In late 2006, President George W. Bushs Environmental Protection Agency argued before the Supreme Court that it did not want to regulate greenhouse gases, and that no one could make it do so. It certainly had no wish to accede to the desires of Massachusetts, which, with eleven other states, had sued the E.P.A. for failing to establish guidelines on emissions of carbon dioxide, methane, nitrous oxide, and hydrofluorocarbons. The states pointed to the agencys charter, under the Clean Air Act, which instructs it to regulate chemicals released into the air which may reasonably be anticipated to endanger public health or welfare. They asked why the E.P.A., which had refused even to consider whether greenhouse gases fell into that category, thought that it could ignore the law.
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