MICHELE NORRIS, Host:
But, today, as NPR's Nina Totenberg reports, the justices seemed deeply skeptical about letting state governments get into the regulatory act through the courts.
NINA TOTENBERG: By the time the case was argued today, the political situation had changed again and the case looked like it could be a good deal more than a footnote. So says Richard Lazarus, director of the Georgetown University Supreme Court Institute.
RICHARD LAZARUS: Everything has changed again. You have a Congress which is trying to undo everything. They're trying to rewind back to 2004.
TOTENBERG: The federal common law gives the states a remedy for pollution, she said, and it cannot be that the mere promise of a regulation from the federal government is enough to prevent the states from acting in court. Her argument met with clear resistance from all the justices, both liberal and conservative.
EPA: Congress set up the EPA to promulgate standards for emission and now you want to have a district court judge be a kind of super EPA?
TOTENBERG: Nina Totenberg, NPR News, Washington.
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