James R. Milkey (born December 17, 1956) is an American judge and former environmental lawyer who served as an associate justice of the Massachusetts Appeals Court.

James R. Milkey
Associate Justice of the Massachusetts Appeals Court
In office
April 8, 2009 – September 3, 2024
Nominated byDeval Patrick
Preceded byWilliam Cowin
Succeeded byVacant
Personal details
Born (1956-12-17) December 17, 1956 (age 67)
Hartford, Connecticut, U.S.
EducationHarvard University (BA, JD)
Massachusetts Institute of Technology (MS)

Early life and education

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Milkey was born in Hartford, Connecticut, and earned an undergraduate degree and a J.D. degree from Harvard University. Milkey also earned a master's degree in city planning from MIT.[1]

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Milkey served as a law clerk to Appellate Justice Benjamin Kaplan, did research for the Boston Foundation, and interned for the Department of Interior.[1][2] In 1984, Milkey joined the environmental protection division of the Massachusetts Attorney General's office.[2] Milkey became head of the division in 1996.[1] Concerned about global warming, Milkey initiated the case Massachusetts v. Environmental Protection Agency, joining with eleven other states to argue that the George W. Bush administration should regulate carbon emissions under the Clean Air Act.[3][4] The case made its way to the Supreme Court, with Milkey himself arguing before the court that carbon dioxide and other greenhouse gases should be regulated by the EPA as air pollutants.[5][6] Massachusetts prevailed in a 5–4 decision.[7] The EPA would ultimately begin regulating greenhouse gases under the Obama administration.[8]

Milkey was appointed to the Massachusetts Appeals Court by Governor Deval Patrick, joining the court in 2009.[1] He retired from the court on September 3, 2024.[1]

References

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  1. ^ a b c d e "Associate Justice James R. Milkey". Massachusetts Court System. Retrieved October 20, 2021.
  2. ^ a b Dumcius, Gintautus (26 March 2009). "'Superstar' Milkey in line for appeals court post". State House News. Retrieved 25 June 2014.[permanent dead link]
  3. ^ Heilprin, John (10 April 2005). "States Seek Regulation Of Greenhouse Gases". Washington Post. Retrieved 25 June 2014.
  4. ^ Totenberg, Nina (29 November 2006). "High Court Hears Its First Global Warming Case". NPR. Retrieved 25 June 2014.
  5. ^ Greenhouse, Linda (30 November 2006). "Justices' First Brush With Global Warming". New York Times. Retrieved 25 June 2014.
  6. ^ Lithwick, Dahlia (29 November 2006). "Benchwarming". Slate. Retrieved 25 June 2014.
  7. ^ Greenhouse, Linda (3 April 2007). "Justices Say E.P.A. Has Power to Act on Harmful Gases". New York Times. Retrieved 25 June 2014.
  8. ^ Lizza, Ryan (3 June 2014). "BARACK OBAMA, LEFT CONSERVATIVE". The New Yorker. Retrieved 25 June 2014.