James Milkey

James R. Milkey is an American judge and former environmental lawyer who serves as an Associate Justice of the Massachusetts Appeals Court.

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

Milkey served as a law clerk to Appellate Justice Benjamin Kaplan, did research for the Boston Foundation, and interned for the Department of Interior. In 1984, Milkey joined the environmental protection division of the Massachusetts Attorney General's office. Milkey became head of the division in 1996. 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. 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. Massachusetts prevailed in a 5-4 decision. The EPA would ultimately begin regulating greenhouse gases under the Obama Administration.

Milkey was appointed to the Massachusetts Appeals Court by Governor Deval Patrick, joining the court in 2009.