Environmental activists gathered in front of the U.S. Supreme Court to protest the ruling against the Obama administration’s Clean Power Plan, which aimed to cut climate-warming emissions from power plants. This ruling was a blow to environmental efforts, and further decisions by the Supreme Court have limited the power of federal agencies like the EPA.
Lisa Heinzerling, a law professor at Georgetown University and a former adviser to President Obama’s EPA, highlighted the challenges faced by major environmental regulations due to constant legal challenges. The courts play a crucial role in determining the fate of these regulations, emphasizing the impact of judicial appointments on climate action.
As the 2022 elections approach, both President Biden and former President Donald Trump have outlined their positions on climate change. Trump’s focus is on expanding oil and gas development, while Biden aims to create more jobs through transitioning away from fossil fuels. However, legal experts suggest that the judicial appointments made by either candidate could have significant implications for climate policies.
The power to nominate federal judges, including Supreme Court justices, lies with the president. Trump appointed 234 judges during his term, including three Supreme Court justices, creating a conservative majority on the highest court. Recent Supreme Court decisions have challenged agencies’ authority to regulate climate-warming emissions, air pollution, and environmental protection measures.
The Supreme Court’s rejection of the Chevron deference principle, which allowed agencies to interpret ambiguous laws within their expertise, could have far-reaching consequences for environmental regulations. This decision may hinder the government’s ability to address emerging environmental issues like climate change, PFAS, and plastic pollution.
While proponents argue that the Chevron deference granted excessive power to federal agencies, critics express concerns about the court’s ability to understand complex scientific issues without deferring to expert agencies. The shift to judicial oversight in interpreting laws may impact various sectors beyond the environment, such as food safety, medicine, and telecommunications.
The current composition of the federal judiciary reflects the influence of past presidential appointments, with Trump’s administration significantly shaping the courts in a conservative direction. Lower courts, in particular, play a crucial role in shaping the regulatory landscape and influencing legal decisions related to environmental issues.
Regardless of the election outcome, legal experts anticipate challenges in addressing environmental threats like climate change due to recent Supreme Court decisions. The need for new legislation from Congress becomes crucial in the face of limited agency authority and judicial oversight. The balance between regulatory power and environmental protection remains a key concern for policymakers and advocates in the climate action arena.
