“Supreme Court Rulings and Climate Change: How Judicial Appointments Impact Environmental Regulations”
Environmental activists are rallying in front of the U.S. Supreme Court in 2022 after a ruling against the Obama administration’s plan to cut climate-warming emissions at the nation’s power plants. The Supreme Court has further limited the power of federal agencies like the Environmental Protection Agency (EPA).
The Obama administration’s Clean Power Plan and the Trump administration’s Affordable Clean Energy Rule were both significant regulations that faced challenges in the courts and never went into effect. Lisa Heinzerling, a law professor at Georgetown University, noted that any major environmental rule is typically challenged in the courts, where the final decision lies.
As the 2024 election approaches, NPR’s Climate Desk has examined the records of President Biden and former President Donald Trump on climate change. Trump has promised to prioritize oil and gas development, while Biden aims to create more jobs through a transition away from fossil fuels.
The judicial appointments made by the president are crucial in shaping the country’s judiciary and influencing the government’s ability to implement laws. Biden has appointed 201 judges, including one to the Supreme Court, while Trump appointed 234 judges, including three Supreme Court justices, giving conservatives a 6-3 majority on the court.
Recent Supreme Court decisions have ruled against agencies’ efforts to regulate climate-warming emissions, protect wetlands and streams, and limit air pollution from power plants and factories. The court’s conservative majority has also overturned the Chevron deference, which allowed agencies to interpret ambiguous laws based on their expertise.
The implications of these decisions on environmental regulations are significant, as laws like the Clean Air Act and Clean Water Act were intentionally written vaguely to address future environmental challenges. The shift away from Chevron deference could hinder the government’s ability to adapt to evolving scientific knowledge on issues like climate change, PFAS, and plastic pollution.
The politics of the judiciary play a crucial role in environmental litigation, with lower courts often influencing the regulatory landscape. Trump’s appointments led to a conservative Supreme Court, while Biden has focused on diversifying the federal judiciary with more non-white and female judges.
Regardless of the election outcome, legal experts believe that the recent Supreme Court decisions will make it harder for the federal government to address environmental issues like climate change without new legislation from Congress. The question remains on how to effectively tackle these challenges in the face of judicial limitations.