How Brett Kavanaugh Could Reshape Environmental Law From Supreme Court

"WASHINGTON — Long before President Trump nominated him for the Supreme Court on Monday, Judge Brett M. Kavanaugh had already made a name for himself as an influential conservative critic of sweeping environmental regulations.

During his 12 years on the United States Court of Appeals for the District of Columbia Circuit, often regarded as the nation’s second-most powerful court, Judge Kavanaugh voted in a number of high-profile cases to limit Environmental Protection Agency rules involving issues like climate change and air pollution. In two key instances, his arguments were later embraced by the Supreme Court.

His legal philosophy was clear: In the absence of explicit instructions from Congress, any far-reaching effort by the E.P.A. to tackle environmental problems should be met with deep skepticism by the courts. That philosophy often put him sharply at odds with the Obama administration, which sought to harness older environmental laws to deal with newer challenges like global warming."

Brad Plumer reports for the New York Times July 10, 2018.


"Kavanaugh Has Deep Record Of Questioning EPA Authority" (E&E Daily)

"What Brett Kavanaugh on Supreme Court Could Mean for Climate Regulations" (InsideClimate News)

"Dems Want More Info On Kavanaugh's Environmental Record" (Greenwire)

"How Ginsburg's Reversal Of Kavanaugh Saved 'Huge' Air Rule" (Greenwire)

"LCV Launches $200K Campaign Opposing Kavanaugh" (Greenwire)

"How Brett Kavanaugh could rein in environmental rules on the Supreme Court" (Washington Post)

"Just How Bad Would Kavanaugh Be for the Environment?" (Nation)

"Brett Kavanaugh’s Environmental Record Looks Like Scott Pruitt’s" (Daily Beast)

"Judge Kavanaugh And The Environment" (SCOTUSBlog)

"Kavanaugh’s Clouded Environmental Recor" (Natural Resources Defense Council)

"Top Court Nominee Has Long Knocked Back Environmental Rules" (AP)

"Brett Kavanaugh Has a Shaky Track Record on the Environment" (Slate)

"Supreme Court Nominee Brett Kavanaugh's Record On The Environment" (NPR)

"Selective Reporting on Kavanaugh’s Environmental Record" (National Review)

Source: NY Times, 09/05/2018