Why the Next President's Judicial Appointments Will Impact Climate Action
As we approach another pivotal presidential election, one of the most significant yet often overlooked consequences of the outcome will be its impact on climate action through judicial appointments.
The Courts and Climate Regulation
Environmental regulations, whether stringent or lenient, are frequently contested in courts. Lisa Heinzerling, a Georgetown University law professor, notes that major environmental rules, such as the Obama administration’s Clean Power Plan and the Trump administration’s Affordable Clean Energy Rule, face extensive legal challenges. The courts ultimately decide the fate of these regulations.
Presidential Influence on the Judiciary
The president has the authority to nominate federal judges, including those to the Supreme Court, federal appellate, and district courts. These judges serve lifelong terms, shaping the judiciary and influencing the government's ability to implement laws for decades. President Biden has appointed 201 judges, including one Supreme Court justice. Former President Trump appointed 234 judges, including three Supreme Court justices, resulting in a conservative majority that has ruled against several key environmental protections.
Recent Supreme Court Decisions
The current Supreme Court has restricted the powers of federal agencies to enforce environmental regulations. A notable ruling discarded the Chevron deference, which had allowed courts to defer to federal agencies' expertise in ambiguous legal matters. This decision limits the ability of agencies like the Environmental Protection Agency (EPA) to use scientific advancements to address modern environmental challenges under older laws like the Clean Air Act and Clean Water Act.
Implications for Climate Regulation
The recent Supreme Court stance means federal agencies may struggle to adapt existing environmental statutes to contemporary issues such as climate change and pollution. Erik Schlenker-Goodrich from the Western Environmental Law Center emphasizes that many environmental laws were written with broad authority to accommodate evolving science. Restricting agencies from interpreting these laws hinders their ability to protect public health and the environment.
The Role of Lower Courts
Lower federal courts, including appellate and district courts, handle numerous environmental cases and significantly influence regulatory landscapes. Trump's administration placed many conservative judges in these courts, affecting decisions on climate and environmental policies. For instance, a federal appeals court recently ended a lawsuit by young plaintiffs arguing that the U.S. government's contribution to climate change violated their constitutional rights.
Judicial Appointments and Environmental Policy
The next president's judicial appointments will profoundly affect the nation's environmental policies. If Trump wins, he could further solidify a conservative judiciary, potentially stalling climate action for decades. Conversely, Biden's appointments have focused on diversifying the judiciary, which could bring different perspectives to environmental cases.
The Broader Impact
Regardless of the election outcome, recent Supreme Court decisions complicate federal efforts to address climate issues without new legislation. Sam Sankar from Earthjustice notes that while the Chevron decision makes it harder to use old laws for new problems, there is hope that increasing environmental crises will prompt legislative action from Congress.
Conclusion
The judicial appointments made by the next president will have long-lasting implications for climate action. As climate change continues to pose significant challenges, the composition of the judiciary will play a crucial role in determining how effectively the U.S. can respond to and mitigate these issues. Environmental activists and concerned citizens must recognize the importance of judicial appointments in shaping the future of climate policy.
