Supreme Court wetlands
At the end of May, the Supreme Court took a major bite out of the Environmental Protection Agency's (EPA) ability to protect wetlands under the Clean Water Act. Credit: Brian Bienkowski

Opinion: Supreme Court undoing 50 years’ worth of environmental progress

The Supreme Court has taken a brazen anti-regulatory turn. It’s our planet and health that will suffer.

For the past few months, Americans have faced multiple political distractions: Ukraine, inflation, AI, whether or not we intentionally nuke our own economy.


With all of these hyper-dramas, we quietly managed to harpoon some of the half-century-old cornerstones of environmental law.

How — and why — on Earth did we do that?

Supreme Court takes aim at wetlands 

At the end of May, the Supreme Court took a major bite out of the Environmental Protection Agency's (EPA) ability to protect wetlands under the Clean Water Act. An Idaho couple initiated the case in 2007 when the Clean Water Act prevented them from building a home on a property that contained wetlands.

Over the next 16 years, Sackett v. EPA became the focal point for farmers, homebuilders, industrialists, anti-regulatory groups and many more who saw the EPA as an out-of-control federal agency.

Before a Supreme Court re-cast by three conservative Trump nominees, the 5-4 SCOTUS vote actually saw Trump nominee Brett Kavanaugh side with the court’s three remaining liberal justices. But the Sackett ruling played the same role for EPA politics that the 2022 Dobbs case did for neutralizing Roe v. Wade in abortion rights.

In June 2022, West Virginia v. EPA was another long-simmering case on the EPA’s ability to regulate power plants for greenhouse gas emissions. The court’s full 6-3 conservative majority ruled in favor of West Virginia Attorney General Patrick Morrisey and more than a dozen of his state colleagues. The decision monkey-wrenched the Biden administration’s ability to meet carbon reduction goals under the Paris climate accord.

But wait, there’s more! Also, in June 2022, a federal district court scored a win for environmental advocates by knocking down Trump administration rules limiting Endangered Species Act enforcement. That one, or other Endangered Species Act cases, will fall into the lap of SCOTUS sooner rather than later.

SCOTUS anti-regulatory turn

Justice Elena Kagan has been a consistent voice of futile outrage over the Court’s anti-regulatory turn. In a dissent to the Sackett decision last week, she wrote that the Court’s majority had its “thumb on the scale” of justice.

With Trump’s three relatively young lifetime appointees, SCOTUS seems locked into a generation of anti-regulatory, pro-business judgment. And the judicial undercard? In his single term, Trump made 54 appeals court and 174 federal court picks, effectively tying up much of the federal courts system before reaching the Supreme Court.

By now, surely you must be thinking it’s a good thing that there are two other branches of government. But no. Not this week.

Debt limit giveaway to oil and gas

As a major giveaway in the compromise to raise the debt limit, President Biden and the congressional Democrats agreed to “streamline” the permitting process for energy projects. That meant weakening the National Environmental Policy Act (NEPA), another key law from 1970. NEPA required an environmental impact statement for any consequential development using federal land or funds.

Oil and gas pipeline projects would benefit deeply and quickly, as would methane export projects and new plastics factories stateside, with appeals and public comment periods shortened.

It was progressive Rep. Jared Huffman who told the Washington Post, “They must think we’re really, really stupid,” (if Republican leaders thought the Dems’ leaders would agree to this).

Then, the Democrats did agree to it.

The environment as a political pawn

supreme court united states

US Supreme Court Justice Neil Gorsuch in 2019. Gorsuch's mom, Anne Gorsuch Burford, was Ronald Reagan’s first EPA administrator and was openly hostile to the agency she ran.

Credit: George W. Bush Presidential Center/flickr

I’m afraid that this illustrates just how little clout environmental issues still have. Even as we proclaim climate change an “existential” threat, it’s one of the first items tossed under the bus.

It’s a far cry from the time when the high court had its own treehugger. Justice William O. Douglas served 36 years on the court. He once asked during a case involving a ski resort if trees should have the same rights as humans.

Today’s court has a bizarre, mirror-image environmental twist of its own. Justice Neil Gorsuch was the first of Trump’s appointees. His mom, Anne Gorsuch Burford, was Ronald Reagan’s first EPA administrator. She openly expressed contempt for the agency’s mission and was forced out by scandal after two years.

Now her son and other Trump appointees are taking up her cause — and it’s our planet that will suffer.

Pennsylvania governor signs controversial carbon storage bill into law, paving the way for hydrogen hubs

The bill was opposed by 45 environmental groups.

PITTSBURGH — On July 17, Pennsylvania Governor Josh Shapiro signed into law a carbon capture and storage bill that creates a legal framework for climate-warming carbon emissions captured from burning fossil fuels to be injected underground and stored indefinitely to prevent them from escaping into the atmosphere.

Keep reading...Show less
Senator Whitehouse & climate change

Senator Whitehouse puts climate change on budget committee’s agenda

For more than a decade, Senator Sheldon Whitehouse gave daily warnings about the mounting threat of climate change. Now he has a powerful new perch.
Amid LNG’s Gulf Coast expansion, community hopes to stand in its way
Coast Guard inspects Cameron LNG Facility in preparation for first LNG export in 2019. (Credit: Coast Guard News)

Amid LNG’s Gulf Coast expansion, community hopes to stand in its way

This 2-part series was co-produced by Environmental Health News and the journalism non-profit Economic Hardship Reporting Project. See part 1 here.Este ensayo también está disponible en español
Keep reading...Show less
fashion industry’s plastic waste
Credit: izzzy71/BigStock Photo ID: 305135785

New study shows fashion industry’s plastic waste problem

The fashion industry is responsible for millions of tonnes of plastic waste, much of which ends up polluting the environment due to improper management.

Reporting from The Engineer.

Keep reading...Show less
chemical recycling
Credit: Sandy Field

Chemical recycling has an economic and environmental injustice problem: Report

PITTSBURGH — Chemical recycling projects are unlikely to generate local economic benefits or help reduce global plastic pollution, according to a new report.

Keep reading...Show less
project 2025 climate rollbacks
Credit: Elvert Barnes/Flickr

A blueprint for reshaping climate regulations under a second Trump administration

The Project 2025 plan outlines a conservative vision for dismantling EPA climate regulations if Trump returns to the White House.

Jean Chemnick reports for E&E News.

Keep reading...Show less
Record oil profits stall renewables
Credit: WildEarth Guardians/Flickr

Record oil profits highlight the long road to renewable energy

Despite global efforts to shift to renewables, U.S. oil producers are raking in record profits thanks to high prices and demand.

Rebecca F. Elliott reports for The New York Times.

Keep reading...Show less

Activists demand halt to uranium mining near Grand Canyon

Environmentalists and tribal members are urging Arizona officials to end uranium mining near the Grand Canyon, citing health and environmental risks.

Noel Lyn Smith reports for Inside Climate News.

Keep reading...Show less
From our Newsroom
carbon capture

30 environmental advocacy groups ask PA governor to veto carbon capture bill

“Putting resources toward carbon capture and storage instead of renewable energy is wasting time we don’t have.”

climate justice

Op-ed: Farmers of color need climate action now. The farm bill is our best hope.

Farmers of color who are leading the charge for regenerative farming, as they have done for generations, need our support now more than ever.

WATCH: Enduring the “endless” expansion of the nation’s petrochemical corridor

WATCH: Enduring the “endless” expansion of the nation’s petrochemical corridor

As mounds of dredged material from the Houston Ship Channel dot their neighborhoods, residents are left without answers as to what dangers could be lurking.

US Steel pollution

Nippon Steel shareholders demand environmental accountability in light of pending U.S. Steel acquisition

“It’s a little ironic that they’re coming to the U.S. and buying a company facing all the same problems they’re facing in Japan.”

Another chemical recycling plant closure offers ‘flashing red light’ to nascent industry

Another chemical recycling plant closure offers ‘flashing red light’ to nascent industry

Fulcrum BioFuels’ shuttered “sustainable aviation fuel” plant is the latest facility to run into technical and financial challenges.

Stay informed: sign up for The Daily Climate newsletter
Top news on climate impacts, solutions, politics, drivers. Delivered to your inbox week days.