Environmental rules, regardless of the president, are frequently challenged in court.
Lower federal courts, where thousands of decisions are made, often have the final say.
Recent judicial appointments have emphasized partisan alignment over experience, affecting court decisions on environmental issues.
Key quote:
“I do think we need a Supreme Court, appellate courts, trial courts, that respect the law and respect facts and avoid this kind of activist bent.”
— DJ Gerken, president of the Southern Environmental Law Center
Why this matters:
Judges' rulings shape the effectiveness of environmental regulations, impacting the government's ability to address critical climate issues. Increased judicial skepticism can undermine efforts to manage emerging environmental challenges.
The Australian government on Monday began its legal challenge to a judge's landmark decision that the administration has a duty of care to prevent future climate change in a case brought by eight teenagers.
As the Biden administration begins the daunting job of rebuilding U.S. climate policy, it has gotten help from an unexpected, and perhaps unlikely, source - the federal courts.
An opponent of the social cost of carbon. A judge backed by industry and conservative activists. And a jurist who refused to acknowledge climate science. One of them could be the next Supreme Court justice.
