Our environment is a critical issue, especially to younger voters, and the courts play a crucial role in helping protect it. Court decisions can prevent big corporations from polluting or exacerbating the climate crisis. So, it matters who our federal judges are and how they’re likely to rule on cases regarding the environment, health, and safety.
All too often, federal judges nominated by Trump have jeopardized our health and the environment. Meanwhile, Biden/Harris judges have helped protect them. Let’s explore the difference and see why it’s so important to vote for a candidate who will nominate fair-minded judges.
Trump judges and justices have ruled against the environment
We’ve seen numerous instances in which judges and justices nominated by Trump have ruled in ways which will harm the environment and negatively impact our health. Here are just a few:
- Trump justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett cast deciding votes in a 2022 ruling that made it much harder for the EPA to address climate change.
- Recently, a 5-4 ruling by Trump justice Gorsuch, joined by Trump justice Kavanaugh, granted a stay and stopped implementation of an EPA rule that prevented a state from going forward with an air pollution plan that failed to combat air pollution blowing across state lines.
- All 3 Trump justices joined a landmark 2024 ruling that overturned the 40 year old Chevron doctrine and ruled that courts should no longer defer to agency interpretation of ambiguous environmental and other laws within an agency’s area of expertise.
- Trump judges Justin Walker and Greg Katsas struck down federal agency rules to improve fuel efficiency and cut down air pollution from truck trailers.
- Trump judges Amul Thapar and Joan Larsen issued a 2-1 ruling allowing federal approval of an oil pipeline without considering the environmental impact.
- Trump judge Larsen stopped citizens’ groups from raising objections about threatened air pollution from a company’s natural gas pipeline in Ohio and Michigan that had been approved by a state agency
- Trump judge Julius Richardson wrote a 2-1 decision that reversed a review board’s denial of black lung benefits to a retired coal worker whose work in the mines caused a permanent respiratory disability
Biden/Harris judges have protected the environment
On the other hand, Biden judges have issued or joined important rulings that have protected the environment and health.
- Biden judge Roopali Desai wrote a 2-1 opinion, joined by judge Lucy Koh, that stopped a commercial drilling project on national forest land and made the Forest Service assess the project’s environmental impact.
- Biden judge Veronica Rossman provided the deciding vote rejecting a federal agency’s attempt to exempt drilling and other operations from a rule that regulates air pollution caused by company projects
- Biden judge Charlotte Sweeney ruled that a citizens’ group could proceed with claims about Colorado limestone mining that it contended was harming health, safety, and the environment.
- Biden judge Toby Heytens wrote a 2-1 decision that reversed a Trump district judge and permitted a South Carolina group to file a Clean Water Act suit challenging harmful pollution
- Biden judge Stephanie Davis cast the deciding vote to uphold black lung benefits for the widow of a deceased coal miner.
The choice this election is clear
These are only some of the cases that have impacted our environment and health, and many more issues are decided by the courts every day. Who nominates our judges and justices matters for our future. We need a president who will nominate fair-minded judges who will enforce our environmental laws.
This election, let’s pledge to vote for the candidate who will nominate fair-minded judges and justices who will look out for all of us. Let’s pledge to vote for Kamala Harris to preserve our courts, our environment, and our health. And let’s make sure there’s a Democratic Senate to get those nominees confirmed.
