SCOTUS Nominee Merrick Garland and Environmental Regulation

Today, at a live event in the Rose Garden, President Obama nominated Merrick Garland, currently the chief judge of the U.S. Court of Appeals for the District of Columbia Circuit. Reminding everyone that “people don’t stop working during their last term,” President Obama urged Senators to act in a bipartisan fashion and move forward with nomination hearings in order to fill the vacant seat left on the Supreme Court after Justice Antonin Scalia passed away in February.
Although there is sure to be a political battle around the nomination, we look to Judge Garland’s record on environmental issues to shed some light on how the Supreme Court may handle future environmental cases, like the current challenge to the Clean Power Plan pending in the lower court.

What Does Scalia’s Passing Mean for the ‘Paused’ Clean Power Plan?

America’s first regulation aimed at reigning in carbon pollution from our nation’s power sector may avoid some of the increasing politicization of our legal system in part due to the sudden and unexpected death of Supreme Court Justice Antonin Scalia. A staunch conservative who sided more often with industry plaintiffs than with environmental advocates, Justice Scalia left a lasting legacy in environmental cases by offering strict interpretations for what constitutes “legal standing” and “harm.”