Kavanaugh On Climate Change

Climate Change: What Would Kavanaugh Do?

Patrick J. Michaels and Trevor Burris, July 11. 2018 (Cato Institute)

“…In a 2012 dissent], Supreme Court nominee Brett Kavanaugh acknowledged that ‘dealing with global warming is urgent and important’ but that any sweeping regulatory program would require an act of Congress…[He wrote that] ‘Congress (with the President) sets the policy through statutes, agencies implement that policy within statutory limits, and courts in justiciable cases ensure that agencies stay within the statutory limits set by Congress.’…[In 2014, he echoed Justice Scalia in writing that the Court expects] Congress to speak clearly if it wishes to assign to an agency decisions of vast ‘economic and political significance’…[The big question is whether Kavanaugh will support the 2007 landmark ruling that empowered the EPA to use] the 1990 Clean Air Act Amendments to regulate emissions of carbon dioxide if the agency found that they endangered human health and welfare (which they subsequently did, in 2009). Justice Kennedy, Kavanaugh’s predecessor, voted with the majority…[It] is clear that Brett Kavanaugh clearly prefers Congressional statutes to agency fiat…” click here for more

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