The draft opinionPublished by PoliticoThese environmental lawyers reported that at least five conservative justices were willing to disregard long-standing precedent in order to achieve major goals on the political left on Monday.
They said that this does not bode well for the Supreme Court’s upcoming decision in West Virginia v. EPAA challenge to the Environmental Protection AgencyThe authority to regulate carbon emissions from power sector, the country’s second-largest sourceof climate-warming pollution.
The court’s dismissive attitude towards precedent is just another sign of a conservative majority eager to fix all the problems in the law that conservatives have complained for years. Dan FarberProfessor of law at the University of California at Berkeley, told The Climate 202.
Conservatives view climate regulation as a dramatic example regulatory overreach, since Congress hasn’t passed any specific laws telling EPA to regulate [carbon emissions]He said so.
Nathan RichardsonProfessor at the University of South Carolina School of Law A university fellow at Resources for the FutureI agree with this assessment.
Richardson explained to The Climate 202 that this suggests conservative justices are aware they have power and are willing to use it for big goals, regardless if it makes the court look biased. It is clear that the conservative agenda includes limiting the power and influence of administrative agencies.
Politico reported Justice circulated the draft opinion Samuel A. Alito Jr. The four other Republican-appointed justices were also appointed. Clarence Thomas, Neil M. Gorsuch, Brett M. Kavanaugh Amy Coney BarrettHad already Voted to be overturned Roe. Chief Justice John G. Roberts Jr.Tuesday’s statement said that the leaked draft opinion was authentic but not final and that he is opening an inquiry into how it got public.
West Virginia v. EPA Coal mining companies and Republican lawyers general brought the case. Clean Air Act The EPA cannot make major changes to the way that the nation’s electricity sector produces electricity. The case is before a Supreme Court that is even more conservative than that which stopped the Clean Power PlanThe Obama administration’s strategy in 2016 to drastically reduce carbon emissions from power plants
No more strange bedfellows
The Supreme Court has suffered an extraordinary breach in operations, and the leak undermines the institution. Sam Sankar, Senior Vice President for Programs at EarthjusticeThe law organization that focuses on environmental advocacy is,
It’s distressing. It’s not something that I ever want to see,” Sankar, a former clerk, said. Sandra Day O’Connor,Who served as a Supreme Court justice between 1981 and 2006.
Justices in controversial cases often circulate multiple draft opinions to try to persuade colleagues to change their language or conclusions. During this process, justices may change their votes.
The leak could undermine trust among justices, staff, but it makes it less likely that conservative and liberal justices will reach consensus over majority opinions that transcend ideological lines. Max RodriguezAn attorney at Pollock Cohen Who helped 192 congressional Democrats to file an amicus brief in West Virginiafor the Biden administration.
If there was any chance of the respondents winning, West Virginia v. EPA,Rodriguez said that it would have needed a strange kind of majority such as three liberals plus at most two conservatives. I wonder if the leak will shorten the chances of strange bedfellows alignments.
Is Massachusetts v. EPA a safe choice?
The draft opinion suggests the conservative justices could reexamine long-standing precedents. However, none the environmental lawyers interviewed for this Report expected the Supreme Court’s imminent overturning of such precedents. Massachusetts v. EPAThe landmark 2007 case that established the authority of EPA to regulate greenhouse gasses under the Clean Air Act.
The Republican-led states and the coal mining companies in West Virginia Appelled the Supreme Court not to reverse the 2007 case in their briefs or during oral argument.
Massachusetts It is unlikely to be under threat in West VirginiaRichardson said. However, this leak makes me even more pessimistic. Massachusetts Long-term.
The justices heard oral arguments in West Virginia In February. A decision is expected to be made before the court’s term ends in June or possibly early July.
Exclusive: Conservative Clean Energy Group endorses 9 candidates ahead of the midterms
Citizens for Responsible Energy SolutionsAccording to exclusive details shared by The Climate 202,, a conservative clean-energy group, is making a second round in congressional endorsements prior to the midterm elections. It supports nine Republican lawmakers who have been vocal on climate and energy issues.
According to the group, all endorsed candidates support boosting the nation’s renewable energy industry, reducing carbon emission, and enacting free market policies that encourage greater research, development, and deployment of clean-energy technologies.
It is clear that our country requires leaders who are determined to increase domestic energy independence, and address climate change. Heather Reams Statement to The Climate 202. CRES has endorsed all of the candidates who have shown leadership in legislative efforts to protect our environment as well as our wallets.
One of the endorsed candidates is Rep. Garret Graves (La.(La. House Select Committee on Climate CrisisDuring the energy crisis triggered by the war with Ukraine, he has called for increased U.S. gas production and exports.
The following are the other candidates who were endorsed:
- Rep. Debbie Lesko (Ariz.)
- Rep. Frank D. Lucas (Okla.)
- Rep. Nicole Malliotakis (N.Y.)
- Rep. Peter Meijer (Mich.)
- Rep. Dan Newhouse (Wash.)
- Rep. Cathy McMorris Rodgers (Wash.)
- Rep. Pete Stauber (Minn.)
- Rep. Elise Stefanik (N.Y.)
CRES has announced its First round of endorsements Last week, we endorsed five senators and 12 members who will be undergoing primaries in the 2022 cycle. The second round of endorsements was focused on legislators who were uncontested or had primaries later in the summer.
Senate Energy Committee moves forward with historic outdoor recreation bill
The Senate Energy and Natural Resources CommitteeTuesday was unanimously voted in favor of theAmericas Outdoor Recreation Act of 2020A package of bills designed to strengthen the nation’s outdoor recreation economy.
The bipartisan legislation was spearheaded by the chair of the committee Joe Manchin III (D-W.Va.), and ranking member Joe Barrasso (R-Wyo.), is the first recreation package of its kind since 1963.
Manchin stated that the package will improve our recreation infrastructure, make rural West Virginia more attractive to businesses, and ensure that our public lands remain accessible for future generations.
The party-line vote on whether to advance was also a topic that split the committee on Tuesday. President BidenNomination of Maria RobinsonTo serve as the Energy Department‘s assistant Secretary in the Office of Electricity. All 10 Democrats voted for it and all 10 Republicans voted against.
Senate Majority Leader Charles E. Schumer (D-N.Y.), could still move for Robinson’s nomination to be removed from the Energy panel and brought up for a full Senate confirmation vote.
E.U. E.U. proposes a ban on Russian oil imports by the close of the year
European officials revealed Wednesday a plan to eliminate Russian oil imports. This is the strongest move the bloc has made to reduce its dependence upon Russian energy during the conflict in Ukraine. Quentin Aris and Emily Rauhala report for The Post.
All member countries must approve the phaseout. This is a gradual approach to the earlier embargo that some countries had attempted. It would ban oil imports for six months and ban refined petroleum products for the remainder of the year.
Yet, it is a significant shift in the European Union’s position, which informed the United States in March that it would not be able to join a Russian energy embargo.
Bureau of Reclamation reduces water releases from drought-stricken Lake Powell
The Interior Departments Bureau of ReclamationTuesday’s announcement of unprecedented measures to protect was made Lake PowellDue to a severe drought in the West,, is currently facing very low water levels. CNNs Ren Marsh Rachel Ramirez report.
The federal government and the surrounding communities will be able to take emergency measures for 12 months while they look at longer-term options to reduce the risk that the second-largest reservoir in the country could dry up due to climate change.
The agency stated that the measures would increase Lake Powell’s water level by nearly 1,000,000 acre-feet. Tuesday’s lake Powell water surface elevation was at 3,522 feet. This is the lowest level since it was filled in 1960s.
The lowest point at the Glen Canyon DamAccording to the bureau, the maximum height that can be operated is 3,490 feet. The dam produces hydropower that can power up to 5.8 millions homes and businesses in seven states.