The Supreme Court has decided to freeze the verdict of Louisiana v. American RiversA shadow docket is a terrible precedent for future Supreme Court decisions. It could not have happened at an even worse time in American history.
The Supreme Court issued a 5-4 decision on April 6 regarding the appeal of Louisiana. American Rivers was heard in a shadow docket. It reinstated the Executive Order 13868 of former President Donald Trump.
Shadow docketThe Supreme Court makes decisions outside of regular proceedings. These decisions are typically granted in cases of emergency and are made with no oral arguments.
A regular Supreme Court case will follow a format of oral arguments by both sides and amicus briefs. After much discussion, the Supreme Court issues a verdict and explains why it made its decision. This gives you a clear view of the judicial process.
Trump made several laws during his time as president Executive Order 13868To encourage investment in energy infrastructure and economic growth, and to streamline the process for federal licensing federal projects.
The Executive Order specifically targeted Section 401, which is a section of the Clean Water Act that gives states and tribes authority to grant, deny, or waive certification of federal licenses for projects causing water pollution within their state or tribe boundaries.
According to the United States Environmental Protection Agency(EPA) This authorization was derived from a 1971 section of Clean Water Act.
The EPA wanted to see this section of law updated in 2020. This was done to avoid confusion about the certification process and concerns about state and tribal authority in protecting public health and ensuring EPA water quality standards.
Executive Order 13868 gave states & tribes a strict time limit for deciding on federal licensing. Otherwise, the government would assume they had waived their right.
The executive order also limited the application of section 401 to water quality and pollution, and excluded other environmental impacts.
Louisiana v. American Rivers enacted section 401 of CWA in its original verdict. The executive order of 2020 was immediately effective after the original verdict was frozen.
The Supreme Court decision has implications that affect state and tribal rights and increase federal power over state and tribe wellbeing. It sets a precedent for energy projects that could have disastrous environmental consequences to be granted greenlight without the approval of the states or tribes they are being constructed in.
The Intergovernmental Panel on Climate Change published a current report on climate change and future predictions on February 28th. The IPCC’s report for 2022 indicated that the fight against global warming was in its final stretch.
This report is a warning about the dire consequences of inaction Chair of the IPCC Hoesung Le . It shows that climate changes are a grave threat to our wellbeing as well as the health of the planet..Our actions today will impact how people adapt to changing climate risks and how nature responds.
The IPCC 2022Global emissions have increased since 2010, and the Earth is well on its way to exceeding 1.5 degrees Celsius, as per the Paris Agreement.
Increasing fossil fuel production will only make things worse. The choices made by countries today will determine if they are able to meet their 1.5 degree commitment. A shift to renewables can fix our broken global energy mix, and provide hope for millions of people who are suffering from climate impacts today. Secretary General of United Nations Antnio Guterres said.
The only way to keep the planet habitable for future generation is by making choices in the present.
The Supreme Court uses the shadow docket to deny citizens the right of seeing the progress of government decisions that have significant impacts on their lives, futures, and livelihoods.
There are benefits to the shadow docket. It is advantageous in cases where a decision is urgently needed, such as death row cases.
The risks are not outweighed by the benefits. It is a grave mistake to make major decisions without allowing input from outside parties in a time when many controversial topics are being argued before the Supreme Court.
The United States is one the largest contributors to climate change. The Supreme Court ruling allows energy companies to build without regard to the environment.
Although this may seem like a short-term financial advantage, it will undoubtedly have lasting effects.
