The Future of Environmental Law Under an Increasingly Conservative Supreme Court
With the ascension of Judge Amy Coney Barrett to the Supreme Court, environmentalists are gravely concerned regarding the future of environmental law. The Court, under Chief Justice Roberts has a reputation for “business-friendly” decisions, although recent Supreme Court decisions in dealing with climate and federal water permits have yielded important victories for environmentalists. With environmental groups prevailing in only one-third of the High Court’s cases, the prevailing view is that a Justice Barrett will only solidify the Court’s pro-business decision-making. However, other key factors, including the impending Presidential election and the role of the Department of Justice, could influence the Court’s future decisions.
Brent Fewell of ConservAmerica discusses with Jonathan Adler, a prominent environmental lawyer and professor at Case Western Reserve University School of Law, several high profile environmental decisions by the Supreme Court and explore the implications on the future of environmental law under an increasingly conservative composition.