Quantcast

On Environmental Record, Did Kavanaugh Lie to Senate?

Politics
Geoff Livingston / Flickr / CC BY-NC-ND 2.0

By Scott Faber

In testimony before the Senate Judiciary Committee Wednesday, Supreme Court nominee Brett Kavanaugh grossly misrepresented his record on the environment.


Kavanaugh, President Trump's nominee to fill the court's critical swing seat, cited four cases as evidence of his willingness to rule against industry to protect the environment.

But in one of those cases, Kavanaugh actually ruled in favor of weakening air quality rules for cement plants. In another, Kavanaugh doubled down on his position that the U.S. Environmental Protection Agency (EPA) lacks the legal authority to regulate the greenhouse gases that cause climate change. In a third case, Kavanaugh's concurring opinion laid the groundwork for challenges of EPA regulations by polluting industries.

What's more important are the cases he failed to mention. The fact is that in 16 of 18 cases, Kavanaugh has ruled in favor of more air and water pollution, and in 17 of 18 cases, he has ruled to weaken protection for endangered species.

So, when it comes to the environment, Judge Kavanaugh has ruled for industry 32 out of 35 times. That's good news for industry, but really bad news for the rest of us.

Kavanaugh has ruled that the EPA lacks the authority to regulate greenhouse gases. He ruled against regulating cross-state air pollution. He ruled in favor of dumping coal waste and dumping hazardous waste. He ruled that it's okay for factory farms to foul the air of their neighbors.

When the Trump administration sought to delay rules designed to reduce climate-changing emissions of methane, Kavanaugh sided with polluters. When the EPA sought to replace fluorinated chemicals known as HFCs to reduce greenhouse gas emissions, he complained that the proposed rule pulled the rug out from under polluters—even though replacement chemicals are readily available. Kavanaugh also supported giving large plants and factories more time to comply with greenhouse gas rules.

In some cases, Kavanaugh has adopted the view that the EPA must always weigh the costs to polluters against the benefits to public health, regardless of Congressional direction. When the EPA was proposing to regulate mercury emissions, Kavanaugh argued that the EPA was obligated to consider the costs of regulatory compliance to polluters.

Likewise, when the EPA proposed to apportion cross-state pollution, Kavanaugh sided with industry by advocating for the regulation that is least costly to industry, not most protective of public health.

In another case, Kavanaugh argued that the EPA had failed to consider the costs to a coal company dumping mine waste into streams, even though the agency had no obligation to consider cost. In one case, Kavanaugh sought to underestimate the public health benefits of reducing mercury pollution by discounting other benefits, like reducing particulate matter.

Related Articles Around the Web
Show Comments ()

EcoWatch Daily Newsletter

"Take the pledge today." Screenshot / StopFoodWasteDay.com

Did you know that more than a third of food is wasted or thrown away every year? And that only 25 percent of it would be enough to feed the 795 million undernourished people in the world? That's why today is Stop Food Waste Day, a chance to reflect on what you can do to waste less of the food you buy.

Stop Food Waste Day is an initiative of food service company Compass Group. It was launched first in the U.S, in 2017 and went global the year after, making today it's second worldwide celebration.

Read More Show Less
Pexels

By Franziska Spritzler, RD, CDE

Berries are among the healthiest foods you can eat.

Read More Show Less
Sponsored
Flames and smoke are seen billowing from the roof at Notre-Dame Cathedral on April 15 in Paris, France. Veronique de Viguerie / Getty Images

When Paris's Notre Dame caught fire on April 15, the flames threatened more than eight centuries of culture and history. The fire evoked shock, horror and grief worldwide. While the cathedral burned, French President Emmanuel Macron expressed determination to rebuild what the French regard as a sacred site.

Read More Show Less
An artist's impression of NASA's InSight lander on Mars. NASA / JPL-CALTECH

Scientists have likely detected a so-called marsquake — an earthquake on Mars — for the first time, The National Aeronautics and Space Administration (NASA) announced on Tuesday.

Read More Show Less
Hero Images / Getty Images

Across the political aisle, a majority of American parents support teaching climate change in schools even though most teachers currently do not.

Read More Show Less
Sponsored
Priit Siimon / flickr / cc

By Andrea Germanos

Lawyer and visionary thinker Polly Higgins, who campaigned for ecocide to be internationally recognized as a crime on par with genocide and war crimes, died Sunday at the age of 50.

She had been diagnosed with an aggressive cancer last month and given just weeks to live.

Read More Show Less
Pixabay

An E. coli outbreak linked to ground beef has spread to 10 states and infected at least 156 people, CNN reported Wednesday.

Read More Show Less
The Anopheles stephensi mosquito, which carries malaria. CDC / Jim Gathany

The world's first malaria vaccine was launched in Malawi on Tuesday, NPR reported. It's an important day in health history. Not only is it the first malaria vaccine, it's the first vaccine to target any human parasite.

Read More Show Less