Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

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

EcoWatch Daily Newsletter

By Michael Svoboda

The enduring pandemic will make conventional forms of travel difficult if not impossible this summer. As a result, many will consider virtual alternatives for their vacations, including one of the oldest forms of virtual reality – books.

Read More Show Less
Public Employees for Environmental Responsibility on Thursday accused NOAA of ignoring its own scientists' findings about the endangerment of the North Atlantic right whale. Lauren Packard / Flickr / CC BY 2.0

By Julia Conley

As the North Atlantic right whale was placed on the International Union for Conservation of Nature's list of critically endangered species Thursday, environmental protection groups accusing the U.S. government of bowing to fishing and fossil fuel industry pressure to downplay the threat and failing to enact common-sense restrictions to protect the animals.

Read More Show Less
Pexels

By Beth Ann Mayer

Since even moderate-intensity workouts offer a slew of benefits, walking is a good choice for people looking to stay healthy.

Read More Show Less
Much of Eastern Oklahoma, including most of Tulsa, remains an Indian reservation, the Supreme Court ruled on Thursday. JustTulsa / CC BY 2.0

Much of Eastern Oklahoma, including most of Tulsa, remains an Indian reservation, the Supreme Court ruled on Thursday.

Read More Show Less
The Firefly Watch project is among the options for aspiring citizen scientists to join. Mike Lewinski / Wikimedia Commons / CC by 2.0

By Tiffany Means

Summer and fall are great seasons to enjoy the outdoors. But if you're already spending extra time outside because of the COVID-19 pandemic, you may be out of ideas on how to make fresh-air activities feel special. Here are a few suggestions to keep both adults and children entertained and educated in the months ahead, many of which can be done from the comfort of one's home or backyard.

Read More Show Less
People sit at the bar of a restaurant in Austin, Texas, on June 26, 2020. Texas Governor Greg Abbott ordered bars to be closed by noon on June 26 and for restaurants to be reduced to 50% occupancy. Coronavirus cases in Texas spiked after being one of the first states to begin reopening. SERGIO FLORES / AFP via Getty Images

The coronavirus may linger in the air in crowded indoor spaces, spreading from one person to the next, the World Health Organization acknowledged on Thursday, as The New York Times reported. The announcement came just days after 239 scientists wrote a letter urging the WHO to consider that the novel coronavirus is lingering in indoor spaces and infecting people, as EcoWatch reported.

Read More Show Less

Trending

A never-before-documented frog species has been discovered in the Peruvian highlands and named Phrynopus remotum. Germán Chávez

By Angela Nicoletti

The eastern slopes of the Andes Mountains in central Perú are among the most remote places in the world.

Read More Show Less