The Environmental Legacy of Supreme Court Justice John Paul Stevens, 1920-2019
John Paul Stevens, the retired Supreme Court Justice who wrote the opinion granting environmental agencies the power to regulate greenhouse gases, died Tuesday at the age of 99. His decision gave the U.S. government important legal tools for fighting the climate crisis.
"Justice John Paul Stevens was one of the great environmental heroes of the last century," Washington Gov. and climate-focused presidential candidate Jay Inslee wrote in a statement following his death. "His decisions formed the bedrock of America's environmental laws, and his impact on our environment will be felt for generations to come."
Justice John Paul Stevens was one of the great environmental heroes of the last century. His decisions formed the b… https://t.co/q3oE7UcJl4— Jay Inslee (@Jay Inslee)1563333437.0
Stevens was appointed to the court by President Gerald Ford in 1975 and retired in 2010 at the age of 90, having served more than twice the average amount of time for a Supreme Court Justice, the Associated Press reported. He was characterized as moving from the center to the liberal wing of the court during his tenure, but Stevens himself thought that was inaccurate. In his view, the court had moved to the right while his positions had stayed roughly the same.
"I don't think of myself as a liberal at all," Stevens told The New York Times in 2007, as the Associated Press reported. "I think as part of my general politics, I'm pretty darn conservative."
However, Stevens did rule in favor of a number of positions considered liberal, including gay rights, abortion rights and gun control, according to Reuters. He also opposed key Bush administration policies. For example, he wrote the court's decision that detainees at Guantanamo Bay could challenge their incarceration in U.S. courts.
Another disagreement with the Bush administration marked perhaps the cornerstone of his environmental legacy. In Massachusetts v. EPA, he wrote the majority opinion arguing that the U.S. Environmental Protection Agency (EPA) had the authority to regulate auto emissions that contribute to climate change, The New York Times reported at the time. Further, he ruled that, if the agency chose not to regulate greenhouse gases, it would have to justify its decision with science.
The Bush administration has argued that the EPA lacked the authority to regulate greenhouse gas emissions under the Clean Air Act and that, even if it had the power, the Bush EPA would not choose to use it. Stevens disagreed.
"Because greenhouse gases fit well within the Act's capacious definition of 'air pollutant,' EPA has statutory authority to regulate emission of such gases from new motor vehicles," Stevens wrote.
His decision paved the way for key Obama-era policies, such as the first auto-emissions standards focused on limiting climate-changing emissions, Grist wrote in a reflection on his retirement in 2010.
Manhattan v. EPA wasn't his only significant environmental decision. Grist highlighted three others:
- Chevron v. NRDC: This 1984 decision was initially seen as a defeat for environmentalists because it said the DC Circuit could not override the Reagan EPA's decision to give more flexibility to companies in honoring their Clean Air Act obligations. However, it set an important precedent that the courts should defer to regulatory agencies when they act on a reasonable interpretation of a law.
- Babbitt v. Sweet Home Chapter Of Communities For A Great Oregon: In this 1995 case, Stevens reinstated the portion of the Endangered Species Act that protected the habitats of endangered species. It had been struck down based on a narrow interpretation by the DC Circuit, but Stevens argued that the intent of the law was clearly on the side of protecting habitats.
- Sierra Preservation Council v. Tahoe Regional Planning Agency: In this case, decided in 2002, Stevens wrote the majority opinion that upheld land use protections for Lake Tahoe. His ruling reversed the court's abuse of the Takings Clause of the Fifth Amendment to block environmental laws.
"Justice Stevens should be remembered as a great justice in environmental cases, not because he bent the law to favor environmental outcomes, but rather because he insisted that the law itself, which dictates environmental outcomes in many cases, be followed," Grist concluded.
Stevens died in a hospital in Fort Lauderdale, Florida following complications from a stroke he suffered on Monday, according to a Supreme Court statement reported by Reuters. He was remembered fondly by his former colleagues.
"He brought to our bench an inimitable blend of kindness, humility, wisdom, and independence. His unrelenting commitment to justice has left us a better nation," Chief Justice John Roberts said in the statement.
The Atlantic Coast Pipeline Fight Could Go to the Supreme Court https://t.co/PyjtlKV3vr— Lakota Country Times (@Lakota_Timez) March 2, 2019
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The tiny island nation of Mauritius, known for its turquoise waters, vibrant corals and diverse ecosystem, is in the midst of an environmental catastrophe after a Japanese cargo ship struck a reef off the country's coast two weeks ago. That ship, which is still intact, has since leaked more than 1,000 metric tons of oil into the Indian Ocean. Now, a greater threat looms, as a growing crack in the ship's hull might cause the ship to split in two and release the rest of the ship's oil into the water, NPR reported.
On Friday, Prime Minister Pravind Jugnauth declared a state of environmental emergency.
France has sent a military aircraft carrying pollution control equipment from the nearby island of Reunion to help mitigate the disaster. Additionally, Japan has sent a six-member team to assist as well, the BBC reported.
The teams are working to pump out the remaining oil from the ship, which was believed to be carrying 4,000 metric tons of fuel.
"We are expecting the worst," Mauritian Wildlife Foundation manager Jean Hugues Gardenne said on Monday, The Weather Channel reported. "The ship is showing really big, big cracks. We believe it will break into two at any time, at the maximum within two days. So much oil remains in the ship, so the disaster could become much worse. It's important to remove as much oil as possible. Helicopters are taking out the fuel little by little, ton by ton."
Sunil Dowarkasing, a former strategist for Greenpeace International and former member of parliament in Mauritius, told CNN that the ship contains three oil tanks. The one that ruptured has stopped leaking oil, giving disaster crews time to use a tanker and salvage teams to remove oil from the other two tanks before the ship splits.
By the end of Tuesday, the crew had removed over 1,000 metric tons of oil from the ship, NPR reported, leaving about 1,800 metric tons of oil and diesel, according to the company that owns the ship. So far the frantic efforts are paying off. Earlier today, a local police chief told BBC that there were still 700 metric tons aboard the ship.
The oil spill has already killed marine animals and turned the turquoise water black. It's also threatening the long-term viability of the country's coral reefs, lagoons and shoreline, NBC News reported.
"We are starting to see dead fish. We are starting to see animals like crabs covered in oil, we are starting to see seabirds covered in oil, including some which could not be rescued," said Vikash Tatayah, conservation director at Mauritius Wildlife Foundation, according to The Weather Channel.
While the Mauritian authorities have asked residents to leave the clean-up to officials, locals have organized to help.
"People have realized that they need to take things into their hands. We are here to protect our fauna and flora," environmental activist Ashok Subron said in an AFP story.
Reuters reported that sugar cane leaves, plastic bottles and human hair donated by locals are being sewn into makeshift booms.
Human hair absorbs oil, but not water, so scientists have long suggested it as a material to contain oil spills, Gizmodo reported. Mauritians are currently collecting as much human hair as possible to contribute to the booms, which consist of tubes and nets that float on the water to trap the oil.
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By Elizabeth Claire Alberts
There are trillions of microplastics in the ocean — they bob on the surface, float through the water column, and accumulate in clusters on the seafloor. With plastic being so ubiquitous, it's inevitable that marine organisms, such as sharks, will ingest them.
Polyproylene fibers found in one of the sampled sharks. Kristian Parton
Spiny dogfish. NOAA / Wikimedia Commons<p>"There appear to be two routes for these particles to end up in the sharks," Parton said. "The first through their food source [such as] crustaceans. Their prey may already contain these fibers, and consequently it's passed to the shark through bioaccumulation up the food chain. The second pathway is direct ingestion from the sediment. As these sharks feed, they'll often suck up sediment into their mouths, some of this is expelled straight away, although some is swallowed, therefore fibers and particles that may have sunk down into the seabed may be directly ingested from the surrounding sediment as these sharks feed."</p><p>Some sharks only contained a few plastic particles, but others contained dozens. The larger the shark, the more plastic was in it, the findings suggested. The highest number of microplastics was found in an individual bull huss, which had 154 polypropylene fibers inside its stomach and intestines.</p><p>"It's perhaps likely this individual shark had swallowed a larger piece of fishing rope/netting and this has broken down during digestive processes within the shark, and also broken down into smaller pieces during our analysis," Parton said.</p>
Lesser-spotted dogfish caught as bycatch. Kristian Parton<p>While this study only examined the stomach and digestive tracts of demersal sharks, Parton says it's possible that plastic would be present in other parts of the sharks' bodies, such as the liver and muscle tissue. However, more research would be needed to prove this.</p><p>At the moment, there is also limited understanding of how microplastic ingestion would impact a shark's health, although microplastics are known to negatively influence feeding behavior, development, reproduction and life span of zooplankton and crustaceans.</p><p>"If we can show that these fibers contain inorganic pollutants attached to them, then that could have real consequences for these shark species at a cellular level, impacting various internal body systems," Parton said.</p>
Parton in the lab. Kristian Parton<p>This new study demonstrates how pervasive and destructive plastic pollution can be in the marine environment, according to Will McCallum, head of oceans for Greenpeace U.K.</p><p>"Our addiction to plastics combined with the lack of mechanisms to protect our oceans is suffocating marine life," McCallum said in a statement. "Sharks sit on top of the marine food web and play a vital role in ocean ecosystems. Yet, they are completely exposed to pollutants and other human impactful activities. We need to stop producing so much plastic and create a network of ocean sanctuaries to give wildlife space to recover. The ocean is not our dump, marine life deserves better than plastic."</p>
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By Loveday Wright and Stuart Braun
After a Japanese-owned oil tanker struck a reef off Mauritius on July 25, a prolonged period of inaction is threatening to become an ecological disaster.
<div id="bb0a7" class="rm-shortcode" data-rm-shortcode-id="e5aefc0fff61ab1aea2f4b03c5399864"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1291765757013983238" data-partner="rebelmouse"><div style="margin:1em 0">The #oilspill is devastating but I want to honour the community mobilisation at the Mahebourg waterfront today (to… https://t.co/UWFkZFdjdi</div> — Fabiola Monty (@Fabiola Monty)<a href="https://twitter.com/LFabiolaMonty/statuses/1291765757013983238">1596815930.0</a></blockquote></div><p>"Booms are made of nylon mesh filled with #sugarcane straws all hand-stitched by Mauritian volunteers, empty plastic bottles used as buoys," described Mauritian journalist Zeenat Hansrod in a tweet. </p>
How to Tackle Oil Spills<p>The method for tackling oil spills depends on several factors, including the type and amount of oil in question, location and weather conditions.</p><p>"Once the oil comes to shore, the more intensive the cleaning technique. You can risk causing further damage," said Nicky Cariglia, an independent consultant at Marittima, who specializes in marine pollution. </p><p>"If you wanted to remove all traces of oil, the techniques available become increasingly aggressive the less oil that remains. In mangroves, you would have the added risk of causing damage by trampling," Cariglia told DW. Highly sensitive mangrove ecosystems line the Mauritius east coast that is threatened by the current spill.</p><p>Because oil normally has a lower density than water, it floats on the surface of the ocean. This means that for clean-up action to be most effective, it should happen very quickly after a spill, before the oil disperses. </p>
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