The Environmental Legacy of Ruth Bader Ginsburg
The passing of U.S. Supreme Court Justice Ruth Bader Ginsburg means the nation's highest court has lost a staunch advocate for women's rights and civil rights. Ginsburg was a tireless worker, who continued to serve on the bench through multiple bouts of cancer. She also leaves behind a complicated environmental legacy, as Environment and Energy News (E&E News) reported.
While it was often assumed that Ginsburg would decide in favor of environmental advocates in cases argued before the Supreme Court, the truth is that she often decided based on the nuances of the law rather than the decision that was best for the planet, according to E&E News.
She sided with the majority in the 5-4 decision of Massachusetts v. EPA. That case, argued before the court in 2006 and decided in 2007, found that the Clean Air Act gave the U.S. Environmental Protection Agency (EPA) the authority to regulate greenhouse gases that are spewed from the tailpipes of cars, according to POLITICO.
That decision was instrumental in the Obama administration raising the tailpipe emissions standard to make new cars 5 percent more efficient annually until 2026. That rule was then rolled back by the Trump administration to make them just 1.5 percent more efficient, according to Reuters.
And yet, Ginsburg also wrote the opinion of the court in the 2011 decision of American Electric Power Company v. Connecticut. That decision stripped the authority of the states and private companies to sue power companies for their contribution to the climate crisis in federal court under a public nuisance law, as E&E news reported.
Ginsburg, in that decision, emphasized the EPA's authority to regulate greenhouse gases, as POLITICO reported. That authority paved the way for the Obama administration to issue new rules for power plants that drastically reduced how much pollution they could spew into the air and waterways.
The decision, which on its face seemed to limit the rights of people and states to hold polluters accountable for their actions, actually empowered state attorneys general to sue in state court. This authority has been upheld, despite repeated attempts by the fossil fuel industry to move the cases to the federal courts, according to POLITICO.
Ginsburg did look to expand the authority of regulatory agencies to rein in polluters. She joined the dissent in two notable cases, Solid Waste Agency of Northern Cook County v. Army Corps of Engineers and Rapanos v. United States, both of which would have expanded the definition of the Clean Water Act, according to E&E News.
In 2014, Ginsburg wrote the majority opinion in a case that allowed the EPA to regulate coal plants where their emissions blew across state lines and affected the air quality of states that were downwind, according to The Washington Post. That case is credited with putting an end to some of the country's filthiest power plants, according to POLITICO.
Gina McCarthy, the EPA administrator under Obama and now the president and CEO of the National Resources Defense Council, said in 2014 that the decision was "a resounding victory for public health and a key component" of the agency's attempts to "make sure all Americans have clean air to breathe," as The Washington Post reported.
In an NRDC statement on Friday, McCarthy praised Ginsburg's life work. "From her pathbreaking advocacy for gender equality to her relentless defense of democracy itself, Justice Ginsburg widened our vision of who we are, enlarged in law the values we share and raised, forever, the possibility of what we might become."
Other environmental advocates issued statements praising the late justice as well.
"Justice Ginsburg was a pioneer for gender equality, civil rights, and the right of citizens to sue to protect their environment. The legal community lost a champion for the underdog and the nation as a whole," said Trent Dougherty, general counsel for the Ohio Environmental Council, in a statement.
Michael Brune, Sierra Club executive director said in a statement, "As we mourn the loss of Justice Ginsburg, we should reflect on her words that 'Real change, enduring change, happens one step at a time. Those of us who strive to make change for good in this world — whether it be fighting for racial justice, reproductive rights, or for a livable future — must continue the fight in her honor."
- Supreme Court Rules in Favor of Cross-State Air Pollution Rule ... ›
- Supreme Court Upholds Virginia's Ban on Uranium Mining - EcoWatch ›
- In Major Win for Indigenous Rights, Supreme Court Rules Much of ... ›
To save the planet, we must save the Amazon rainforest. To save the rainforest, we must save its indigenous peoples. And to do that, we must demarcate their land.
A new EarthxTV film special calls for the protection of the Amazon rainforest and the indigenous people that call it home. EarthxTV.org
- Meet the 'Women Warriors' Protecting the Amazon Forest - EcoWatch ›
- Indigenous Tribes Are Using Drones to Protect the Amazon ... ›
- Amazon Rainforest Will Collapse by 2064, New Study Predicts ... ›
- Deforestation in Amazon Skyrockets to 12-Year High Under Bolsonaro ›
- Amazon Rainforest on the Brink of Turning Into a Net Carbon Emitter ... ›
EcoWatch Daily Newsletter
By Anke Rasper
"Today's interim report from the UNFCCC is a red alert for our planet," said UN Secretary General Antonio Guterres.
The report, released Friday, looks at the national climate efforts of 75 states that have already submitted their updated "nationally determined contributions," or NDCs. The countries included in the report are responsible for about 30% of the world's global greenhouse gas emissions.
- World Leaders Fall Short of Meeting Paris Agreement Goal - EcoWatch ›
- UN Climate Change Conference COP26 Delayed to November ... ›
- 5 Years After Paris: How Countries' Climate Policies Match up to ... ›
- Biden Win Puts World 'Within Striking Distance' of 1.5 C Paris Goal ... ›
- Biden Reaffirms Commitment to Rejoining Paris Agreement ... ›
India's New Delhi has been called the "world air pollution capital" for its high concentrations of particulate matter that make it harder for its residents to breathe and see. But one thing has puzzled scientists, according to The Guardian. Why does New Delhi see more blinding smogs than other polluted Asian cities, such as Beijing?
- This Indian Startup Turns Polluted Air Into Climate-Friendly Tiles ... ›
- How to Win the Fight Against Plastic - EcoWatch ›
In a historic move, the Delaware River Basin Commission (DRBC) voted Thursday to ban hydraulic fracking in the region. The ban was supported by all four basin states — New Jersey, Delaware, Pennsylvania and New York — putting a permanent end to hydraulic fracking for natural gas along the 13,539-square-mile basin, The Philadelphia Inquirer reported.
- Appalachian Fracking Boom Was a Jobs Bust, Finds New Report ... ›
- Long-Awaited EPA Study Says Fracking Pollutes Drinking Water ... ›
- Pennsylvania Fracking Water Contamination Much Higher Than ... ›
Colombia is one of the world's largest producers of coffee, and yet also one of the most economically disadvantaged. According to research by the national statistic center DANE, 35% of the population in Columbia lives in monetary poverty, compared to an estimated 11% in the U.S., according to census data. This has led to a housing insecurity issue throughout the country, one which construction company Woodpecker is working hard to solve.
- Kenyan Engineer Recycles Plastic Into Bricks Stronger Than ... ›
- Could IKEA's New Tiny House Help Fight the Climate Crisis ... ›