Alex Wong / Getty Images
By Patrice Simms and Brielle Green
The confirmation process for Justice Brett Kavanaugh was painful for many of us. Earthjustice stood staunchly against his nomination—both because of the jurist we know Justice Kavanaugh to be, and because we believe Dr. Christine Blasey Ford. Despite having every opportunity to get it right, our lawmakers once again failed all of us by charting a course that was deeply disrespectful to survivors of sexual assault and offensive to our bedrock principles of equity and justice.
<p>While Kavanaugh's confirmation has raised concerns about the impartiality of the judicial branch, we believe the courts remain a place for those left behind by the political system to seek justice. And Earthjustice has a plan to keep them that way.</p><p>First, the laws and statutes protecting our communities, our public health, and our planet remain robust. Earthjustice has nearly 50 years of experience navigating and pushing forward those laws to save lives, reduce pollution and preserve our most irreplaceable natural wonders. Those laws don't simply disappear because Brett Kavanaugh got confirmed. In fact, the clear mandates in those laws provide a powerful tool that is more important than ever to push back against polluters and their cronies.</p><p>Second, the legal landscape for key environmental fights extends far beyond just the Supreme Court. In fact, the vast majority of cases we work on are ultimately decided by lower courts. Earthjustice has filed more than 110 lawsuits against the Trump administration's efforts to gut environmental safeguards, and we are winning many of those fights long before they ever reach the Supreme Court.</p><p>Third, while the Trump administration's efforts to fill federal courts at all levels with polluter-friendly judges are deeply worrying, those judges are still beholden to the laws and precedents already on the books. They cannot simply ignore the statutes that Congress has adopted. Earthjustice will continue to hold the government and corporations accountable for following those laws.</p><p>And finally, Earthjustice will continue to fight in the courts because it's what we do. It's who we are. And it's what is right.</p>
<p class="shortcode-media shortcode-media-rebelmouse-image">
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8xODcyNDg1NS9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYxODEwNTQ2OH0.lU0-Btlii4Xwi7Jp8BXe7XcI7vbwpd2G6KD-E9ldY3Q/img.jpg?width=980" id="d8342" class="rm-shortcode" data-rm-shortcode-id="58cd4124dac33a841dce72853c88deef" data-rm-shortcode-name="rebelmouse-image">
<small class="image-media media-caption" placeholder="add caption...">Earthjustice attorney Deborah Goldberg at work in an Albany courtroom.</small>
<small class="image-media media-photo-credit" placeholder="add photo credit..."> Chris Jordan-Bloch / Earthjustice</small></p>
<p>This is a profoundly difficult time for those of us fighting for justice, but we cannot give into despair or throw our hands up at the obstacles ahead of us. We must continue protecting not only the health of our planet and its people, but the health of our democracy and our justice system. Earthjustice will remain on the front lines of these fights—in the courtroom, in communities and in the halls of Congress. I hope you will continue to stand alongside us.<br></p>
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EcoWatch Daily Newsletter
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.
<p>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.</p><p>But in one of those <a href="https://www.cadc.uscourts.gov/internet/opinions.nsf/ACAE17D2A8131EDF85257CBE004DD976/%24file/10-1371-1488926.pdf" target="_blank">cases</a>, Kavanaugh actually ruled in favor of weakening air quality rules for cement plants. In <a href="https://www.cadc.uscourts.gov/internet/opinions.nsf/79B9F1D1DC6DCD9585257CD3004EC5EB/%24file/13-1069-1492213.pdf" target="_blank">another</a>, 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 <a href="https://www.cadc.uscourts.gov/internet/opinions.nsf/60CD71B7AF215A8B85257C98004D98AF/%24file/12-1166.pdf" target="_blank">case</a>, Kavanaugh's concurring opinion laid the groundwork for challenges of EPA regulations by polluting industries.</p><p>What's more important are the cases he failed to mention. The fact is that in <a href="https://earthjustice.org/sites/default/files/files/Summary%20table%20of%20Judge%20Kavanaugh%27s%2026%20EPA%20opinions%20hyperlinks.pdf" target="_blank">16 of 18 cases</a>, Kavanaugh has ruled in favor of more air and water pollution, and in <a href="https://www.huffingtonpost.com/entry/kavanaugh-endangered-species_us_5b7f15f8e4b0729515114437" target="_blank">17 of 18 cases</a>, he has ruled to weaken protection for endangered species.</p><p>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 <a href="https://www.ewg.org/news-and-analysis/2018/09/brett-kavanaugh-good-news-polluters-bad-news-public-health#.W5BCwS2ZNTY" target="_blank">really bad news</a> for the rest of us.</p><p>Kavanaugh has <a href="https://www.afj.org/wp-content/uploads/2018/06/Coalition-for-Responsible-Regulation_-Inc.-v.-EPA_-2012.pdf" target="_blank">ruled</a> that the EPA lacks the authority to regulate greenhouse gases. He ruled against regulating <a href="https://www.leagle.com/decision/infco20120821272" target="_blank">cross-state air pollution</a>. He ruled in favor of <a href="https://scholar.google.com/scholar_case?case=18109074323810897431&q=mingo+logan+coal&hl=en&as_sdt=6,50" target="_blank">dumping coal waste</a> and <a href="https://www.courtlistener.com/opinion/152446/howmet-corp-v-epa/" target="_blank">dumping hazardous waste</a>. He ruled that it's okay for <a href="https://www.courtlistener.com/opinion/186989/association-of-irritated-residents-v-epa/" target="_blank">factory farms</a> to foul the air of their neighbors.</p><p>When the Trump administration sought to delay rules designed to reduce climate-changing emissions of methane, Kavanaugh <a href="http://blogs2.law.columbia.edu/climate-change-litigation/wp-content/uploads/sites/16/case-documents/2017/20170731_docket-17-1145_order.pdf" target="_blank">sided</a> with polluters. When the EPA sought to replace fluorinated chemicals known as HFCs to reduce greenhouse gas emissions, he <a href="https://scholar.google.com/scholar_case?case=8064299997792202223&q=Mexichem&hl=en&as_sdt=6,50" target="_blank">complained</a> that the proposed rule pulled the rug out from under polluters—even though replacement chemicals are <a href="https://www.nrdc.org/experts/lissa-lynch/hfc-phasedown-good-climate-and-good-business" target="_blank">readily available</a>. Kavanaugh also <a href="https://scholar.google.com/scholar_case?case=13950613554712833197" target="_blank">supported</a> giving large plants and factories more time to comply with greenhouse gas rules.</p><p>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 <a href="https://scholar.google.com/scholar_case?case=12809509887889779783&q=748+F.3d+1222&hl=en&as_sdt=4,130" target="_blank">argued</a> that the EPA was obligated to consider the costs of regulatory compliance to polluters.</p><p>Likewise, when the EPA proposed to apportion cross-state pollution, Kavanaugh <a href="https://scholar.google.com/scholar_case?case=17833444888230748743&q=696+F.3d+7&hl=en&as_sdt=4,130" target="_blank">sided</a> with industry by advocating for the regulation that is least costly to industry, not most protective of public health.</p><p>In another <a href="https://scholar.google.com/scholar_case?case=18109074323810897431&q=mingo+logan+coal&hl=en&as_sdt=6,50" target="_blank">case</a>, 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 <a href="https://www.afj.org/wp-content/uploads/2018/06/White-Stallion-Energy-Ctr._-LLC-v.-EPA_-748-F.3d-1222.pdf" target="_blank">case</a>, Kavanaugh sought to underestimate the public health benefits of reducing mercury pollution by discounting other benefits, like reducing particulate matter.</p>
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Like many other plant-based foods and products, CBD oil is one dietary supplement where "organic" labels are very important to consumers. However, there are little to no regulations within the hemp industry when it comes to deeming a product as organic, which makes it increasingly difficult for shoppers to find the best CBD oil products available on the market.
<p>Here you can learn about the importance of organic hemp oil, why it's better for the environment, and which CBD companies actually make trustworthy products with sustainable farming processes. origins which weigh heavily on many consumers who want to buy a product that's produced in the best way possible for not only themselves to ingest, but for the environment as well through sustainable farming methods. </p><h2>What Is CBD Oil?</h2><p>First things first, CBD stands for cannabidiol, and it's a cannabinoid found within cannabis sativa plants. This plant compound is believed to have many potential benefits, and it is primarily derived from hemp plants via a CO2 extraction process. </p><p>Since CBD is extracted from industrial hemp, which contains only trace amounts of THC (the psychoactive component in cannabis plants), this means that CBD won't make you feel high like marijuana, which has much higher levels of THC that causes psychoactive effects. Instead, the effects of CBD are much more subtle and promote a general sense of calm and relaxation in most users.</p><h2>What Makes a CBD Oil Organic?</h2><p>In terms of organic labels, perhaps the most important (and prominent) certification comes from the United States Department of Agriculture (USDA). This government organization has been labeling foods as "organic" for many years, but what exactly does this certification entail? Essentially, a label indicating that a product is "USDA Organic" or "Certified Organic" means that at least 95% of the ingredients are obtained from organic sources.</p><p>For a crop to be considered organic by the USDA, it must be grown without the use of industrial solvents, irradiation, genetic engineering (GMOs), synthetic pesticides, or chemical fertilizer. Instead, farmers rely on natural substances and <a href="https://www.usda.gov/media/blog/2012/03/22/organic-101-what-usda-organic-label-means" rel="noopener noreferrer" target="_blank">mechanical, physical, or biologically based farming</a> techniques to cultivate healthy and organic crops.</p><p>Before the passage of the 2018 Farm Bill, no hemp-derived products could be dubbed as "certified organic" since the hemp plant and its extracts were still categorized as a Schedule I Controlled Substance. However, it's still difficult for CBD companies to obtain a USDA certified organic label for their products due to the legal grey area that still surrounds CBD extracts. </p><p>Because of these challenges, and due to the fact that industrial hemp has only recently become an agricultural crop, very few CBD oils are USDA certified organic. Rather, many CBD products contain hemp extracts from plants that were grown in organic conditions but may not be federally certified.</p><h2>What are the Best Organic CBD Oil Brands?</h2><p><em>Each product featured here has been independently selected by the writer. If you make a purchase using the links included, we may earn commission.</em></p><em><br></em>
<h2>Why Organic Hemp Oil Matters</h2><p>Hemp is a unique plant, not only for its rich cannabinoid content, but also for its ability to absorb a wide variety of components in soil. But this trait poses great risks when it comes to the creation of CBD products derived from hemp.</p><p>Because hemp has a high capacity for compound uptake, this means that the plants can retain <a href="https://www.remedyreview.com/industry/lab-test-results/" target="_blank">harmful chemicals like pesticides</a>, heavy metals, and other residual solvents. This is especially true when it comes to synthetic chemicals that are more toxic to humans, and difficult to remove once they have been absorbed by the hemp plant.</p><p>Organic farming practices help reduce the risk of hemp crops absorbing harsh chemicals that may later end up in CBD oil after extraction. When you're taking CBD as a wellness supplement to help alleviate your symptoms or improve your overall well-being, the last thing you want is to ingest compounds that might negatively outweigh the benefits of CBD. This is an important reason to look for third party lab test results when shopping for CBD products since these certificates of analysis can show the full cannabinoid and terpene profile of a hemp extract, as well as test results that search for the presence of any residual solvents.</p><p>In addition to creating a better end product, organic farming practices are also better for the environment. Sustainable and organic farming methods may <a href="https://www.helpguide.org/articles/healthy-eating/organic-foods.htm" rel="noopener noreferrer" target="_blank">reduce pollution, conserve water, reduce soil erosion, increase soil fertility, and use less energy</a>. The use of natural pest deterrents as opposed to chemical pesticides is also better for nearby animal populations and ecosystems.</p><h3>Organic vs. Natural</h3><p>While there are only a select few companies offering certified organic ingredients in their products, almost every brand in the CBD market creates "natural" products. The term "all-natural" or "plant-based" does not mean that a product is organic, and since hemp oil is a natural derivative of hemp plants, these products are often referred to as all-natural. However, there are some synthetic CBD oils that should be avoided because they are chemically constructed and may produce unwanted side effects that are not caused by naturally derived CBD extracts.</p><h2>What are the Benefits of Organic CBD Oil?</h2><p>There's a long list of potential CBD oil health benefits, and some of the most common wellness advantages include:</p><ul class="ee-ul"><li><a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2503660/" target="_blank">Chronic pain relief</a></li><li><a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4604171/" target="_blank">Anti-anxiety effects</a></li><li>Better sleep</li><li><a href="https://www.psychologytoday.com/us/blog/inner-source/201901/cbd-oil-mental-health-should-you-take-it-too" rel="noopener noreferrer" target="_blank">Improvements in mood</a></li><li>Internal balance and regulation</li></ul><p>When dealing with pain, inflammation, sleep issues, and mental health struggles, it can be hard to find sufficient treatment options. The use of certain prescriptions can cause unwanted side effects, yet they are often the only solution for patients with these medical conditions. In search of other therapies, people have started to flock towards CBD oil as an alternative remedy for a variety of conditions. However, it should be noted that CBD products are not approved by the Food and Drug Administration (FDA), and you should seek your doctor's advice before using CBD if you have a serious medical condition.</p><h2>Look at the Labels Before You Buy CBD Oil</h2><p>When you go online to buy CBD oil, you'll quickly realize there is an overwhelming number of brands that are saturating the market. It can be difficult to determine which products are truly as good as they make themselves out to be. Always look for up-to-date third-party lab tests so you know you are getting a great product, and don't hesitate to contact the brand if you have any additional questions. And if you're intent on purchasing 100% organic CBD oil, it's best to look for certified products or brands that are held to strict regulatory standards.</p><p><strong>Melena Gurganus </strong>is the Reviews Editor at EcoWatch. She is passionate health and wellness and her writing aims to help others find products they can trust. Her work has been featured in publications such as Health, Shape, Huffington Post, Cannabis Business Times, and Bustle.<br></p>
Spruce
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDY4NjI3OC9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYyOTM2NzgzOX0.axY0HjeqRctJsR_KmDLctzDpUBLBN-oNIdqaXDb4caQ/img.jpg?width=980" id="774be" class="rm-shortcode" data-rm-shortcode-id="8379f35b1ca8a86d0e61b7d4bfc8b46e" data-rm-shortcode-name="rebelmouse-image" alt="spruce organic cbd oil" data-width="710" data-height="959" /><p>As one of the best brands in the business, Spruce CBD is well-known for its potent CBD oils that feature many additional beneficial phytocannabinoids. This brand works with two family-owned, sustainably focused farms in the USA (one located in Kentucky and one in North Carolina) to create its organic, small product batches. The max potency Spruce CBD oil contains 2400mg of full-spectrum CBD extract, but the brand also offers a lower strength tincture with 750mg of CBD in total.</p>
$89
CBDistillery
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDcwMjkzNC9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYyMTU4OTM4Nn0.ypRdeDSBcE87slYrFfVrRwtJ2qGIK6FD5jBB4pndTMo/img.jpg?width=980" id="b473b" class="rm-shortcode" data-rm-shortcode-id="9930b53c9d58cb49774640a61c3e3e75" data-rm-shortcode-name="rebelmouse-image" alt="cbdistillery cbd oil" data-width="1244" data-height="1244" /><p>All of the products from CBDistillery are <a href="https://ushempauthority.org/" target="_blank" rel="noopener noreferrer">U.S. Hemp Authority Certified</a>, and for good reason. The company only uses non-GMO and pesticide-free industrial hemp that's grown organically on Colorado farms. Its hemp oils are some of the most affordable CBD products on the market, yet they still maintain a high standard of quality. CBDistillery has a wide variety of CBD potencies across its product line (ranging from 500mg to 5000mg per bottle) and offers both full-spectrum and broad-spectrum CBD oils to give customers a completely thc-free option.</p>
$35
FAB CBD
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDY4NjIyNS9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY2NDIwOTEyMn0.MlTjz096FJ0ev_-soK7_Z-FeQeJczWoeh9Qi9SSkHsY/img.jpg?width=980" id="04b26" class="rm-shortcode" data-rm-shortcode-id="76aa4862f44603242e318982acea6646" data-rm-shortcode-name="rebelmouse-image" alt="fab cbd oil" data-width="800" data-height="800" /><p>For an organic CBD oil that has it all, FAB CBD offers plenty of variety for any type of consumer. All of its products are made with zero pesticides and extracted from organically grown Colorado industrial hemp. FAB CBD oil comes in five all-natural flavors (mint, vanilla, berry, citrus, and natural) and is also available in four strengths (300, 600, 1200, and 2400mg per bottle).</p>
$39
NuLeaf Naturals
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDY4NjIxOS9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY1NzExNTgyMX0.D6qMGYllKTsVhEkQ-L_GzpDHVu60a-tJKcio7M1Ssmc/img.jpg?width=980" id="94e4a" class="rm-shortcode" data-rm-shortcode-id="3609a52479675730893a45a82a03c71d" data-rm-shortcode-name="rebelmouse-image" alt="nuleaf naturals organic cbd oil" data-width="600" data-height="600" /><p>As an industry-leading brand, it comes as no surprise that NuLeaf Naturals sources its CBD extract from organic hemp plants grown on licensed farms in Colorado. The comany's CBD oils only contain two ingredients: USDA certified organic hemp seed oil and full spectrum hemp extract.</p><p>NuLeaf Naturals uses one proprietary CBD oil formula for all of its products, so you will get the same CBD potency in each tincture (60mg per mL), but can purchase different bottle sizes depending on how much you intend to use.</p>
$38.50
Charlotte's Web
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDcwMjk3NS9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY0MzQ0NjM4N30.SaQ85SK10-MWjN3PwHo2RqpiUBdjhD0IRnHKTqKaU7Q/img.jpg?width=980" id="84700" class="rm-shortcode" data-rm-shortcode-id="a2174067dcc0c4094be25b3472ce08c8" data-rm-shortcode-name="rebelmouse-image" alt="charlottes web cbd oil" data-width="1244" data-height="1244" /><p>Perhaps one of the most well-known brands in the CBD landscape, Charlotte's Web has been growing sustainable hemp plants for several years. The company is currently in the process of achieving official USDA Organic Certification, but it already practices organic and sustainable cultivation techniques to enhance the overall health of the soil and the hemp plants themselves, which creates some of the highest quality CBD extracts. Charlotte's Web offers CBD oils in a range of different concentration options, and some even come in a few flavor options such as chocolate mint, orange blossom, and lemon twist.</p>
$60
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At his nomination on July 9, Brett Kavanaugh claimed, "No president has ever consulted more widely, or talked with more people from more backgrounds, to seek input about a Supreme Court nomination." Official White House photo by D. Myles Cullen
When President Donald Trump announced Brett Kavanaugh as his pick to replace retiring Supreme Court Justice Anthony Kennedy on Monday, he picked the potential justice with the most environmental law experience of his final four frontrunners, E&E reported.
<p>The announcement sent environmentalists and legal experts scouring through his more than 300 rulings on the D.C. Circuit Court to reveal a contradictory picture: Kavanaugh accepts the science behind <a href="http://www.ecowatch.com/tag/climate-change" target="_self">climate change</a>, but has ruled against the Environmental Protection Agency's (<a href="http://www.ecowatch.com/tag/epa" target="_self">EPA</a>) attempts to do anything about it. </p><p>"Judge Kavanaugh isn't anti-environmental, but he tends to be anti-agency," Michael Gerrard told <a href="https://insideclimatenews.org/news/10072018/brett-kavanaugh-supreme-court-trump-nominee-climate-change-policy-environmental-law" target="_blank">Inside Climate News</a>. Gerrard is the director of the <a href="http://columbiaclimatelaw.com/" target="_blank">Sabin Center for Climate Change Law</a> at Columbia University. "He's often struck down regulation that he didn't think Congress had authorized explicitly enough." </p><p>In a 2012 case, for example, he dissented from a majority ruling upholding Obama-era attempts to limit greenhouse gas emissions, arguing Congress had not empowered the EPA to do so.</p><p>"The task of dealing with global warming is urgent and important," he wrote, according to <a href="https://www.nytimes.com/2018/07/10/climate/kavanaugh-environment-supreme-court.html" target="_blank">The New York Times</a>. But, despite that, he ruled the "EPA went well beyond what Congress authorized." </p><p>Kavanaugh's past rulings are particularly important because, if confirmed, he could have a major impact on the Supreme Court's environmental decisions. This is because Kennedy was a <a href="https://www.ecowatch.com/kennedy-supreme-court-environmental-laws-2582036709.html" target="_self">key swing vote</a> on the issue. </p><p>In <em>Massachusetts v. EPA</em>, Kennedy broke a tie in ruling that the EPA could regulate greenhouse gases under the Clean Air Act, even though the act does not mention them explicitly, since it was written in the 1970s, before climate change was a major concern.</p><p>Kavanaugh's strict adherence to the letter of Congressional laws suggests to legal scholars he would have ruled differently. </p><p>"I think he would have decided against <em>Massachusetts v. EPA,</em>" University of California Los Angeles environmental law professor Ann Carlson told <a href="https://www.theatlantic.com/science/archive/2018/07/what-would-kavanaugh-mean-for-the-environment/564830/" target="_blank">The Atlantic</a>. "Everything points to the direction of a very narrow construction of the Clean Air Act, and that will seriously limit the EPA's authority to regulate greenhouse gases in a way that makes a meaningful difference." </p><p>Kavanaugh decided against the EPA in three major cases involving the Clean Air Act during the Obama years, The Atlantic reported.</p><p>In one, <em>E.M.E. Homer City Generation v. Environmental Protection Agency</em>, he struck down the EPA's ability to regulate <a href="http://www.ecowatch.com/tag/air-pollution" target="_self">air pollution</a> that passed from one state to another. The Supreme Court later overturned that decision, in a ruling Kennedy supported, according to The New York Times.</p><p>Kavanaugh has ruled in favor of environmental actions in some instances, however. In 2013, he ruled that it was legal for the EPA to revoke a mountaintop-removing mining permit in West Virginia, though he ruled against the EPA in a different legal argument involving the same case, according to The Atlantic. </p><p>In 2014, he also decided in favor of the <a href="https://www.nrdc.org/" target="_blank">Natural Resources Defense Council</a> in a case challenging pro-industry policies for emissions from cement kilns, The New York Times reported. </p><p>Harvard law professor Richard J. Lazarus told The New York Times that Kavanaugh was not hostile to environmental laws per se, but that his approach might harm the environment as long as the legislative branch declines to pass new ones. </p><p>"Congress stopped making clean air laws after 1990, so the EPA has to work with increasingly tenuous statutory language. In effect, his approach to environmental law would make it harder to address current problems so long as Congress remains out of the lawmaking business," Lazarus said. </p><p>However, Kavanaugh's approach could also stymie the Trump EPA's attempts to deregulate independent of Congress. </p><p>"If he faces some <a href="http://www.ecowatch.com/tag/scott-pruitt" target="_blank">Scott Pruitt</a>-era rule that was kind of done quick and dirty, I don't think the administration should expect him to rubber-stamp it," Case Western Reserve University law professor Jonathan Adler told The Atlantic. "He doesn't grade federal agencies on a curve."</p>
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The Supreme Court of the United States on Monday morning July 09, 2018. Matt McClain / The Washington Post via Getty Images
By Courtney Hight
Donald Trump announced that he will be nominating another extremist judge to the Supreme Court—Brett Kavanaugh. If the Senate lets Trump successfully install Kavanaugh to fill this seat, the Court will rubber stamp Trump's agenda for decades to come—no longer functioning as a check against his abuses of power and attacks on women's rights and bedrock clean air and clean water laws, which is needed now more than ever.
<p>As members for life of the highest court in the country, Supreme Court justices have the solemn responsibility to be fair, even-handed, and uphold the sanctity of our laws and the values of our Constitution, and to keep faith with the letter and spirit of the nation's core public health, environmental, civil rights, and labor laws.</p><p>The Supreme Court must protect the rights of women, workers, the LGBTQ community, immigrants, people of color and other vulnerable communities. The Court must protect access to healthcare for millions, secure clean air and clean water for all, ensure legally-mandated action to tackle the <a href="http://www.ecowatch.com/tag/climate-change">climate</a> crisis, uphold the right to vote, and safeguard the very strength of our democracy. All of those things could be threatened if a justice is confirmed who sides with the rich and powerful over the people.</p><p>Hand-picked by the Heritage Foundation and Federalist Society, Brett Kavanaugh is not a moderate pick nor will he challenge Trump—he is exactly the type of judicial extremist Trump wants to help him roll back our progress, gut Roe v. Wade, strip individuals of their voting rights, attack equality under the law, gut our environmental laws and repeal affordable healthcare.</p><p>While on the DC Circuit Court, Kavanaugh routinely sided with polluters, criticized the Clean Power Plan, argued against aspects of the mercury rule, and attempted to strike down the EPA's Cross-State Air Pollution Rule.</p><p>But we aren't going to stand by while Trump tries to turn back the clock on our rights. We've proven that our resistance is sustainable, and we will continue to fight back. Together, we will continue to rise up with our allies across the country to ensure that our courts remain fair and uphold democracy. And there are lots of things you can do right now to respond to Trump and keep up the #resistance. Here are just six:</p><p><strong>1. Call your U.S. Senators</strong>. Urge them to stop Trump's nominee in their tracks. Call them at 218-209-4082.</p><p><strong>2. Tweet and post on Facebook</strong>. We all know Trump loves to tweet. Let's make sure he hears our resistance by using the hashtags #SaveSCOTUS and #StopKavanaugh. Same with Facebook. Let's get #SaveSCOTUS and #StopKavanaugh trending so Trump and his advisors know just how big a mistake they're making.</p><p><strong>3. Find a #saveSCOTUS event near you</strong>. Dozens of organizations are coming together for a Supreme Court week of action this week. We'll be heading to the home state offices of our Senators to make sure our voices are heard. Find an event near you or create your own: <a href="https://savescotus.indivisible.org/sierraclub/" target="_blank">https://savescotus.indivisible.org/sierraclub/</a></p><p><strong>4. Join the #Resist Summer Challenge</strong>. It may be summertime, but our movement to Resist Trump will not take a vacation. As we face increasing attacks on our people and our environment from this administration, we must recommit ourselves to resisting Trump and everything he stands for. Join us at <a href="http://sc.org/ResistSummerChallenge" target="_blank">sc.org/ResistSummerChallenge</a>.</p><p><strong>5. Help us fight back against the Trump administration</strong>. We're fighting back to stop the efforts of Trump and his nominees to derail everything we've achieved. Your support will help the Sierra Club protect <a href="http://www.ecowatch.com/tag/wildlife">wildlife</a>, wild places and fragile ecosystems, reduce dependence on <a href="https://www.ecowatch.com/tag/fossil-fuels">fossil fuels</a>, and build a <a href="http://www.ecowatch.com/renewable-energy/">clean energy</a> future. Raise your voice with us. <a href="https://act.sierraclub.org/donate/rc_connect__campaign_designform?id=7010Z000002AzxiQAC&formcampaignid=701310000008mUjAAI&utm_medium=blog&utm_source=sierraclub&utm_campaign=giving&ddi=N18GOTF201" target="_blank">Donate today so we can continue to resist</a>.</p><p><strong>6. Add your name and commit to fighting for nominees who uphold the Constitution. </strong>Keep faith with the letter and spirit of the nation's core laws, and support justice for all Americans. Together with you, the Sierra Club is committed to rising up with our allies across the country to ensure that our courts remain fair and uphold democracy. <a href="https://act.sierraclub.org/actions/National?actionId=AR0118862&id=7010Z000001OjWTQA0" target="_blank">Join us here.</a></p>
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</p><div id="d2d9a" class="rm-shortcode" data-rm-shortcode-id="UQBV0U1576662854"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1012317415546507265" data-partner="rebelmouse"><div style="margin:1em 0">The Environmental Consequences of Justice Kennedy’s Retirement https://t.co/rJ5qBr0ttz</div> — EcoWatch (@EcoWatch)<a href="https://twitter.com/EcoWatch/statuses/1012317415546507265">1530190254.0</a></blockquote></div>
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<p><em>Courtney Hight is the director of Sierra Club's democracy program.</em><br></p>
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