Enviros Believe Trump’s SCOTUS Pick ‘Will Embolden Polluters’

Environmentalists believe that deferring to agencies, which President Donald Trump’s Supreme Court nominee opposes, is essential to the Environmental Protection Agency’s (EPA) ability to protect people from pollution.

The Sierra Club sent a letter Monday to Democratic lawmakers urging them to oppose Judge Neil Gorsuch’s nomination because he opposes the Chevron doctrine, which allows government agencies wide latitude to interpret the law.

“His stance against the well-established Chevron doctrine will prevent agencies like the United States Environmental Protection Agency from fulfilling their mission to protect our air, water, and health,” Michael Brune, the Sierra Club’s executive director, wrote to Democrats.

The so-called “Chevron deference” — a methodology created by the 1984 case, Chevron U.S.A., Inc. v. Natural Resources Defense Council states that courts must defer to executive agencies when they are confronted by “ambiguous” statutes.

“While agencies are not directly accountable to the people, the Chief Executive is, and it is entirely appropriate for this political branch of the Government to make such policy choices,” Justice John Paul Stevens wrote in his majority opinion. Chevron essentially instructs the courts to defer to the president in such cases.

Gorsuch, who has been a member on the U.S. Court of Appeals for the Tenth Circuit since 2006, blasted the Chevron deference as a “judge-made doctrine for the abdication of the judicial duty” in a written concurrence in an August, 2016, case: Gutierrez-Brizuela v. Lynch.

Environmentalists are not amused by the nominee’s anti-agency positions. “Judge Gorsuch has proven through his record that he is willing to limit access to the courts, a dangerous view that will only embolden polluters and hamper citizens when they try to protect their communities,” Brune wrote, referring to Gorsuch’s willingness to redirect executive deference back to the courts.

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Comments (2)

  • Avatar

    JayPee

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    NO

    The SCOTUS pick will encourage honesty in science and journalism.

    Extreme leftist liars have had their day for a long time.

    The enviros and msm hate that truth might prevail.

    They deserve their dishonored and humiliated end.

  • Avatar

    Amber

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    The biggest whiners are not a surprise . Any threat to the Democrat operatives agenda
    was bound to get howls of moral outrage . The EPA printing press for regulations and money to friends is going to get fixed . Tax payers have been robbed through the deliberate falsification of climate data to facilitate the unprecedented regulatory overreach causing $billions of dollars in damages and social destruction .
    The ring leaders of the massive fraud should be in jail . NOAA, NASA and the discredited IPCC are only the front for the Corporate welfare bums and puppet masters of the Democrat Party .
    They have a lot to howl about … the con game is over .

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