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Brett Kavanaugh on Environment
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Suspicious of regulations on environment and worker safety
Kavanaugh has demonstrated a deep suspicion of government regulation, a pattern aligned with the Trump administration and perhaps best exemplified by his dissent in the case of a killer whale that attacked a SeaWorld trainer.As Kavanaugh blasted a
Labor Department move to sanction SeaWorld following the drowning of a trainer by an orca, he warned that regulators would try to impose new safety requirements on sports, the circus and more.
Overall, his view is that agencies should exercise
authority as clearly spelled out in federal statutes and that judges should not, as occurred in the SeaWorld case, defer to agency interpretations that go beyond what's explicit in a law.
That view goes to the heart of a modern debate in the
courts and Congress over regulators' power. It's a debate that generally splits liberals and conservatives. And it's one that can have real world consequences for federal safeguards covering workers, consumers and the environment.
Source: CNN.com on lead-up to SCOTUS Confirmation Hearings
, Aug 25, 2018
Dissents on EPA's blocking permit for strip mining operation
Two years ago the second highest court in the land upheld a controversial decision by the EPA to block a permit for what would have been one of West Virginia's largest strip-mining operations. The only dissenter in the 2-1 decision was Judge Kavanaugh,
who Trump picked to take Justice Kennedy's spot on the Supreme Court. Kavanaugh's dissent is illustrative of the pro-business approach to environmental law that he cultivated throughout his dozen years on the U.S. Court of Appeals for the DC.
Source: Washington Post on lead-up to SCOTUS Confirmation Hearing
, Jul 11, 2018
Page last updated: Mar 20, 2022