Amy Coney Barrett on Energy & Oil



Declines to acknowledge well-established climate science

Barrett's judicial philosophy--shaped by her mentor, the late conservative Justice Antonin Scalia--suggests that she could take a narrow view of EPA's climate authority under the Clean Air Act.

Barrett declined to acknowledge well-established climate science during her confirmation hearing last year. "I don't think I am competent to opine on what causes global warming or not," Barrett told members of the Senate Judiciary Committee (Climatewire, Oct. 15, 2020). She later added: "I don't think that my views on global warming or climate change are relevant to the job I would do as a judge."

Source: GreenWire E&E News on 2021 EPA & climate SCOTUS cases , Nov 3, 2021

No extensions for refineries' Renewable Fuel Program

On June 25, 2021, the Supreme Court decided HollyFrontier Cheyenne Refining v. Renewable Fuels Association, which concerned small refiners' eligibility for hardship exemptions under the federal renewable fuels standards ("RFS") program. Three small fuel refineries had each applied for a hardship exemption under the RFS program, and the EPA had granted each request. A group of renewable fuel producers then challenged those exemptions. By a vote of six to three, the Court held that the text of the statute does not require that the exemption be held continually in order to remain valid.

Justice Amy Coney Barrett dissented in an opinion joined by Justices Sonia Sotomayor and Elena Kagan. The dissenting justices argued that, while the majority attributed to Congress a meaning of "extension" that is "possible," it did not give the term its "ordinary meaning." In the view of the dissenters, the "ordinary meaning" of "extension" excludes a firm that has allowed its prior exemption to lapse.

Source: JD Supra on 2021 EPA & climate SCOTUS cases , Jul 14, 2021

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Other Justices on Energy & Oil: Amy Coney Barrett on other issues:
Samuel Alito(since 2006)
Amy Coney Barrett(since 2020)
Stephen Breyer(since 1994)
Neil Gorsuch(since 2017)
Ketanji Brown Jackson(nominated 2022)
Elena Kagan(since 2010)
Brett Kavanaugh(since 2018)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)

Former Justices:
Merrick Garland(nominated 2016)
Ruth Bader Ginsburg(1993-2020)
Anthony Kennedy(1988-2018)
Antonin Scalia(1986-2016)
John Paul Stevens(1975-2010)
David Souter(1990-2009)
Sandra Day O'Connor(1981-2006)
William Rehnquist(1975-2005)

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Page last updated: Mar 20, 2022