Brett Kavanaugh on Environment



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

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Other Justices on Environment: Brett Kavanaugh 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