John Roberts on Environment

Supreme Court Justice (nominated by Pres. George W. Bush 2005)

Allow development despite local endangered species

Roberts dissented from the majority on the court ruling in the case RANCHO VIEJO v. NORTON

The court ruled that the Endangered Species Act should be enforced in the case of a shopping mall developer ordered to make provisions for a rare California toad. Roberts dissented in the opinion, saying the ruling overstepped Congress' powers to regulate commerce as spelled out in the Constitution.

Source: Miami Herald, "Robert's Rulings" Jul 21, 2005

No lawsuits to prevent mining on federal land

When Roberts was the government's lead counsel before the Supreme Court in Lujan v. National Wildlife Federation, he successfully argued that members of the environmental group did not have a right to file claims against 4,500 acres of public land being opened to mining. The court agreed, making it harder for plaintiffs to challenge government actions that hurt the environment. Source: Slate.com Jul 19, 2005

Species within one state not protected by federal law

Roberts voted for rehearing in a case about whether a developer had to take down a fence so that the arroyo toad could move freely through its habitat. Roberts argued that the panel was wrong to rule against the developer because the regulations on behalf of the toad, promulgated under the Endangered Species Act, overstepped the federal government's power to regulate interstate commerce. At the end of his opinion, Roberts suggested that rehearing would allow the court to "consider alternative grounds" for protecting the toad that are "more consistent with Supreme Court precedent." (Rancho Viejo v. Nortion, 2003) Source: Emily Bazelon and David Newman, Slate.com Jul 1, 2005

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