Elena Kagan on Environment



Congress can empower EPA and executive branch

Kagan led the majority opinion in 2019's Gundy, rejecting arguments that Congress had handed too much power to the executive branch. The case, which did not deal directly with environmental laws, narrowly avoided a revival of the long-dormant nondelegation doctrine but provided justices including Gorsuch a platform for expressing interest in revisiting the administrative law issue.
Source: GreenWire E&E News on 2021 EPA & climate SCOTUS cases , Nov 3, 2021

Established environmental law program at Harvard

It's immediately clear that she's no fire-breathing environmental crusader. Those looking for such a justice are bound to be disappointed. Kagan hasn't written or said much at all about climate change or the government's role in regulating clean air and water or protecting land and species.

But if actions mean more than words, Kagan's nomination could be good news for the environmental movement. Kagan's signature green accomplishments came during her six years as dean of Harvard Law School, from 2003 to 2009, where she led the creation of an Environmental Law Program and an Environmental Law and Policy Clinic. "The fact that she was interested in building an environmental law program when none existed, I think, speaks volumes," said one environmental scholar whom Kagan lured to Harvard.

Source: Grist.org, "Climate realist", on 2010 SCOTUS hearings , May 10, 2010

Other Justices on Environment: Elena Kagan 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 21, 2022