Environmental Law in the Roberts Court
Environmental law constitutes a decent sliver of the Supreme Court’s caseload, but none of the current justices seems to have much interest in environmental law, as such—or so I argue in my new article, “Which Way for the Roberts Court?”, the cover story for the November/December 2020 issue of The Environmental Forum, published by the Environmental Law Institute.
Here is a taste of the article:
In many respects, the 2019-20 Supreme Court term encapsulates the Roberts Court’s treatment of environmental issues. In a majority of cases, the position supported by environmental groups fails. On the other hand, positions favored by business groups
or the federal government tend to succeed. Looking behind the numbers, however, reveals two equally important tendencies. First, the Court seems to lack much interest in the distinct environmental content of environmental law cases. Second, the justices do not perceive environmental law as uniquely distinct or even important. Nonetheless, the most significant an
Article from Latest – Reason.com