Environmental Law Cases: Ruling the Far-Right Out of Order

By Joel Stronberg, Civil Notion

As the public debate about the causes and consequences of climate change remains politically charged and as legislative responses elude policymakers, the nation’s courtrooms have become the issue’s principal battleground. Over the past several years I have often written about the politicization of climate policy and the judiciary’s rise as the default driver of the nation’s environmental policy. Limited by matters of procedure and precedence, courts of law are imperfect venues in which to debate and decide government’s responsibility to protect its citizens and future generations from the ravages of global warming. In this time of hyper-partisanship and government gridlock, the judiciary is the only fully functioning federal branch of government in terms of making reasoned and stable decisions. How long that will last with the given character of Trump’s nominees to the federal bench remains a mystery. Although hardly responsible for the political divisions that have led to years of legislative and...