How Would a Justice Kavanaugh Approach Environmental Cases?

As we await the outcome of President Trump’s nomination of Judge Kavanaugh to the Supreme Court, journalists and legal scholars have been scouring Judge Kavanaugh’s past decisions and legal writings for indications as to how he might resolve pressing legal questions if installed on the Court.  I’m adding here a few thoughts to the many that have already been expressed on this score (including my colleague Ann Carlson’s), with a specific focus on Judge Kavanaugh’s past decisions in environmental cases. In reviewing the decisions, I was particularly curious to see when, if at all, arguments made by environmental advocates—I’m including governmental agencies arguing for tougher environmental standards in that group—had resonated with Judge Kavanaugh.  While I was most interested in circumstances under which Judge Kavanaugh either ruled for an environmental NGO or in favor of EPA in the face of an industry challenge to an…

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