It’s judges, not Trump, who will decide Obama’s environmental legacy – The Verge
Donald Trump, our new president, has vowed to dismantle many of the environmental policies passed under President Barack Obama. But for the next four years, when it comes to climate policy, the place to watch isnt the White House its the courtroom.
For the past eight years, Obama has positioned himself as a global leader in the fight against climate change. At home, hes passed regulations to lower emissions of greenhouse gases from cars and plants, hes boosted renewable energy, and set new records for protecting public land. On the international level, Obama has spearheaded global climate deals like the Paris accord, signing bilateral agreements with top polluters like China to reduce CO2 emissions.
The place to watch isnt the White House, its the courtroom
But all that is now in peril. Trumps pick for the head of the Environmental Protection Agency is Scott Pruitt, a man whos questioned the scientific evidence of human-made climate change. His transition team has sent an intimidating questionnaire to the Department of Energy asking for the names of employees who worked on climate policy (the Energy Department refused and Trumps later disavowed the questionnaire). He has picked Exxon Mobil CEO Rex Tillerson as Secretary of State. And he has vowed to dismantle one of Obamas signature environmental policies in his first 100 days in office.
Environmental groups are already gearing up to fight any anti-climate action, and attorneys general from several states have vowed to bring the Trump administration to court. Thats where much of the fight over climate change and the environment is going to happen, likely for years to come. Its hard to predict what the outcomes will be. Trump is set to nominate a new Supreme Court justice, as well as fill in more than 100 judicial vacancies all over the US.
The courts will really decide the extent to which the Obama legacy is maintained or rolled back, says Maria Belenky, director of policy and research at Climate Advisers. The courts are the area of last resorts for a lot of environmental groups and a lot of states that have supported the Obama administrations agenda.
The Clean Power Plan, or CPP, is the core of Obamas plan to reduce CO2 emissions to curb climate change. But dismantling it wont be as easy, legal experts say; in fact, the CPP is already the subject of a heated legal battle at the US Court of Appeals for the District of Columbia Circuit and litigation is only likely to continue. Two dozen states and industry groups have sued the EPA, arguing that the agency overstepped its authority under the Clean Air Act. The DC Circuit court heard arguments in September but hasnt made a decision yet. And whatever the Trumps administration is going to do, more legal battles are likely to follow.
Dismantling the CPP wont be easy
Trumps EPA could ask the DC Circuit for a so-called voluntary remand, a motion that would essentially halt the case while the EPA reviews the complaints, according to Michael Gerrard, the director of the Sabin Center for Climate Change Law at Columbia Law School. The EPA could then take its time to review the case, basically stalling the enforcement of the CPPs carbon-cutting requirements. But a group of attorneys general from several states liberal and conservative ones wrote a letter to Trump in December vowing to bring the administration to court if that were to happen.
Be assured that we would vigorously oppose in court any attempt to remand the Clean Power Plan back to EPA so late in the litigation, and prior to a decision from the Court on the merits of the claims, the letter read.
If the EPA waited for the DC Circuit to rule, and then decided to scrap the CPP altogether, lawsuits would still abound. Thats because the EPA has a legal obligation to curb greenhouse gas emissions based on a 2007 Supreme Court decision that defined those emissions are air pollutants under the Clean Air Act. In that ruling, the Supreme Court also asked the EPA to determine whether these pollutants can endanger public health and welfare. In 2009, the EPA issued the so-called endangerment finding the finding, based on scientific evidence, that CO2 and five other global warming pollutants are dangerous for the public. That finding was at the base of Obamas entire environmental policy.
If Scott Pruitts EPA tried to roll back the endangerment finding, the Natural Resources Defense Council would sue them, says David Doniger, the director of NRDCs Climate & Clean Air Program. And the NRDC would probably win, according to legal experts. I think it would be really difficult to roll back the endangerment finding, says Vicki Arroyo, the executive director of the Georgetown Climate Center at Georgetown Law. It would be really difficult at this stage to argue in a legally defensible manner that there is not endangerment given what were seeing with the Greenland ice melt, Antarctica, the more frequent severe storms, long droughts many of which have been connected to human responsibility for CO2 and other climate-related emissions.
The courts are going to be very, very busy.
The courts are likely to hear cases on a hosts of other environmental issues as well. If the federal government fails to protect species under the Endangered Species Act, for example, environmental groups could sue federal agencies for inaction. If Trump decides to undo some of the controversial national monuments designated by Obama under the Antiquities Act, like the Bears Ears National Monument in Utah, that could also wind up in the courts. The courts are going to be very, very busy evaluating the limits of American administrative laws, says David Victor, an expert on international climate policy at the University of California, San Diego.
How the courts will rule is difficult to predict. Trump will be able to nominate a new Supreme Court justice, skewing that courts balance to the conservative side. If environmental cases are picked up by the Supreme Court, a new composition will matter for the decision. The vacant Supreme Court seat is going to be huge right now, says Belenky at Climate Advisers. Not as important, but equally worrisome for environmentalists, are the more than 100 judicial vacancies across the US that Trump will be able to fill with his appointees.
A couple of the openings are at the Second Circuit, which has emerged as an important circuit for cases about how water is regulated under the Clean Water Act, according to Robin Craig, an environmental law professor at the University of Utah. Other openings are at the Ninth Circuit, which is important for endangered species cases, according to Gerrard. The Supreme Court will get much of the attention but the federal courts pose a much more immediate opportunity, says Victor at the University of California, San Diego.
As Trump steps into office, environmental groups are watching out for rollbacks to climate policy, fully ready to hit the green button on litigation, Belenky says. Some are confident that the courts will eventually sway on their side, if only because the American public including Trump voters overwhelmingly want a clean environment to lead healthy lives.
I think the Trump administration can do many damaging things but ultimately the law is on our side, so well win cases if we have to bring them against these rollbacks, and well also find that theyll lose in the court of public opinion, says Doniger at the NRDC. The public supports these safeguards, the public wants clear air and water, the public wants a safe climate.
Go here to read the rest:
It's judges, not Trump, who will decide Obama's environmental legacy - The Verge
- Edward Keegan: The Obama Presidential Center promises to be a very un-Chicago building - Chicago Tribune - October 19th, 2025 [October 19th, 2025]
- Who is Judge Chuang, the Obama appointee assigned to John Bolton's case? - Fox News - October 19th, 2025 [October 19th, 2025]
- University of Alabama student earns Obama Foundation's Voyager Scholarship - The Tuscaloosa News - October 19th, 2025 [October 19th, 2025]
- Obama, aiming to boost Democrats in New Jersey and Virginia, endorses Sherrill and Spanberger - AP News - October 19th, 2025 [October 19th, 2025]
- Michelle Obama Brings Her Voice And Style to Brooklyn - BKReader - October 19th, 2025 [October 19th, 2025]
- Barack and Michelle Obama spark backlash after details about recent trip come to light here's what's happening - The Cool Down - October 19th, 2025 [October 19th, 2025]
- A Video Of Obama Exposing How He Thinks MAGA Would React If He Sent Troops To Red States Is Going Viral, And It's A Startling Reminder Of The Double... - October 19th, 2025 [October 19th, 2025]
- Sherrill pulls out all stops with Obama endorsement, star-studded New Jersey campaign push as race tightens - Fox News - October 19th, 2025 [October 19th, 2025]
- Obama, aiming to boost Democrats in New Jersey and Virginia, endorses Sherrill and Spanberger - Sun Sentinel - October 19th, 2025 [October 19th, 2025]
- Michelle Obama bringing new live podcast to Brooklyn with Tracee Ellis Ross - Yahoo News New Zealand - October 17th, 2025 [October 17th, 2025]
- Michael Steele urges George W. Bush to join Obama in publicly condemning Trump - MSNBC News - October 17th, 2025 [October 17th, 2025]
- Higher Ground to Launch "IMO: The Look" Podcast Series With Michelle Obama on November 5, Featuring Live Events Alongside Book Release -... - October 17th, 2025 [October 17th, 2025]
- Marc Maron ends his podcast with final guest Barack Obama after 16 years and nearly 1,700 episodes - NBC News - October 17th, 2025 [October 17th, 2025]
- Depredations of Congressional Authority Dominate, from Obama to Trump - American Enterprise Institute - October 17th, 2025 [October 17th, 2025]
- Spanberger campaign using Obama to get Trump into the Virginia governor race - Augusta Free Press - October 17th, 2025 [October 17th, 2025]
- Michelle Obama bringing new live podcast to Brooklyn with Tracee Ellis Ross - New York Daily News - October 17th, 2025 [October 17th, 2025]
- Author and Former Obama Speechwriter Sarah Hurwitz Headlines NCJW 'Women of Vision' Event - thejewishnews.com - October 17th, 2025 [October 17th, 2025]
- Obama rebukes Trumps use of National Guard in cities: inherently corrupting - The Hill - October 17th, 2025 [October 17th, 2025]
- Democracy is on the ballot, Obama says, urging Californians to pass Prop. 50 in new ad - Los Angeles Times - October 15th, 2025 [October 15th, 2025]
- Obama rips concessions that businesses and others have made to Trump - CNN - October 15th, 2025 [October 15th, 2025]
- Obama Torches Trump by Turning MAGAs Favorite Gripe Against Him - The Daily Beast - October 15th, 2025 [October 15th, 2025]
- Obama takes aim at companies cutting deals with Trump: We have capacity to take a stand - The Guardian - October 15th, 2025 [October 15th, 2025]
- Marc Maron Ends His Podcast With Words of Advice From Barack Obama - The Hollywood Reporter - October 15th, 2025 [October 15th, 2025]
- Obama: Inherently corrupting for a president to use military against their own people - The Hill - October 15th, 2025 [October 15th, 2025]
- Barack Obama Emphasizes Civility More Than Warrior Spirit With Marc Maron On Final WTF: We Probably Need To Be Shaken Out Of Our Complacency -... - October 15th, 2025 [October 15th, 2025]
- Obama Blasts Companies and Universities for Backing Down to Trump - Newsweek - October 15th, 2025 [October 15th, 2025]
- Barack Obama Reveals He Only Plays This One Phone Game - CNET - October 15th, 2025 [October 15th, 2025]
- Marc Maron Ends WTF Podcast With Barack Obama Giving Him Advice: Be a Little Brain-Dead for a While and Dont Rush Into Whats Next - Variety - October 15th, 2025 [October 15th, 2025]
- Obama warns that Republicans want to rig next years election in horrowing ad - TheGrio - October 15th, 2025 [October 15th, 2025]
- Obama Reveals Why He Started Speaking Out Against Trump - The Daily Beast - October 15th, 2025 [October 15th, 2025]
- Trump takes swipe at Hillary Clinton, blasts Obama and Biden in passionate address to Israeli parliament - New York Post - October 15th, 2025 [October 15th, 2025]
- This is 'a test,' Obama says of the US under Trump. He gets candid with podcaster Marc Maron - TheDailyNewsOnline.com - October 15th, 2025 [October 15th, 2025]
- Former Pres. Obama Adviser Weighs in on Obamas Comments on Trump: The Greatest Threat is People are Complacent. - CNN - October 15th, 2025 [October 15th, 2025]
- Opinion - Obama rebukes Trumps use of National Guard in cities: inherently corrupting - Yahoo - October 15th, 2025 [October 15th, 2025]
- Obama Finally Tells Us Why Hes Been So Quiet When It Comes to Trump - The Root - October 15th, 2025 [October 15th, 2025]
- Barack Obama Believes Businesses And Universities Are Being Tested By The Trump Administration Here's His Advice - afrotech.com - October 15th, 2025 [October 15th, 2025]
- Barack Obama urges Californians to back Prop. 50: Democracy is on the ballot - Stocktonia - October 15th, 2025 [October 15th, 2025]
- Obama rebukes Trump's use of Nat'l Guard in cities: 'inherently corrupting' Lindsey Granger | RISING - The Hill - October 15th, 2025 [October 15th, 2025]
- Obama gloats that Hispanics who voted Trump for the economy are now being 'tested' by ICE raids - Daily Mail - October 15th, 2025 [October 15th, 2025]
- Barack Obama Accuses Republicans Of Wanting To 'Rig The Next Election' In Ad Supporting Governor Newsom - Latin Times - October 15th, 2025 [October 15th, 2025]
- This is a test, Obama says of the U.S. under Trump. He gets candid with podcaster Marc Maron - Los Angeles Times - October 15th, 2025 [October 15th, 2025]
- 2024 was a repudiation of the Obama-DEI style of politics: Michael Malice - Fox News - October 15th, 2025 [October 15th, 2025]
- After Nobel Snub, Trump To Get An Award That Obama Received - NDTV - October 15th, 2025 [October 15th, 2025]
- Top lawyers for Bush, Clinton and Obama join together to blast Trumps political prosecutions: No American is safe - AOL.com - October 15th, 2025 [October 15th, 2025]
- Trump's Power Success, Obama-Biden's Wages of Weakness, by Austin Bay - Creators Syndicate - October 15th, 2025 [October 15th, 2025]
- Barack Obama opens up on decision to speak out against Trump after leaving the Oval Office - UNILAD - October 15th, 2025 [October 15th, 2025]
- Former President Barack Obama decries politicization of the military by President Donald Trump - Chicago Tribune - October 15th, 2025 [October 15th, 2025]
- Rigged! Obama cuts ad for California ballot initiative and questions the legitimacy of 2026 election - Washington Times - October 15th, 2025 [October 15th, 2025]
- President Obama explores ways to combat the rise of authoritarianism with Eastern European alumni - Obama Foundation - October 13th, 2025 [October 13th, 2025]
- Michelle Obama's Girls Opportunity Alliance is rallying $2.5 million for grassroots education - ABC News - Breaking News, Latest News and Videos - October 13th, 2025 [October 13th, 2025]
- Awarded for nothing: Trump hits out at Obama over Nobel Peace Prize win; calls himself more deserving - The Times of India - October 13th, 2025 [October 13th, 2025]
- MAGA Fumes at Obama for Ignoring Trump in His Peace Post - The Daily Beast - October 13th, 2025 [October 13th, 2025]
- A quick word in the ear and Trump had done what Obama and Biden never could - yahoo.com - October 13th, 2025 [October 13th, 2025]
- Watch the heartwarming moment when a 102-year-old woman tells Barack Obama what she eats every day - Yahoo Creators - October 13th, 2025 [October 13th, 2025]
- Trump only really wanted to win the Nobel Peace Prize for one reason and you guessed it: its Obama - The Independent - October 11th, 2025 [October 11th, 2025]
- Obama: We should all be encouraged that end to Israel-Hamas war in sight - The Hill - October 11th, 2025 [October 11th, 2025]
- Trump railed against Obama before he was passed over for Nobel Peace Prize - TheGrio - October 11th, 2025 [October 11th, 2025]
- Battenfeld: Obama shows pettiness by failing to credit Trump for peace deal - Boston Herald - October 11th, 2025 [October 11th, 2025]
- Trumps Attempt to Goad Navy Into Booing Obama Met With Awkward Silence - Yahoo - October 11th, 2025 [October 11th, 2025]
- Trump Slams Obama's Nobel Peace Prize Win Just Before Losing His Campaign - BIN: Black Information Network - October 11th, 2025 [October 11th, 2025]
- Maria Corina Machado wins Nobel Peace Prize 2025: The delicious Obama twist in giving the award to Venezu - Times of India - October 11th, 2025 [October 11th, 2025]
- Trump only really wanted to win the Nobel Peace Prize for one reason and you guessed it: its Obama - Yahoo - October 11th, 2025 [October 11th, 2025]
- "Obama Got It For Nothing": Trump Tears Into Ex-President's Nobel Prize Win - NDTV - October 11th, 2025 [October 11th, 2025]
- Obama's Go-To Hometown Meal Comes With A Heaping Helping Of Comfort - Yahoo - October 9th, 2025 [October 9th, 2025]
- Trump tries to get Navy to boo Obama what happened next left the crowd silent - The Economic Times - October 9th, 2025 [October 9th, 2025]
- Top CNN anchor shocks with praise for Trump compared to Obama - SILive.com - October 9th, 2025 [October 9th, 2025]
- Barack Obama's 'elite' pen of choice is unbelievably affordable today - Creative Bloq - October 9th, 2025 [October 9th, 2025]
- Be cool when you walk down: Trump compliments the way Obama would bop down the stairs of Air Force One - Yahoo - October 9th, 2025 [October 9th, 2025]
- Obama's Go-To Hometown Meal Comes With A Heaping Helping Of Comfort - Chowhound - October 9th, 2025 [October 9th, 2025]
- Trump met with awkward silence after attempting to get crowd to boo Obama - tyla.com - October 9th, 2025 [October 9th, 2025]
- Watch: Trump flops at Navy's 250th anniversary event; tries to provoke boos for Obama but fail - Times of India - October 7th, 2025 [October 7th, 2025]
- Did Obama say '80% of the world's problems involve old men hanging on'? - Snopes - October 7th, 2025 [October 7th, 2025]
- Trump just tried to claim he's in better shape than Obama but nobody's buying it - Indy100 - October 7th, 2025 [October 7th, 2025]
- Michelle Obama shares the ultimate secret to happiness, says Gen Z is simply not getting it - Scoop Upworthy - October 7th, 2025 [October 7th, 2025]
- Barack Obama and Michelle Obama's Photos Through the Years - People.com - October 7th, 2025 [October 7th, 2025]
- Former President Barack Obama - Image 1 from The Obamas Celebrate 33 Years of Black Love At Its Finest - bet.com - October 7th, 2025 [October 7th, 2025]
- Michelle and Barack Obama Share Adorable, Never-Before-Seen Photo to Celebrate 33rd Anniversary - instyle.com - October 7th, 2025 [October 7th, 2025]
- During the Obama administration, Donald Trump spent years blaming the president for government shutdowns. The federal government remained shut down... - October 7th, 2025 [October 7th, 2025]
- CNN speaks with the man behind the viral DJ Obama AI-generated images - CNN - October 4th, 2025 [October 4th, 2025]
- From Mariah Carey to Obama and Chris Brown, every celebrity mentioned in Diddy's trial - USA Today - October 4th, 2025 [October 4th, 2025]