Merrick Garland

Implementing the “Biden Environmental Litigation Bounce-Back”

Encouraging Signals As To How Biden’s USDOJ Will Resolve Environmental Lawsuits Originally Brought Against the Trump Administration

The transition from the Trump Administration to the Biden Administration makes for fascinating spectator sport.  President Biden’s first month in office reveals that he and his Administration are committed to undoing the widespread damage former President Trump and his minions engineered across so many policy and legal areas.  The environment is a particularly prominent example. …


Will We Get a Ninth Supreme Court Justice?

Not if Clinton Wins the President and the GOP Maintains Control of the Senate

Dan’s march through the Senate, and his fine post today on Wisconsin, might even be more significant than says. He writes: A President Trump with a Republican Senate could do a lot to carry through on his pledge to dismantle EPA’s powers, whereas a President Clinton would receive valuable support from a Democratic Senate. If …


Judge Garland Has a Strong Record of Environmental Protection

If Ever Confirmed, He’s a Good Bet to Uphold the Clean Power Plan

President Obama’s nomination to the U.S. Supreme Court, Judge Merrick Garland, has a record on the D.C. Circuit Court  that environmentalists should celebrate. He is almost always deferential to agency interpretations of statutes, including environmental ones (SCOTUSblog has a good summary of his record through 2010 on agency deference). When he has not deferred to …