Neil Gorsuch

What Does Today’s Decision Holding that Employers Can’t Discriminate Against LGBTQ Employees Have to Do with Climate Change?

The case provides potent ammunition for using the Clean Air Act to regulate carbon pollution

Today’s blockbuster opinion in Bostock v. Clayton County, Georgia,  holding that employers can’t fire LGBTQ workers under Title VII of the Civil Rights Act, may seem far afield from the regulation of greenhouse gases under the Clean Air Act. But its reasoning could have huge implications for climate change action.   In saying that discrimination …

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Gorsuch and the Environment: A Closer Look

Gorsuch doesn’t seem to have a strong agenda in this area, with several pro-environmental rulings.

What could we expect from Neil Gorsuch as a Supreme Court Justice in environmental and energy cases?   After reading all the opinions I could find, I’d say the best news is this: He doesn’t seem to have any particular agenda in the area.  That distinguishes him from some past appointees such as Clarence Thomas, who …

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Predicting How Neil Gorsuch Would Rule on Environmental Issues

If he’s ever confirmed by the U.S. Senate

Donald Trump just announced his nomination to replace Justice Antonin Scalia.  Here are some very preliminary thoughts. Assuming Trump’s nominee, Neil Gorsuch, is confirmed by the U.S. Senate (by no means a certainty), what do we know about how he would be likely to rule on environmental questions?  As far as I can tell, he …

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