President Trump’s SCOTUS nominee, Judge Brett Kavanaugh from the DC Circuit Court of Appeals, has a long judicial history of dissenting on not just the CO2 endangerment finding by the EPA, but on Obama’s entire environmental regulatory agenda when those cases made it to him as an appellate judge.
For example, the LA Times writes,
“Kavanaugh was skeptical of several of the Obama administration’s environmental regulations, including efforts to limit greenhouse gases and hazardous air pollutants.”
And here from page 32 of his dissenting opinion on
COALITION FOR RESPONSIBLE REGULATION, INC., ET AL., PETITIONERS
ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT
“KAVANAUGH, Circuit Judge, dissenting from the denial of rehearing en banc:
This case is plainly one of exceptional importance. A decision in either direction will have massive real-world consequences. The U.S. Chamber of Commerce describes the EPA regulations at issue here as “the most burdensome, costly, far-reaching program ever adopted by a United States regulatory agency.” Petition for Rehearing En Banc at 1. On the other hand, EPA issued these regulations to help address global warming, a policy issue of major long-term significance to the United States. Put simply, the economic and environmental policy stakes are very high.”
see also: Brett Kavanaugh’s track record
Environment and climate change
Kavanaugh has weighed in on dozens of environmental cases because of his seat on the D.C. Circuit Court of Appeals — and he’s widely seen as critical of many Obama-era rules from the EPA. In 2012, for example, Kavanaugh wrote a decision that rejected EPA’s attempt to curb air pollution that crosses state lines. He has often leaned toward restricting the EPA’s powers when he believed the agency lacked specific authorization from Congress, including in courtroom comments surrounding the Obama administration’s climate rules for power plants.
“On the policy, I understand, it’s laudable, and the Earth is warming, and humans are contributing,” Kavanaugh said at the time. But, he added, “under our system of separation of powers … Congress is supposed to make the decision.” The D.C. Circuit never issued its ruling in the case, which has been on hold while President Donald Trump’s EPA reformulates the Obama regulation.
And in a 2014 ruling over an EPA rule on toxic mercury from power plants, Kavanaugh wrote in a dissent that EPA had acted wrongly in not weighing costs when it first decided to write a regulation. A year later, a 5-4 Supreme Court propelled Kavanaugh’s reasoning into the majority.