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
- Michelle Obama Rocks Double Denim in Throwback Shot Amid Release of Her Style Book - Yahoo - November 7th, 2025 [November 7th, 2025]
- Obama once urged Black men to back Harris then he, Democrats reversed race rhetoric legacy in 2025 - Fox News - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Suits up in Matthieu Blazys Debut Chanel Collection for Her The Look' Book Tour - WWD - November 7th, 2025 [November 7th, 2025]
- Michelle Obama on Being in Her 60s, Raising Daughters, and Growing Into Herself - Real Simple - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Tears Apart Trumps Renovation of the White House - Vanity Fair - November 7th, 2025 [November 7th, 2025]
- Michelle Obama on East Wing demolition: We always felt it was the peoples house - The Hill - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Is Applauded for Her Reaction to Trump's Demolition of the White House's East Wing - Yahoo - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Wears One of the Best Dresses of the Spring Collections - Vogue - November 7th, 2025 [November 7th, 2025]
- Obama celebrates Tuesday wins and tells progressives that voters are rejecting the Trump agenda - AP News - November 7th, 2025 [November 7th, 2025]
- Newly emboldened Obama pops up on Pod Save America live show for election victory lap - Washington Examiner - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Gets Real About Her New Book, The Look, At Sold-Out Brooklyn Event - essence.com - November 7th, 2025 [November 7th, 2025]
- Barack Obama Gives Crucial Advice To Democrats Following 2025 Election Wins - HuffPost - November 7th, 2025 [November 7th, 2025]
- Malia Obama Sneaks Into the 'Stranger Things' Premiere in an Edgy Cardigan - W Magazine - November 7th, 2025 [November 7th, 2025]
- '44 The Musical' Off-Broadway review staging the song-and-dance of Obama-era politics - New York Theatre Guide - November 7th, 2025 [November 7th, 2025]
- 44 The Musical: The Obama Years, Satirized with Four-Letter Words - New York Stage Review - November 7th, 2025 [November 7th, 2025]
- Obama Celebrates Big Democratic Wins, Says Voters are Paying Attention - TheWrap - November 7th, 2025 [November 7th, 2025]
- Review: Obama Musical 44 Is Big on Nostalgia but Light on Everything Else - TheaterMania - November 7th, 2025 [November 7th, 2025]
- 44: The Musical' Off Broadway Review: Obama Sings and Dances but He's Married to Oprah? - TheWrap - November 7th, 2025 [November 7th, 2025]
- Before Trump, Obama used the federal government to strong-arm private institutions and states - Washington Examiner - November 7th, 2025 [November 7th, 2025]
- Obama shows his star power still burns bright one year on from Harris disappointment - Washington Examiner - November 7th, 2025 [November 7th, 2025]
- Nancy Pelosi retires from legendary career as Obama hails 'one of the best speakers the House of Representatives has ever had' - Fortune - November 7th, 2025 [November 7th, 2025]
- Michelle Obama and Tracee Ellis Ross Are the Best-Dressed on the Book Tour Circuit - Marie Claire - November 7th, 2025 [November 7th, 2025]
- Trump vs Obama: new polls show who the public favours and Trump is not happy - Dagens.com - November 7th, 2025 [November 7th, 2025]
- Obama celebrates Tuesday wins and tells progressives that voters are rejecting the Trump agenda - WSLS - November 7th, 2025 [November 7th, 2025]
- There Is an Obama Musical (Really)And Biden Steals the Show - The Daily Beast - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Wore the Cool-Girl Jacket Theres No Escaping From in 2025and One Detail Makes It So Practical - instyle.com - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Colourful in Loewe Promoting The Look - Red Carpet Fashion Awards - November 7th, 2025 [November 7th, 2025]
- The Rock finally reveals how he tweeted about Bin Laden's death 45 minutes before President Obama - LADbible - November 7th, 2025 [November 7th, 2025]
- Jenna Bush Hager Says These Words From Michelle Obama Made Her Cry - TODAY.com - November 7th, 2025 [November 7th, 2025]
- Spot-on zany political spoof of the Obama era in 44 - The Musical at Off-Broadways Daryl Roth Theatre - DC Theater Arts - November 7th, 2025 [November 7th, 2025]
- Democrats are searching for their next leader. But they still have Obama. - Politico - November 3rd, 2025 [November 3rd, 2025]
- She will do the right thing: Obama boosts Spanberger at Norfolk rally - Virginia Mercury - November 3rd, 2025 [November 3rd, 2025]
- Obama Calls Mamdani to Praise His Campaign and Offers to Be Sounding Board - The New York Times - November 3rd, 2025 [November 3rd, 2025]
- NJ Governors Race Draws Obama and Hannity but Not Trump in Final Days - The New York Times - November 3rd, 2025 [November 3rd, 2025]
- Obama campaigns for Sherrill, Spanberger on Saturday in home stretch of gubernatorial elections - CNN - November 3rd, 2025 [November 3rd, 2025]
- Obama calls Mamdani, offers help as 'sounding board' in the future: Sources - ABC News - November 3rd, 2025 [November 3rd, 2025]
- Obama looks to dial up Dem enthusiasm ahead of Tuesdays elections - The Hill - November 3rd, 2025 [November 3rd, 2025]
- Obama calls Mamdani, praises his campaign, offers to be sounding board if he wins - The Times of Israel - November 3rd, 2025 [November 3rd, 2025]
- Obama refuses to endorse radical NYC mayoral front-runner Mamdani even after publicly backing this previous mayor - New York Post - November 3rd, 2025 [November 3rd, 2025]
- Video Obama: 'Country and our politics are in a pretty dark place right now' - ABC News - November 3rd, 2025 [November 3rd, 2025]
- Obama criticizes the Trump administration while speaking in Virginia. - Brut - November 3rd, 2025 [November 3rd, 2025]
- Barack Obama led a rally for Mikie Sherrill's race for NJ governor. What he said - Bergen Record - November 3rd, 2025 [November 3rd, 2025]
- Obama calls Mamdani, praises his campaign, offers to serve as 'sounding board' if he wins NYC mayoral race - The Times of Israel - November 3rd, 2025 [November 3rd, 2025]
- Michelle Obama Shares How She Got Her Daughters on Board with Dressing Presidential: We Had a Deal (Exclusive) - People.com - November 3rd, 2025 [November 3rd, 2025]
- Obama: Mikie Sherrill and the Mission of America - Insider NJ - November 3rd, 2025 [November 3rd, 2025]
- Obama goes scorched earth on Trump while stumping for Sherrill: Dark place right now - New York Post - November 3rd, 2025 [November 3rd, 2025]
- Obama aids Democrats in campaign stops ahead of 2025 elections - The Washington Post - November 3rd, 2025 [November 3rd, 2025]
- Latest poll shows tight NJ governor race as Obama set to rally for Mikie Sherrill - USA Today - November 3rd, 2025 [November 3rd, 2025]
- Barack Obama Predicted Donald Trumps Dramatic White House Makeover in a 2011 Roast of the Future President - People.com - October 28th, 2025 [October 28th, 2025]
- The hypocrisy of Democrats on the government shutdown THEY created is UNDENIABLE and INDEFENSIBLE. WATCH former President Barack Obama lay it out. - X - October 28th, 2025 [October 28th, 2025]
- Where and when former President Obama will be in Norfolk - The Virginian-Pilot - October 28th, 2025 [October 28th, 2025]
- Obama to rally with Spanberger at Chartway Arena in support of her gubernatorial campaign - WTKR - October 28th, 2025 [October 28th, 2025]
- Fact Check: Did Obama spend $376 million to build a basketball court at the White House? - WION - October 28th, 2025 [October 28th, 2025]
- Did Barack Obama spend $376 million for the White House basketball court? Here's the truth | Hindustan Times - Hindustan Times - October 28th, 2025 [October 28th, 2025]
- Democrats spiral in Virginia as Obama is slammed for 'campaigning against black woman' - Daily Mail - October 28th, 2025 [October 28th, 2025]
- Ex-Obama Photographer Dogs Donald Trump With Beloved Image Of Now-Demolished East Wing - Yahoo News Singapore - October 28th, 2025 [October 28th, 2025]
- Critics suggest White House ballroom be renamed after Obama, or bulldozed when Trump leaves office - TheGrio - October 28th, 2025 [October 28th, 2025]
- Inside the Tense Moment Between the Queen & Obama Before Her Death: Will You - Yahoo - October 28th, 2025 [October 28th, 2025]
- Donald Trump's Third Term Plan Could Backfire And Bring Barack Obama Back to Power - International Business Times UK - October 28th, 2025 [October 28th, 2025]
- President Obama Preferred This Store-Bought Ingredient Over Homemade While Living In The White House - Tasting Table - October 28th, 2025 [October 28th, 2025]
- The workout routine that keeps Michelle Obama fit and powerful at 60 - Mundo Deportivo - October 28th, 2025 [October 28th, 2025]
- Inside the Tense Moment Between the Queen & Obama Before Her Death: Will You - StyleCaster - October 28th, 2025 [October 28th, 2025]
- All that glitters: Did Obama foretell Trumps glitzy White House makeover? - The New Daily - October 28th, 2025 [October 28th, 2025]
- Video If Obama had done this, Republicans would be losing their minds: Isgur on East Wing - ABC News - Breaking News, Latest News and Videos - October 26th, 2025 [October 26th, 2025]
- The 'All-American' Meal Bobby Flay Once Cooked Up For President Obama - The Takeout - October 26th, 2025 [October 26th, 2025]
- Michelle Obama Facing Backlash From Fans Over Her Controversial Stance On Dating Before College - Yahoo - October 26th, 2025 [October 26th, 2025]
- Image doesn't show White House after Obama 'wrecked' it to add basketball court - Snopes - October 26th, 2025 [October 26th, 2025]
- Ex-Obama aide: Is this the most politically insane thing Trump has ever done? - NJ.com - October 26th, 2025 [October 26th, 2025]
- [Watch] Anwar Rides In The Beast With Trump, Echoes Najibs 2014 Experience With Obama - TRP | The Rakyat Post - October 26th, 2025 [October 26th, 2025]
- Biden refused to speak with Obama for weeks before and after dropping out: book - New York Post - October 24th, 2025 [October 24th, 2025]
- Obama the 'campaign closer' for Democrats in top 2025 elections as party aims to rebound - Fox News - October 24th, 2025 [October 24th, 2025]
- Former Obama speechwriter finds common ground by riding the waves - CBS News - October 24th, 2025 [October 24th, 2025]
- Donald Trumps son defends White House demolition with below-the-belt attack on Michelle Obama: No one c - Times of India - October 24th, 2025 [October 24th, 2025]
- Don Jr. Defends Dads White House Teardown With Vile Attack on Michelle Obama - The Daily Beast - October 24th, 2025 [October 24th, 2025]
- Obama Calls Out Trump and Enablers Over System Abuse - Yahoo - October 24th, 2025 [October 24th, 2025]
- Former Obama fundraiser shares his thoughts on the state of the Democratic Party - Fox News - October 24th, 2025 [October 24th, 2025]
- How Much Did Obama Spend on White House Renovations? - Market Realist - October 24th, 2025 [October 24th, 2025]
- Joe Biden refused to speak with Obama for weeks before and after dropping out of presidential election - Irish Star - October 24th, 2025 [October 24th, 2025]
- Biden refused to speak with Obama for weeks before and after dropping out: book - AOL.com - October 24th, 2025 [October 24th, 2025]
- Former Obama fundraiser shares his thoughts on the state of the Democratic Party - Yahoo - October 24th, 2025 [October 24th, 2025]