The Climate Court

With Congress gridlocked, Simon Lazarus and Doug Kendall look to the next battlefield for environmentalists:

On any given day, the U.S. Court of Appeals for the D.C. Circuit has the power to throw the environmental movement into complete disarray. Tucked into a nondescript neighborhood in Washington, D.C., the court isn’t well known to the public, but it’s often called the second most important court in the United States. It has particular significance to the environmental movement because of its exclusive jurisdiction over regulations involving vital environmental laws like the Clean Air Act, the Clean Water Act, and the Endangered Species Act. …

Indeed, in the first two weeks of this month alone, the court is hearing cases involving emissions standards on sewage sludge incinerators, challenges to EPA rules requiring states to address greenhouse emissions in their permitting requirements, emissions standards for hazardous pollutants resulting from lead processing, and even a pair of cases regarding the importation of polar bear hunting trophies.

Lazarus and Kendall implore the environmental movement to “involve itself more in the conversation about nominations.”