admin /15 April, 2007
A little over four years ago, when the forces of deregulation were riding high, this page observed that the federal courts could turn out to be the last, best hope for slowing the Bush administration’s assault on the body of bipartisan environmental law established over the last four decades and, by extension, on the environment itself.
As things have turned out, this is pretty much what has happened. In the last few weeks alone, federal judges at the district or appellate level have:
¶Rejected efforts to weaken protections for the national forests, including the old-growth forests of the Pacific Northwest.
¶Overturned a government plan that would have hastened the decline of endangered salmon in the Pacific Northwest.
¶Rebuffed challenges to clean air laws governing pollution from older power plants.
¶Invoked the Clean Water Act to prevent mining companies from laying waste to streams and valleys in Appalachia.
In some cases the courts have done more than just play defense. In the Supreme Court ruling on global warming two weeks ago, the court not only protected existing law but aggressively enlarged its reach, ruling that the Clean Air Act all but required the Environmental Protection Agency to regulate emissions of greenhouse gases.