Less than a week after the announcement that Justice Anthony Kennedy would retire, President Trump nominated DC Circuit Judge Brett Kavanaugh as Kennedy’s replacement. In this episode, we learn more about Kavanaugh's environmental record and what cases he'd be weighing in on if confirmed. Our guest is Melissa Powers, a law professor and director of the Green Energy Institute at Lewis & Clark Law School in Oregon.
Professor Powers also talks about Justice Kennedy’s environmental legacy.Kennedy was the swing vote in Massachusetts v. EPA, considered the most consequential ruling on climate change. Without his vote, we might still be fighting to have CO2 recognized as a pollutant at all.