The Jurisprudence of Justice Gorsuch and Future Efforts to Address Climate Change
Document Type
Article
Publication Date
2024
Abstract
Part I of this Essay describes Justice Gorsuch’s views on federal regulatory authority, particularly his writings on delegation and deference to agencies, and assesses their implications for federal climate action. It argues that Justice Gorsuch is deeply skeptical of government intervention on matters that require collective action as well as scientific and technical expertise, which is likely to pose serious problems for efforts to address environmental threats like climate change if his fellow conservative justices adopt them. Part II then turns to Justice Gorsuch’s opinions on state authority to address environmental and public health issues, such as hazardous waste and animal welfare. It argues that the justice’s record on these cases suggests that he may provide a crucial vote in support of state authority to protect the public and natural resources from climate harms.
Recommended Citation
Rothschild, Rachel, "The Jurisprudence of Justice Gorsuch and Future Efforts to Address Climate Change" (2024). Public Law & Legal Theory Working Papers. 54.
https://repository.law.umich.edu/pub_law_archive/54