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Judge Garland’s Environmental Decisions

July 2016

Citation: ELR 10552

Author: Barry Kellman

Judge Merrick Garland’s nomination to the U.S. Supreme Court raises a question for environmental lawyers: What perspectives and predilections with regard to environmental litigation would he bring to the Court? This Comment reflects on Judge Garland’s environmental law opinions in the U.S. Court of Appeals for the District of Columbia (D.C.) Circuit: his opinions for the court, his dissents, and his concurrences. The author focuses on eight cases that inform consideration of how deferential a Justice Garland might be to EPA as well as other federal agencies, and whether he is more or less sympathetic to the claims of environmental advocates than industry interests.

Barry Kellman is Professor of Law at DePaul University College of Law.

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