From Emily Stevenson, Environmental Defense Fund <[email protected]>
Subject What Justice Barrett’s confirmation means for the environment
Date October 27, 2020 11:02 PM
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Two issues loom large in the new SCOTUS. Triple your impact when you donate to EDF's Climate Legal Defense Fund.

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Last night, the U.S. Senate voted to confirm Judge Amy Coney Barrett’s nomination to the Supreme Court.

Today, she was formally sworn in and could now begin weighing in on cases as soon as this week.

If you’re wondering what this means for the environment, and how you can act to make a difference, read on for our experts' insights below.

But first, John, you should know that the best way to make an immediate difference in this fight is by donating to our Climate Legal Defense Fund:
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Your contribution will provide urgently needed resources to strengthen lawsuits in defense of climate action that are already in the courts and working their way up to the new SCOTUS.

To make your gift go as far as possible, we've launched our Year-End $2-for-$1 match campaign early. That means your gift to our Climate Legal Defense Fund will be tripled in value - and the more you give, the more matching dollars you'll unlock.

Donate $25 (Value: $75):
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Donate $50 (Value: $75):
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Donate $100 (Value: $75):
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Donate $500 (Value: $75):
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From researching legal precedent, to drafting rigorous legal briefs and motion, to building a broad and diverse coalition of allies, bringing a successful lawsuit is an incredibly labor-intensive effort.

Here are two ways we'll keep working to protect bedrock environmental law:

#1 - Demonstrating we have the right to sue. Legal standing addresses the question of whether or not a particular plaintiff has the right to bring a particular lawsuit.

Based on her previous rulings, our experts are concerned Justice Barrett may limit access to the courts, impeding the essential rights of those who are injured to hold the government or polluters accountable under the law.

If access to the courts is constrained, executive agencies like EPA could recklessly endanger our health without legal action and judicial review to enforce our nation’s landmark environmental laws.

We can’t let that happen. We must be vigilant in protecting access to the courts to remedy harms to human health and the environment.

Our legal team will be working harder than ever to make the strongest possible arguments for standing, to ensure that new lawsuits get their day in court.

#2 - Protecting the long-standing Supreme Court ruling that climate pollution is air pollution. The Supreme Court has repeatedly ruled that climate pollution is an air pollutant under our nation’s clean air laws.

Justice Barrett’s commitment to follow previous judicial rulings, a doctrine called stare decisis, is called into question by her writings.

More than thirteen years ago, the Supreme Court affirmed EPA’s statutory responsibility to interpret the “capacious” term “air pollutant” under the Clean Air Act to include climate pollution.

This precedent and other pillars of U.S. environmental law must be respected to ensure our nation’s laws continue to protect Americans’ health and well-being.

We will be vigilant in protecting this vital legal precedent – now and for generations to come.

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Although Justice Barrett’s confirmation brings new challenges and obstacles, it's not our style to give up when things get tough.

We still see a path to saving our critical climate protections from repeal, and we will continue down that path with more determination than ever.

Thanks to a $2-for-$1 match, your gift will have three times the impact, ensuring clean water, clean air, and a safer climate future for all:
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Even if we have to walk uphill both ways, we will never stop fighting to protect our right to a cleaner, healthier, more livable world - for ourselves today and for generations to come.

Thank you for fighting with us,

Emily Stevenson
Manager, Online Membership

P.S. We offer two different ways to claim your $2-for-$1 match: all at once or over time. If you prefer to spread your support out over a year with a monthly gift, your first 12 gifts will be matched. Start a monthly gift today to triple your impact for the next full year:

Donate $10 monthly (First-year value: $360):
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Donate $20 monthly (First-year value: $720):
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Donate $35 monthly (First-year value: $1,260):
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Donate $50 monthly (First-year value: $1,800):
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