The Jurisprudence of Justice Gorsuch and Future Efforts to Address Climate Change

Following the Trump administration’s significant reshaping of the federal judiciary and a number of blockbuster Supreme Court cases during the October 2021 and October 2022 Terms, environmental law is shifting rapidly toward a more restrictive vision of federal regulation. Justice Gorsuch has been clamoring for such a revolution throughout his time on the bench. Since joining the Supreme Court, he has not only provided a crucial vote for limiting the Environmental Protection Agency (EPA)’s regulatory authority, but also advanced a radical vision of the separation of powers that would drastically alter our modern system of administrative governance. In several of his opinions, Justice Gorsuch has opposed federal regulations on quite expansive grounds, criticizing deference to agency expertise and questioning the constitutionality of delegation to administrative agencies.

He has also praised the slow trickle of congressional legislation, arguing that it is consistent with the Founders’ vision of a limited federal government.