Op-Ed Available for Background on Roberts and Environmentalism

September 2005

In an effort to aid reporters covering this week’s confirmation vote on Supreme Court Justice nominee John Roberts, the Environmental Law Institute® is releasing the linked column by ELI President Leslie Carothers, in advance of its publication in ELI’s policy journal The Environmental Forum.

The Forum piece, entitled Opening Argument: A Chief Justice Already Testing Environmental Law’s Pillars develops perspectives on the future of environmental protection in America under a Roberts Court.

Specifically, Ms. Carothers discusses Judge Roberts’ past actions and opinions which, at times, have run counter to the traditionally regarded “four pillars” of national environmental protection: national laws that establish minimum standards for addressing nationwide problems; cooperative sharing of federal power with the states; latitude for state governments to experiment and innovate; and citizen participation in enforcing decisions at both federal and state levels.

The issues laid out will be equally relevant to a second nominee, so the column is being provided as background for use in future coverage as well.

Prior to her term as President of ELI, Leslie Carothers served as the Vice President for Environment, Health and Safety for United Technologies Corporation and was the Commissioner of Connecticut’s Department of Environmental Protection. She also held senior legal positions with the US Environmental Protection Agency, PPG Industries, and has taught at the Yale School of Forestry and Environmental Studies.

Ms. Carothers may be scheduled for interviews by contacting John Thompson, ELI Director of Communications, at 202-939-3833, or thompson@eli.org.

In addition to Ms. Carothers, ELI Senior Attorney Jay Austin is available for comment or interview on matters concerning the changing landscape of the American Judiciary with respect to environmental protection. Mr. Austin is the Director of the Endangered Environmental Laws Program (http://www.endangeredlaws.org). Residing in Portland, OR, he may be reached at austin@eli.org, or 202-558-3103.