A project of Earthjustice and Community Rights Counsel, Judging the Environment conducts research to advise the environmental community and to educate the public on the importance of lifetime federal judicial nominees. Earthjustice is urging the President and the Senate to consider fully each prospective judge's record and views on critical legal issues. Careful review is essential to ensure fairness and a proper respect for both the rights of average Americans and Congress's ability to enact environmental safeguards.

Judicial appointments rarely are thought of as an environmental issue, but they have become an environmental priority. Because so many environmental enforcement issues end up in court, federal judges play a crucial role in deciding not only how to interpret and enforce, but also whether to uphold or strike down, the laws that protect our nation's clean water, clean air, communities, and special natural places. Unfortunately, activist judges often place their interests first and prevent laws from being carried out as Congress intended.

As Presidential appointees, judges must be confirmed by the Senate. Once confirmed, every federal District (trial) Court, Circuit Court of Appeals, and Supreme Court judge holds the position for life, giving every confirmation long-lasting impact. To preserve the integrity of the federal judiciary, each nominee must base decisions on fairness and honesty, not hostility to balanced safety, heath, and environmental protections.

Never before have the stakes been higher. With many key vacancies in the lifetime federal judiciary, there is dangerous potential for an extreme, ideological reshaping of the courts, instead of an effort to place in power judges who make decisions based solely on the law. A growing number of judges already serving on the federal bench are exceeding their proper role by rewriting laws passed by Congress, in order to serve their own personal preferences. A few more judges out of this mold will tip the balance in many courts and seriously weaken, if not nullify, many of our landmark environmental statutes.

Learn more about the issues the Judging the Environment team is working on now.