Justice Ruth Bader Ginsburg Leaving a Legacy of Environmental Progress
by Andre Zendejas The September 2020 passing of Justice Ruth Bader Ginsburg is one that leaves a broad sense of uncertainty in the realm of environmental law, a realm once occupied by a woman who championed environmental reform amid a sea of opposition. Ginsburg, best known for spearheading key decisions in gender equality and women’s rights, was the longest serving liberal judge to sit on the Supreme Court. Throughout her 27 years on the court, the core of Ginsburg’s cultural and legal popularity became centered around women’s rights. Yet she also pushed for more comprehensive environmental law. During her time as a Supreme Court justice, 37 Fall 2020 / Perennial
Ginsburg cast her vote on a plethora of environmentally-focused cases. One important case was Massachusetts v. Environmental Protection Agency (2007) in which Ginsburg’s deciding vote bestowed the EPA with the power and authority to regulate greenhouse gas emissions from automobiles. She also contributed to the landmark decision in Whitman v. American Trucking Associations (2001), which upheld the EPA’s ability to set national air quality standards for smog and soot without consideration for the associated economic costs. This decision helped to preserve the EPA’s ability to address climate issues and set a foundation for future environmental policy.
