Corporate Climate Change, Expose Series-Intro: Leaked memos show Supreme Court ignored climate dangers in Obama regs fight P5
- Shidonna Raven
- 5 hours ago
- 2 min read
By Alex Guillén
04/20/2026 06:48 AM EDT
Source: E & E News by Politico
Photo / Image Source: Unsplash,
The D.C. Circuit rejected Trump’s rule in 2021, paving the way for the Supreme Court to invalidate the Obama regulation in its 2022 ruling in West Virginia v. EPA.
Adler said the memos discussing the 2016 stay show Roberts and other justices were already at that time formulating their opinions on the merits of the Clean Power Plan.
“If one thinks part of the takeaway is that the court is reaching conclusions about the merits when it evaluates these sorts of applications, it certainly looks that way,” Adler said.
Legal scholars have been salivating over the leaked memos because they offer uncommon insight into how the justices deliberate behind closed doors. These types of memos aren’t typically released until after the justices have died and donated their archives.
The Obama administration estimated climate and health benefits would be worth between $55 billion and $93 billion annually by 2030, when the rule would have fully kicked in. That far outweighed the agency’s estimated annual compliance costs.
“There just seems to be an utter disregard for any benefits the Clean Air Act can achieve,” said Robert Percival, head of the environmental law program at the University of Maryland, regarding the justices’ discussion.
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