MARKEY, SMITH, WARREN, ESCOBAR AND MORE JOIN TAKE BACK THE COURT ACTION FUND IN RENEWED CALLS TO EXPAND COURT BEFORE LANDMARK CLIMATE CASE WITH BROAD IMPLICATIONS

SAN FRANCISCO, CA (February 28, 2022) — Today, the Supreme Court will hear arguments in West Virginia v. EPA — a case brought before the Court by coal companies and their Republican allies in an effort to stymie the EPA’s regulatory authority and allow big corporations to pollute our air with impunity. In response, lawmakers and advocates today renewed their calls to protect our environment and our government’s ability to regulate in the public interest by expanding the Supreme Court.

A ruling to undermine the EPA’s authority wouldn’t just threaten climate protections — it would undermine the federal government’s ability to function overall. With lawmakers’ ability to delegate regulatory power to federal agencies in question, workers’ protections — from overtime pay to birth control access to vaccine mandates and other pandemic safety requirements — would also be thrown into question.

“Republicans have tried over and over again to dismantle the EPA. They’ve put fossil fuel lobbyists in control of our environmental agency. They’ve tried to repeal EPA’s authority in Congress. But with climate progress continuing to threaten their fossil-fueled business model and Big Oil buddies, they’ve now turned to the stolen Supreme Court majority to try to do what they couldn’t do through legislation and steal away our livable future. We must pass my Judiciary Act to expand the court and restore power to the people,” said Senator Ed Markey.

“As the climate crisis worsens and major weather disasters threaten the lives and livelihoods of countless American families, our country can no longer afford to look the other way. We need to take action to protect our nation’s public lands, air, and water. Expanding the Court is a crucial step in making sure our efforts aren’t blocked by six justices doing the bidding of wealthy and powerful special interests,” said Senator Tina Smith.

“The Supreme Court has been hijacked by far-right Republicans, and it could now eviscerate the federal government’s authority to fight climate change and regulate the biggest polluters in this country,” said Senator Elizabeth Warren. “Our environment, democracy, and country are under threat – it’s time for us to expand the Court to restore balance and integrity to the institution.”

“The clock is ticking on our opportunity to address the climate crisis and protect American families for generations to come,” said Congresswoman Veronica Escobar (TX-16). “We need to take action to defend the Clean Air Act and expanding the Court is a crucial step in making sure our efforts aren’t blocked by six justices doing the bidding of wealthy and powerful special interests that are harming our health and making it harder for our children to inherit a livable planet.”

“The stolen Supreme Court took this case up with clear goals in mind: to reverse decades of environmental progress, to strip the EPA of its ability to regulate the actions of wealthy and powerful polluters, and to tie the government’s hands when it comes to addressing the nation’s most pressing problems,” said Sarah Lipton-Lubet, executive director of Take Back the Court Action Fund. “Once again, the unelected right-wing supermajority on the bench is exploiting its lack of public accountability to threaten decades-old landmark legislation and undermine the government’s regulatory authority — with potentially catastrophic consequences. Expanding the Court is the only way to safeguard our nation’s environmental future.”

"The West Virginia v. EPA case has the potential to gut 50 years of bedrock environmental policy supported by Democrats and Republicans alike," said Lena Moffitt, chief of staff of Evergreen Action. "Gutting the Clean Air Act would be a galling act of disregard for settled law, and millions of Americans would suffer the health and economic consequences. If the Supreme Court sides with West Virginia, it will only serve to increase disapproval of the Court and it will further power the movement for court expansion.

For more information, check out the recent fact sheet from Take Back the Court and Sunrise Movement on the Court’s threat to environmental progress and the government’s regulatory power more broadly.