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President Obama’s nomination of Elena Kagan to replace Justice John Paul Stevens has generated the usual questions from both sides the political spectrum, often raising more questions than answers. Kagan’s views on environmental issues will be particularly important, because as the government acts to increasingly regulate greenhouse gas emissions and institute cap-and-trade programs in the coming years, legal challenges to such issues will reach the Supreme Court with increasing frequency. As far as her stance on these issues is concerned, Kagan hasn’t expressed a clear view in favor of upholding environmental regulation, but her actions as dean of Harvard Law School should give environmentalists hope.
During her nearly six years as dean, Kagan brought Harvard’s Environmental Law program from relative obscurity to its current position as one of the best in the country. She started the school’s environmental law program in 2005, and created its environmental law clinic. In what was seen as one of the most prominent hires of her time as dean, Kagan persuaded Jody Freeman, an expert on environmental policy who served as the White House Counselor for Energy and Climate Change, to leave UCLA in order to head the program. While these actions don’t give a clear answer to how Kagan would decide important environmental issues, they do show at least a general support of environmental protection.
Kagan further showed her understanding of environmental issues in a letter in the summer 2008 Harvard Law Bulletin. In the letter she spoke favorably of moving past litigation to an interdisciplinary approach to combat what she called “the growing perils posed by greenhouse gas emissions and global climate change.” This way of thinking could hopefully turn into support for a broad range of measures to regulate greenhouse gas emissions.
Although Elena Kagan is undoubtedly not an outspoken advocate for environmental protection, her limited record should at least provide a sense of optimism. She seems to understand the importance of climate change regulation to the future of our country, and her moderate approach to the issue could help gather the five votes needed to sustain any environmental regulation that reaches the Supreme Court.
Last month an oil rig in the Gulf of Mexico exploded and caught fire. Following the initial explosion the underground pipes from the rig continued to leak oil. This has become the worst environmental disaster, in America, in the last decade, and is threatening to surpass the Exxon Valdez leak of 1989 to become the worst environmental disaster ever in America. The story has been gaining lots of media coverage and the focus of this coverage has been broad. Originally, I was impressed at how many different parts of the disaster the media was trying to cover, including: how it happened, who is responsible, how is it going to be stopped, how will it be cleaned up, who will clean it up, etc., but my optimism quickly faded as it became clear that while there was a lot of coverage about the questions surrounding the disaster, there are few answers to actually be found.
Finger pointing and passing the buck has continued to keep any positive progress on solving the problem from happening. Even after there was a Senate hearing over the cause of the disaster it is still unclear who was responsible. Everyone blames someone else down the line. It was BP’s fault, and then it was a concrete plug that wasn’t correctly poured, or a failure of a safety device and battery. While the blame game continues the leak has still not been stopped. Two attempts to cap the well have fallen short, and there appears to be no other solid strategy to seal off the leaks. It boggles my mind that with all of the attention this problem has received there has not been any new plans made or attempted to stop the leak at the source. Before the cleanup can begin it is necessary to contain the problem. The leak occurred over three weeks ago and it still has not been stopped. I believe that more attention should be turned to why this hasn’t been stopped instead of focusing on other issues, like who is to blame, which is trivial at this point and can be determined at a later time.
An important question yet to be answered is the impact that this event will have on off-shore drilling? President Obama has been pledging to make future changes between the Government and oil industry, but what will these changes entail? This has re-opened many concerns and fears about off-shore drilling, but it may still be a necessary evil because the need for oil has not decreased. It will have to continue, but how will it be improved to prevent another tragedy from occurring?
I am tired of finding all of these reports that provide nothing but more questions. Even my own rants about this issue have added nothing but more questions. Enough time has passed, and I am ready for solutions.