The panel discussion at Harvard University’s Sanders Theatre on the future of U.S. climate law highlighted both challenges and reasons for optimism amidst the evolving landscape of environmental policy.
Moderators Richard Lazarus and Jody Freeman, along with a panel of experts, acknowledged significant hurdles facing environmental legislation, particularly emanating from the U.S. Supreme Court’s conservative majority. Despite these challenges, they emphasized ongoing progress and potential pathways for advancing climate action.
Abigail Dillen from Earthjustice underscored the recent advancements under the Biden administration, noting substantial investments in clean energy and robust regulatory measures. However, she cautioned against complacency, citing the need for cohesive political action to counterbalance potential Supreme Court opposition.
Victoria Arroyo, from the Environmental Protection Agency (EPA), echoed optimism, highlighting achievements like stringent emissions standards and expanding electric vehicle adoption in the U.S. Postal Service. She expressed confidence in forthcoming regulatory agendas aimed at addressing additional environmental concerns.
Former U.S. Solicitor General Don Verrilli offered a more cautious perspective, noting the Supreme Court’s shift towards scrutinizing executive regulatory powers, potentially undermining proactive environmental policies. He highlighted the Court’s adoption of the ‘major questions doctrine’ as pivotal in this regard.
Jody Freeman raised concerns about a broader trend within the Supreme Court, suggesting a systematic challenge to established regulatory frameworks beyond just environmental laws. Panelists agreed that while challenges exist, state-level initiatives and public pressure continue to drive environmental progress.
Roger Martella of GE acknowledged the transformative impact of recent legislative measures like the Inflation Reduction Act, emphasizing their role in catalyzing private sector commitments to sustainability. He also noted the resilience of such laws against potential repeal efforts depending on future political dynamics.
Mary Nichols highlighted the promising role of states in advancing environmental policies, noting collaborative efforts among various states despite industry concerns over regulatory inconsistencies.
In conclusion, despite uncertainties posed by judicial and political landscapes, the panel maintained an overall optimistic outlook. They emphasized the resilience of current environmental policies and the potential for continued progress through strategic collaborations, state-level initiatives, and sustained public engagement.
The discussion underscored the complex interplay between federal policies, judicial review, and grassroots movements in shaping the future of U.S. climate law.