The top lawyer at the Environmental Protection Agency was cheered by President Obama’s nomination of Judge Merrick Garland to the Supreme Court, noting his environmental credentials after being told the news.
According to an email obtained by America Rising Advanced Research through a Freedom of Information Act request, Avi Garbow, general counsel at the EPA, reacted favorably to being told of Garland’s nomination.
After being sent notes from a Cabinet meeting on March 16 during which White House Chief of Staff Denis McDonough told top officials of Garland’s impending nomination, Garbow said Garland is “eminently qualified” and noted his pro-environmental views.
“By so many accounts, Chief Judge Garland is eminently qualified and will be an exceptional nominee,” Garbow wrote in the email. “He also happened to be on the panel that both upheld [Mercury and Air Toxic Standards] prior to [Supreme Court] review, and also voted for remand without vacatur more recently.”
The “remand without vacatur” ruling refers to a decision by the D.C. Circuit Court of Appeals to leave the Mercury and Air Toxic Standards in effect while the regulation was sent back to the EPA for changes demanded by the Supreme Court.
The email shows the EPA is clearly enthused by Garland’s nomination because he’s likely to back them up on the many court challenges to their regulations, said Jeremy Adler, communications director for American Rising Advanced Research.
“It’s no surprise that the EPA would do cartwheels after hearing about Merrick Garland’s nomination because they know he will be a reliable vote in favor of more burdensome regulations and energy policies that crush the private sector,” Adler said.
“Fortunately, Senate Republicans understand that the American people deserve to have their voice heard on the Supreme Court and ensure that President Obama does not cement a liberal majority for the next generation.”
The EPA did not immediately respond to a request for comment.
