Sotomayor's Record Could Give Environmentalists Hope, Business Leaders Pause

With lawmakers and interest groups poring over the Supreme Court nominee's decisions, some are drawing attention to her scant, but potentially revealing, environmental record.

One case in particular, for which Sotomayor authored an opinion in 2007, could come up during the Senate's summer confirmation hearing.

Add that to the host of cases that critics and supporters say shed light on Sotomayor's stances on abortion, discrimination, gun control and other hot-button issues.

The 2007 case pitted environmental groups against the Environmental Protection Agency, which at the time was willing to allow a cost-benefit analysis for decisions power plants make when upgrading technology aimed at protecting the environment -- in this case, to protect fish in waterways impacted by the plants.

But Sotomayor ruled that, according to the relevant statute, the EPA must consider the best technology available -- and cannot factor into the equation the billions it would cost businesses to comply.

"The statutory language requires that the ... selection ... be driven by technology, not cost," read the opinion from the 2nd Circuit Court of Appeals.

I don’t think the left truly realizes the building anger in rural areas. It was bad during Clinton, but we held our breaths until it was “over” and then celebrated. Unfortunately, by that time Clintonistas were firmly entrenched in the bureaucracy. The Bush administration marked time. We saw the battle at the headgates in Klamath Falls, but there was little they could do because of the career enviros in the agencies.

Now, it appears that the Obama Adminstration is poised to charge full force down our throats with extreme environmentalism. Already, in my district, enviros are proposing another huge national monument (Siskiyou Crest) to “preserve” a hundred plus mile stretch along the Klamath River. We are already coping with federal and state endangered species listings, Clean Water Act TMDLs and a movement to rip out our dams.

I feel like we have been under seige for decades. They have closed down our forests, are about to close down our suction dredge mining and our farmers and ranchers are holding on by their finger tips. Our economy is being dismantled in front of our eyes and we seem helpless to stop it. I truly think people are just casting about to find a productive direction in which to vent their anger and when they do, it will explode.

What we don’t need in any more straws on the camel’s back.

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