Advocates Call for Federal Judges with Environmental Law Backgrounds

President Joe Biden's efforts to diversify the federal bench have not yet included a nominee with a career in environmental law, which progressive and environmental advocates call for. This reflects a need for federal judges with ecological law experience, particularly for non-profit or public interest groups. While Biden has prioritized judicial nominations that bring both demographic and professional diversity, including public defenders and those with backgrounds in voting and civil rights backgrounds, advocates would like to see more nominees with environmental backgrounds. Environmental cases, including those related to climate change mitigation, are becoming increasingly common and complex, making it essential to have judges with a deep understanding of environmental law.
 

Lack of Environmental Law Experience among Federal Judges Concerns Advocates

According to an October 2021 article by Maggie Jo Buchanan for the Center for American Progress, none of the appellate judges had worked with a nonprofit specializing in environmental work, and few had worked for the government in environmental law. Moreover, no federal judge at the district or appellate level had significant experience in public interest environmental work representing ecological justice groups in clean air or water issues.

The absence of nominees with environmental law experience reflects a shortage of federal judges with such a background. Advocates assert that nominees with environmental backgrounds are essential in deciding ecological cases, which can be highly complex and multifaceted.

Rakim Brooks, president of the progressive Alliance for Justice, speculates that corporate interests might keep them from the bench, often at odds with environmental lawyers in court.

The League of Conservation Voters is working to ensure policymakers include environmental law in judicial nominations and support lawyers with the environmental experience to get into the nomination process. Advocates emphasize that including ecological perspectives on the bench is vital as environmental cases, including climate change litigation, continue to grow in number and complexity.

The White House did not comment on the possibility of nominating a judge with environmental law experience.
 
Importance of Diverse Experiences in Federal Judicial Nominations

A recent article highlights the need for federal judges with backgrounds in environmental law, particularly for public interest groups. Advocates are pushing for President Biden to prioritize more diverse experiences in his judicial nominations, including those with careers in environmental law. However, a review of Federal Judicial Center data found few appellate judges with experience working for the government in environmental law and none with experience working for the Environmental Protection Agency.

Advocates Emphasize the Need for Ecological Perspectives in Environmental Cases

Traditionally, nominees for the federal bench have come from backgrounds in US attorney offices or significant law firms, not public defense or public interest. Amy Steigerwalt, a political science professor at Georgia State University, attributes this to people selecting judges tending to choose nominees with careers that resemble theirs. However, there is a growing recognition of the value of diverse experiences.

The Alliance for Justice and other progressive judicial advocates have praised Biden's nomination of Rachel Bloomekatz, a public interest lawyer with some environmental law experience, to the US Court of Appeals for the Sixth Circuit. However, critics caution against selecting candidates who have only represented one side of issues, such as environmental plaintiffs.

Some speculate that potential opposition from corporate interests may prevent public-interest environmental lawyers from being appointed to the bench. Organizations like the League of Conservation Voters are working to ensure that ecological law is included in conversations about judicial nominations and helping lawyers with that experience become potential candidates for judgeships.

The White House has not commented on the prospects of nominating someone with a background in environmental law. Still, advocates hope that a more diverse bench will lead to better decisions on environmental justice, climate change, and pollution cases.