Don’t despair.

Yes, the incoming Trump administration is signaling it will toss environmental protections to the curb. But we will challenge that agenda in court. And many of those legal battles will play out in federal courts, under federal laws like the Clean Water Act and the Clean Air Act.

Despite the Supreme Court’s aggressive deregulatory agenda, there are reasons to feel positive about the strength and fairness of the federal court system. Here’s why the 200-plus lawyers at Earthjustice remain confident that the courts are a place where we can mount an effective defense of the environment.

1. It’s not all about the Supreme Court.

Although the right-wing Supreme Court commands a great deal of public attention, only a very small number of cases ever make it there.

More than 99% of federal cases are resolved in the lower courts – where some of the most qualified and fair-minded judges in history currently preside.

Federal cases are initially tried in one of 94 regional district courts. District court rulings can be appealed to one of 13 circuit courts. From there, cases can be appealed to the Supreme Court – but unlike circuit courts, the Supreme Court is not required to hear every case submitted to it. In the 2023-2024 term, the Supreme Court agreed to hear only 62 cases.

When we look at the lower courts – the district and circuit courts where most federal cases are resolved – we’re seeing an encouraging trend:

2. Biden has made progress in rebalancing the lower courts.

A quarter of currently active federal judges have been appointed by President Biden. The Senate has confirmed 215 of his nominees so far and is set to consider another 26 in the coming months.

Biden’s appointees are mainstream legal thinkers who respect settled law, including the strong legal precedents that Earthjustice has built over the last 50 years.

The judges appointed by Biden are also the most culturally and professionally diverse in history. Nearly two-thirds are women, and nearly two-thirds are people of color. They include lawyers who have worked in the public interest, such as public defenders and civil rights lawyers.

3. We have a record of winning before courts of all kinds.

Earthjustice filed more environmental lawsuits on behalf of clients against the first Trump administration than any other public interest law group. We achieved an 85% win rate. And since then, Biden has appointed many more fair-minded, mainstream judges who will respect our robust environmental laws.

Even in the toughest venues, we’ve proven we can win; in 2020, we won a landmark Clean Water Act case before the Supreme Court.

Federal courts are not the only arena where Earthjustice takes a stand:

• We also file suits in state courts.
• We litigate in administrative venues like public utility commissions, which often decide how our power gets generated.
• We deliver legal advice and guidance to state lawmakers and regulators who need help setting the rules of the road for the clean energy transition.
• And, because the environment has no borders, we partner with organizations around the world to establish and defend protections for the health of the planet and its people.

But federal courts remain a key part of our legal strategy – and we’re prepared to take the fight there under the Trump administration. We hope you’ll fight alongside us.