The Senate Judiciary Committee will hold a hearing tomorrow on the nomination of Brett Kavanaugh to a lifetime seat on the United States Court of Appeals for the District of Columbia Circuit.

The D.C. Circuit’s unique jurisdiction over national clean air, clean water and other safeguards makes the court the second most powerful environmental court in the country, surpassed only by the Supreme Court. In response to tomorrow’s scheduled Committee hearing, Earthjustice has submitted to the Senate Judiciary Committee a September 23, 2002 letter explaining, on behalf of the more than one million members of 16 national environmental organizations, the special importance of the DC Circuit, and the need for the Senate to take particular care in reviewing nominees for seats on the DC Circuit bench.

Mr. Kavanaugh’s nomination raises very serious concerns due to his relative lack of relevant trial, appellate or academic scholarship experience for this critically important court. In addition, his actions during his 2 ½ year tenure as Associate Counsel and Senior Associate Counsel in the Office of White House Counsel, where he worked on the nomination and confirmation of federal judges, suggest that he has been chosen more for his personal and political views than for his qualifications for the bench.

“The Bush administration has nominated a series of anti-environmental extremists to lifetime federal judgeships including to the critically important DC Circuit Court of Appeals,” said Glenn Sugameli, senior legislative counsel for Earthjustice. “The Senate should thoroughly review Mr. Kavanaugh’s role in selecting these activist judges, and consider carefully whether he is likely to become an activist judge himself.”

Earthjustice urges the Committee to fully explore and carefully consider Mr. Kavanaugh’s record, particularly his role as White House Counsel, responsible for vetting a number of the judicial nominees whom Earthjustice has opposed due to their extreme anti-environmental activism and related issues (more details)

Letter from Earthjustice expressing concerns about the nomination of Brett Kavanaugh to the DC Circuit.