Former President Donald Trump can jot down yet another win in his book as the US Supreme Court has sided with his former administration in a case involving steel tariffs. This decision is expected to have wide-reaching effects on climate change lawsuits and environmental regulations across the nation as a whole.
USP Holdings, a company that imports steel, argued that the decision by Trump’s administration to impose tariffs was improper and appealed their case to lower courts, all of which were turned down.
The Biden Administration opposed USP Holdings’ claims that the tariffs had caused them harm while maintaining much of the same level of tariffs put in place by President Trump.
Scott Paul, president of Alliance for American Manufacturing commented “Biden administration understands that simply lifting steel tariffs without any solution in place, particularly beyond the dialogue, could well mean layoffs and plant closures in Pennsylvania and in Ohio and other states where obviously the impact would be felt not only economically but politically.”
In April 2017 after citing Section 232 from the Trade Act 1962 allowing Presidents to restrict goods considered essential to national security (airplanes ships etc.) then-Commerce Secretary Wilbur Ross initiated an investigation into whether or not steel imports threatened national security – this being one of many decisions made by President Trump surrounding trade policy during his presidency.
Despite no explanation given for their decision there are potential implications this ruling has on future legal cases involving climate change especially those filed against major companies seeking billions of dollars for damages related to past present & future environmental damage.
Boyden Gray who served as counsel to VP Reagan & White House Counsel under George H. W. Bush wrote an opinion piece regarding how federal courts struggle agree on if these cases should be decided by state or federal law suggesting it may be up for SCOTUS decide this term: “For over a century, the Supreme Court has held that lawsuits over air (and water) pollution that crosses state lines must be decided under federal law. This means overreaching states and cities cannot impose their environmental agendas on their neighbors or otherwise hijack the domain of federal environmental law, federal regulations, and international treaties.”
Gray continued on:
“The Supreme Court unanimously extended this principle in American Electric Power Co. v. Connecticut (AEP). That case, decided in 2011, involved federal-law claims by eight states, New York City, and others to compel certain power companies to abate their greenhouse-gas emissions. In an opinion by Justice Ruth Bader Ginsburg, the court concluded that applying federal law was appropriate, then agreed with the Obama administration that those claims couldn’t proceed in court at all because Congress has delegated the regulation of greenhouse-gas emissions to the Environmental Protection Agency (EPA) under the Clean Air Act.”
To progressives and those looking to use laws to “stick it” big companies name climate change Gray warns SCOTUS will likely deliver a crushing blow this term putting hold what they deem excessive abuse power or violation rights individuals states businesses etc.