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FOR IMMEDIATE RELEASE
20 , 2005
CONTACT:
Annie Strickler (202) 675-2384

President Bush Nominates Judge John G. Roberts, Jr. to the Supreme Court

Statement by Carl Pope, Sierra Club Executive Director

"Last night President Bush nominated federal appeals court judge John G. Roberts, Jr., to the Supreme Court to replace retiring Justice Sandra Day O'Connor. The Sierra Club is reviewing Judge Roberts' record on the environment, and while we have some initial concerns, we intend to do a thorough review of his history both on the bench and as an attorney.

"The Senate has a proud tradition of fully evaluating the nominee's credentials and qualifications. We encourage the Senate to uphold that tradition as Americans deserve a thorough and fair hearing process. We also look to Judge Roberts himself to provide evidence to the American people that he is a solid choice for the nation's highest court.

"Never before has the role of the courts in protecting the environment been more important. In the next few years, the Supreme Court could decide whether citizens even have the right to weigh in on clean air, drinking water, wild lands or wildlife; and the fundamental question of whether Congress has the power to protect these natural resources.

"Any Justice confirmed by the Senate should be committed to upholding the current law of the land to protect our air, water, and natural heritage. Our analysis of Judge Roberts' record will focus on whether he has a demonstrated commitment to upholding these fundamental laws to protect our environment.

"Upon initial review, we are particularly concerned about his decisions in the following cases: his opinion in Rancho Viejo LLC v. Norton, 343 F.3d 1158 (D.C. Cir. 2003) where he strongly implied that Congress does not have the Constitutional authority to protect certain species under the Endangered Species Act, and Sierra Club v. EPA, 353 F.3d 976 (D.C. Cir. 2004), where he upheld a decision by the Bush administration to ignore the public health impacts of toxic pollution from copper smelters."

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