In response to reports that Justice Stephen Breyer plans to retire, opening the door for President Biden to make his first appointment to the Supreme Court, Evergreen Action Executive Director Jamal Raad released the following statement:

“As the last remaining member of the majority in the landmark case of Massachusetts v. EPA, Justice Stephen Breyer’s departure will create a void that must be filled with a nominee who will uphold the laws that protect our air, water, climate, and health. Throughout his tenure, Breyer has been a pragmatic and fair jurist on matters of environmental regulation. As he approaches retirement, it is critical that President Biden name a replacement who is prepared to carry forward that important legacy.

“As the court prepares to hear oral arguments in West Virginia v. EPA next month, it’s never been more clear that we need justices who will preserve long-established environmental laws in the face of escalating attacks from polluters. 

“This nomination won’t undo the years of damage caused by Republicans politicizing the Court and blocking qualified Democratic nominees. That only increases the stakes for the nomination to fill Breyer’s seat. President Biden must nominate a champion for climate, clean energy, and environmental justice, who will uphold the nation’s bedrock climate laws.”

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