Judge Sonia Sotomayor’s judicial record in environmental cases is not very broad, but environmental groups are praising what is known about her interpretations of environmental law, and, most likely, are heartened by what they expect from an Obama nominee. (See NY Times story here.)

Although on the 2nd U.S. Circuit Court of Appeals in New York for almost 10 years, she has seen relatively few environmental cases. One that did come before her involved the question of whether the EPA could incorporate a “cost-benefit” analysis in determining what technology to require for compliance with the Clean Water Act. Judge Sotomayor ruled that because the statute does not include such an analysis, the EPA erred by using it. The decision was later overturned by the US Supreme Court, which included Justice Scalia’s opinon that a cost-benefit analysis could be used despite the statute’s lack of specific authorization for such. (Ironic, as Scalia is usually touted as the premier “strict constructionist.")

It is unlikely, however, that a Justice Sotomayor would shift any balance of power on the high Court; if confirmed, she would replace Justice Souter, who often voted in favor of greater environmental protections. In the future, however, a “green justice” with Judge Sotomayor’s experience (as a private attorney and as a trial court judge –none of the current justices have ever been a trial court judge) could wield great influence on environmental issues. It is likely that the Court will hear cases involving climate change, the definition of “navigable waters”, endangered species, and CERCLA (Superfund) issues in the near future.