In a recent op-ed in The Hill, Donald J. Kochan, a professor of law and deputy executive director of the Law & Economics Center at the George Mason University Antonin Scalia Law School, discusses the Supreme Court’s recent decision in the BP v. Baltimore case and how courts are not the proper venue for climate policy.
“To preserve the crucial role of an independent judiciary in our system of government, neither state nor federal courts should be seduced into this illegitimate role,” Kochan writes. “Climate policy requires expert analysis of complex scientific matters, balancing of societal interests after transparent processes with public hearings, public comment and rigorous debate. The unfinished business for the courts is to stay out of that business. Leave that to the legislators and regulators.”