RELEASE: Here’s what the Judiciary Committee should be asking radical green Kagan

Tuesday, June 29, 2010
Contact: Donny Ferguson, 703-200-3669 or

WTP:  Here’s what the Judiciary Committee should be asking radical green Kagan
Nation’s largest grassroots opponent of radical greens urges closer examination of Kagan’s extremist agenda

WASHINGTON – The nation’s largest grassroots opponent of environmental extremism and advocate of property rights urged members of the Senate Judiciary Committee Tuesday to more carefully examine Supreme Court nominee Elena Kagan’s radical green agenda, and how it will threaten Americans’ lives, prosperity and freedoms should she be given a lifetime Court appointment.

“There is no bigger threat to your property and liberties than a radical green extremist with a lifetime appointment to the Supreme Court,” said Donny Ferguson, WTP National Director of Media and Public Affairs.  “Barack Obama is waging an all-out war on American jobs and prosperity, and Elena Kagan is his nuclear option.”

“She’s going to the Supreme Court with marching orders – enforce the Obama administration’s radical green agenda and stop any constitutional challenges to his authority,” said Ferguson.

As creator of Harvard’s “environmental law” program and a committed radical green, Judiciary Committee members should pay careful attention to Kagan’s agenda of unquestioned government control over private property and employers.

Specifically, Judiciary Committee members should ask Kagan:

Where in the Constitution is the federal government authorized to create environmental regulations?

Do you agree the Constitution does not give the EPA the authority to issue its own regulations?

Do you agree the White House and Congress have no authority to enter into global environmental treaties that supercede state laws and constitutional limits on federal power?

Do you agree the Court violated states’ rights in its 2004 Alaska Department of Environmental Conservation v. Environmental Protection Agency ruling that stated the EPA could override state environmental regulations if the EPA feels they are not strict enough?

Do you agree the Court was in error in its 2007 Massachusetts v. EPA ruling that stated the EPA must regulate carbon dioxide as a pollutant?

Do you agree the Constitution’s “commerce clause,” which was written to prevent states from engaging in trade wars with each other, does not give the federal government the authority to create a “cap and trade” system?

The radical green community was thrilled when Barack Obama named Kagan to his administration last year.

“Under Kagan, we are likely to see the government take a less hostile approach to environmental enforcement,” a jubilant Matt Kenna of the Western Environmental Center told The New York Times upon her nomination as Solicitor General.

The Times reported “expanding regulatory enforcement of wetlands under the Clean Water Act and broadening the applicability of the Endangered Species Act to include the effects of climate change” may be at the top of her agenda.

A darling of the “green” activists who believe courts and judges should actively prosecute and punish employers, Kagan spearheaded the development of an “environmental jurisprudence” program while dean of the Harvard Law School.

“She left a nationally visible mark on environmental law at Harvard,” Jim Rossi, a visiting environmental law professor at Harvard, told the Times. “For many years, Harvard was not known for a primary expertise in the environmental jurisprudence, and that changed under Dean Kagan’s watch.”

As an advocate of aggressively using courts to legislate the radical green agenda, many of Kagan’s hires at Harvard are now shaping policy for the Obama administration.  One, Jody Freeman, is now Obama’s counselor for energy and climate change in the Obama White House.

Supported by grassroots members, WTP is a fast-growing, grassroots-supported non-profit organization dedicated to fighting environmental extremism and promoting responsible development and management of land, water, and natural resources.  For more information, go to  For more information on this issue, or to schedule an interview, contact Donny Ferguson at 703-200-3669 or at

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