Environmental issues dominated the last portion of the questioning, with Feinstein asking about the reach of the Environmental Protection Agency and the ability of citizens to sue companies for contributing to pollution and global warming. Normally, citizens can only bring cases if they have been personally “injured,” but environmental injury is a gray area.
“Do you believe it’s possible for citizens to demonstrate that environmental harms have injured them for constitutional purposes?” Feinstein asked.
“The answer is yes, much depending on what Congress does,” Kagan replied.
Sunday, July 4, 2010
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