Jeffrey Bossert Clark, a lawyer who has repeatedly challenged the scientific foundations of U.S. climate policy and was part of a legal team that represented BP in lawsuits stemming from the nation's worst oil spill, the 2010 Deepwater Horizon disaster, was nominated by President Donald Trump on Tuesday to serve as the Justice Department's top environmental lawyer.
Clark, a partner in the Washington, D.C., office of Kirkland & Ellis, has represented the U.S. Chamber of Commerce in lawsuits challenging the federal government's authority to regulate carbon emissions. In court he has repeatedly argued that it is inappropriate to base government policymaking on the scientific consensus presented by the Intergovernmental Panel on Climate Change.
"When did America risk coming to be ruled by foreign scientists and apparatchiks at the United Nations?" Clark demanded in a 2010 blog posting on the EPA's endangerment finding.
Clark was prominently involved in industry challenges to the EPA's "endangerment finding" that set the scientific basis for all subsequent attempts to regulate greenhouse gases, including from autos and industrial sources. It was a demonstration of opposition to the underpinnings of the whole Obama administration regulatory approach to carbon dioxide, which were consistently upheld by the Supreme Court.
One of the legal briefs he signed is such a comprehensive compendium of thoroughly debunked denial of the scientific consensus that it stands as a classic of the genre, replete with condemnations not just of the EPA but of the IPCC, whose work the petitioners tried to persuade the court to rule out of bounds. A series of podcasts and papers he has written on The Federalist Society website continue his arguments against the endangerment finding and climate science more broadly.
"He has a long history of opposing climate action for corporate and ideological clients," said David Doniger, who heads the climate and clean air program at the Natural Resources Defense Council, after learning of Clark's nomination. "I would expect that history would require him to recuse himself from such cases as over the Clean Power Plan, where he filed an amicus brief against the rule."
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