One very important question that Diane Feinstein asked of Alito yesterday was also asked of John Roberts. Currently, federal enforcement of the Clean Water Act and the ESA are dependent upon the Commerce Clause of the constitution,because they allow for federal enforcement. (more detail below)
From this link:
http://environment.about.com/...
Commerce Clause
The Commerce Clause is the foundation on which many fundamental environmental laws in the United States are based, including the Endangered Species Act, Clean Water Act, and Clean Air Act. The Commerce Clause in the U.S. Constitution authorizes Congress to regulate activities that affect commerce between the states. Because air, water and wildlife cross state borders, the federal government claims the constitution right to protect them for the benefit of all citizens.
In general, the courts also have ruled that the Commerce Clause allows the federal government to protect wetlands and species that live in only one state, because they have been seen as integral parts of larger ecosystems and important contributors to interstate economic activities such as tourism and medical research.
Environmentalists who have examined Alito's record believe that he has interpreted the Commerce Clause narrowly in some of his past rulings. One of those decisions, related to whether Congress had the right to regulate machine gun possession, was later overturned by the Supreme Court.
This is particularly important becuse of downstream/downwind issues: e.g., if one state has mountaintop mining, and another state is downstream.
Also, there is a danger of both Justices limiting the rights of environmental groups to sue.
http://environment.about.com/...
"Judge Alito has also voted to shut courthouse doors to citizens concerned about their environment," said Sara Zdeb, legislative director with Friends of the Earth (FOE).
Sara Zdeb is legislative director with Friends of the Earth.
"Citizen enforcement suits are an indispensable feature of every major environmental law, empowering ordinary Americans to sue polluters when government lacks the resources or political will to enforce the law," said Zdeb.
"In one case," she said, "Judge Alito held that FOE and other environmentalists lacked standing to sue a polluter - even though it was uncontested that the company had violated the Clean Water Act 150 times."
Very bad news.