The nomination of Judge Samuel A. Alito, Jr., to serve
on the Supreme Court has prompted close scrutiny of his judicial opinions during 15 years as an
appellate judge. A review of the 34 opinions in environmental cases in which Judge Alito
participated generally reveals careful reasoning based on straightforward readings of statutes or
regulations, without broad philosophical assertions. At the same time, a small number of his
opinions arguably suggest endorsement of larger jurisprudential principles that may present hurdles
to environmental plaintiffs (through narrow interpretation of a constitutional standing requirement),
government enforcement (through stringent evidentiary requirements), and congressional legislating
(through a narrow reading of the Commerce Clause).