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Brett Kavanaugh: “Interstate air and water pollution are matters for federal law unless Congress specifically preserves state…”

Featuring: Brett Kavanaugh, Associate Justice of the Supreme Court | National

'Why Are You Resisting That?': Brett Kavanaugh Asks Lawyer About Air And Water Pollution Difference

Published October 5, 2026

Let me finish. Well, let me finish. Milwaukee one, Milwaukee two. Willette and aep, which, as I read them together, make crystal clear that Interstate air and water pollution are matters for federal law unless Congress specifically preserves state law. that is through and through those four cases. So maybe there's a flaw in that. And actually there is one wrinkle I'm going to raise. (00:44–00:54)

STATEMENT

Asserts that federal law governs interstate pollution unless Congress allows state law to apply.

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See the main statements from Brett Kavanaugh in this video

“This court has consistently said that air and water pollution are different in our federal enclaves.”
Asserts that the court has a consistent stance on the differentiation between air and water pollution in federal contexts.00:12-00:20
“Willette did allow the Vermont affected party to sue the New York polluter under New York State law.”
Asserts that a precedent exists where a state law was used for interstate pollution litigation.01:57-02:07
“Clean Air Act is very significant in terms of the responsibilities it puts on states.”
Asserts the importance of the Clean Air Act in defining state responsibilities.03:55-04:05