A federal agency has quietly removed a chapter on climate science from a key reference manual used by judges across the United States. This decision follows pressure from a coalition of 27 Republican state attorneys general who formally complained about the chapter’s inclusion. The manual, published by the Federal Judicial Center (FJC), is designed to help judges navigate complex scientific questions that arise in court.
Rising Climate Litigation & The Need For Scientific Understanding
The move comes as climate-related litigation rises sharply in U.S. courts. Judges are increasingly tasked with resolving disputes where scientific understanding of climate change is critical. The FJC manual previously provided judges with essential background on the science behind global warming, its causes, and observed effects. The removal of this chapter leaves jurists with less direct guidance on a rapidly growing area of law.
The Chevron Deference & Increased Judicial Burden
The timing of the removal is significant. In 2024, the Supreme Court overturned the “Chevron deference” principle, which historically allowed courts to defer to the expertise of federal agencies on scientific matters. This ruling has placed greater responsibility on judges to independently assess scientific evidence. The absence of the climate science chapter in the FJC manual now intensifies this burden.
Lack of Transparency
The FJC director, Judge Robin L. Rosenberg, confirmed the chapter’s deletion in a letter to West Virginia Attorney General John B. McCuskey, who released the correspondence publicly. No further explanation was provided, and the agency declined to comment on the decision. The removal was made from the digital version of the manual, raising questions about how judges will be informed about this change and if hard copies will also be updated.
The decision to remove this chapter is a clear signal of the growing political influence over scientific resources used in the judicial system. As climate litigation continues to expand, judges now face increased pressure to understand complex scientific issues without the benefit of a dedicated, federally-supported reference guide.
