Neoliberalism as a Policy Determinant: A Rhetorical Analysis of Neoliberal Influence in Supreme Court Cases Involving Environmental Regulation

Abstract

Neoliberalism is an ideology that prioritizes market rationality, self-responsibility, and economic interests. Neoliberalism has been used to promote environmental solutions, but also to undermine social good. This study seeks to situate two recent environment and public health related Supreme Court cases, West Virginia v. EPA (2022) and City and County of San Francisco v. EPA (2025) within a neoliberal framework. I analyzed two case studies in order to identify the ways this powerful ideology is used in policy debates on a national stage. I examined the court opinion, concurrence, and dissent statements from each court case by identifying phrases that concur with a neoliberal ideology. I then analyzed a petition for writ of certiorari and respondent brief from each case to gain an understanding of neoliberal influences in the original court documents.