President Trump changed how America approaches trade. He used tariffs to bring back jobs, protect supply chains, and push back on China’s unfair practices. That shift worked, and the results proved it. Now, the fight is headed to the nation’s highest court, as arguments are heard this week in front of the Supreme Court.
Blue-state activists are using the courts to stall President Trump’s trade agenda. In one case, a federal judge ruled that Trump went too far under the International Emergency Economic Powers Act (IEEPA) when he used it to impose tariffs. That decision could have removed a key tool explicitly given to the President by Congress that helped protect American workers from foreign threats. That is the case headed to the Supreme Court for deliberation this week in the highest-profile fight for the America First agenda thus far.
While many hope the Justices will side with President Trump, the Administration nevertheless has plenty of tools available to hammer China and secure comparable results. One way to strengthen trade policy—both in terms of legality and efficacy—is to tie tariffs to clear unfair trade practices, like China’s abysmal pollution standards which act as an implicit subsidy. The idea is simple: if a country allows heavy industrial emissions and weak environmental enforcement, then its goods face a tariff when they enter the U.S. market.
A pollution tariff, using proven authority the executive branch has to implement tariffs to address unfair trade practices, targets countries that let factories pollute more than U.S. producers. That includes major sectors like steel, aluminum, cement, and battery components.
This approach gives American manufacturers a fairer deal. U.S. companies follow strict environmental rules. Chinese companies do not. That lets them cut corners and lower their prices. The cost of pollution is hidden in the price tag, but it is real. American jobs are lost, and global emissions increase.
Tying tariffs to emissions would empower the U.S. while weakening nations looking to undercut our industries. Countries that keep polluting would pay more to sell in our market. That protects U.S. workers and encourages cleaner production around the world, leveraging the fact that the American consumer is the most sought-after on the planet.
This strategy also creates a stronger legal foundation. Pollution affects health, safety, and national security—areas where the President already has clear authority to act.
This should be a clear mandate for the Administration: our cleaner production deserves to be central to trade policy — and the MAGA coalition understands that.
Vice President J.D. Vance has done a fantastic job of articulating this point. He has said that if you care about the environment, you should support domestic manufacturing and energy. The United States produces goods with fewer emissions than countries like China. When we build things here, the air is cleaner and our economy is stronger.
That view is shared by other officials inside the Trump administration as well. Jamieson Greer, Trump’s U.S. Trade Representative, told Congress that trade tools should respond to pollution from foreign producers. He called this kind of policy fair and necessary.
The numbers back it up. U.S. factories produce far less pollution per unit than most foreign competitors—four times cleaner than those in China. That advantage should count. If another country produces more emissions to make the same product, our policies should reflect that difference.
Trump proved that tariffs can work. He took on China, brought supply chains home, and gave American workers a fighting chance. But to ensure lasting success, the current approach may not be enough. The Administration must put forth ironclad action with clear, unassailable goals.
Executive action that ties tariffs to pollution would give America First trade policy real staying power. It would reward responsible production, hold polluters accountable, and give courts fewer reasons to interfere.
This is a clear opportunity for President Trump to reinforce what works, protect American jobs, and keep foreign competitors from gaming the system. He should act now.