The impact of federal court decisions on the policies and administration of the United States Environmental Protection Agency

Thesis/Dissertation · Fri Jan 01 04:00:00 EST 1988

OSTI ID:5193512

O'Leary, R

This work is the first comprehensive analysis of the impact of federal court decisions on the United States Environmental Protection Agency (EPA) in all seven of its major statutory areas. The work found first, that judicial intervention into disputes concerning the EPA fall into five groups: (1) cases in which the mere filing of a lawsuit, without judicial action, has evoked a changed in the EPA; (2) cases in which courts have upheld the agency's position completely without yielding changes in the agency; (3) cases in which judges, who have been passive and unwilling to intervene in the affairs of the EPA have issued decisions that nonetheless have affected the agency's policies and administration; (4) cases in which judges have legitimately used their discretionary powers to affect agency actions; and (5) cases in which judges have gone beyond the normal limits of judicial activism to evoke change in the agency. Second, the dissertation analyzed the ten ways that the EPA has responded to federal court decisions. Third, the dissertation found that the major impact of federal court decisions on the EPA has been policy related. Compliance with court orders has become the agency's top priority. Finally, the dissertation found that federal court decisions have affected the administration of the EPA in five ways.

• Research Organization: Syracuse Univ., NY (USA)
• OSTI ID: 5193512
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
ADMINISTRATIVE PROCEDURES
ADVERSARIES
DECISION MAKING
ENVIRONMENTAL POLICY
ENVIRONMENTAL QUALITY
EVALUATION
GOVERNMENT POLICIES
LAWSUITS
LEGAL ASPECTS
NATIONAL ORGANIZATIONS
US EPA
US ORGANIZATIONS