Sale of oil leases on Georges Bank: the changing role of the courts in the development of public policy

Thesis/Dissertation · Wed Jan 01 04:00:00 EST 1986

OSTI ID:6568946

Fitzgerald, E A

This study examines the changing role of the courts in the development of public policy. It focuses on outer continental shelf (OCS) energy development. The hypothesis is that, in complex policy disputes, the courts do not act strictly as interest adjudicators. They also aggregate and articulate interests. Litigation is thus an intrinsic part of the political process which shapes public policy. The relevant statutes are examined in terms of the issues generating congressional action, the debates within Congress, and their impacts on OCS policy. Particular attention is devoted to the enactment of the Outer Continental Shelf Lands Act Amendments. The Department of Interior's administration of OCS development is reviewed regarding its promulgation of regulations, the establishment of leasing goals, and various studies of the program. In the 1970's, presidential decisions to accelerate OCS leasing created conflicts with coastal states, coastal communities, environmental, and fishing groups. When these conflicts could not be resolved in the congressional and administrative forums, the parties resorted to the courts to halt OCS lease sales. A systems model is utilized to analyze this litigation.

• Research Organization: Boston Univ., MA (USA)
• OSTI ID: 6568946
• Country of Publication: United States
• Language: English

Related Subjects

02 PETROLEUM
021000* -- Petroleum-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
290200 -- Energy Planning & Policy-- Economics & Sociology
294002 -- Energy Planning & Policy-- Petroleum
CONTINENTAL MARGIN
CONTINENTAL SHELF
GEOLOGIC DEPOSITS
GEORGES BANK
INSTITUTIONAL FACTORS
LAWSUITS
LEASES
LEGAL ASPECTS
MATHEMATICAL MODELS
MINERAL RESOURCES
PETROLEUM DEPOSITS
POLITICAL ASPECTS
PUBLIC POLICY
RESOURCES
SALES