Article

Courts, Legal Analysis, and Environmental Policy

Timothy P. Duane

in The Oxford Handbook of U.S. Environmental Policy

Published in print October 2012 | ISBN: 9780199744671
Published online January 2013 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199744671.013.0012
 Courts, Legal Analysis, and Environmental Policy

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This article reviews the role of the courts and legal analysis in relation to U.S. environmental policy. The key theme is that the courts play a vital and distinctive role in the dynamic development of U.S. environmental policy that directly affects both the power relationships among key policy stakeholders and the substantive outcomes of both legislative and regulatory processes. It emphasizes the structural features of the American judicial system and how that structure influences the dynamics of environmental policy making and implementation. It summarizes those features and describes the most important constitutional provisions and cases driving those dynamics across a wide range of substantive issues.

Keywords: environmental politics; American judicial system; policy making

Article.  9646 words. 

Subjects: Politics ; US Politics

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