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Environmental Midterm Review

Environmental Midterm Review - Environmental Midterm Review...

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Environmental Midterm Review ENVIRONMENATAL POLICY PROCESS: 1. Policy formulation—designing and drafting policy goals and strategies for achieving them, which may involve extensive use of environmental science and policy analysis 2. Policy legitimation—mobilizing political support and formal enactment by law or other means 3. Policy implementation—putting programs into effect through provision of institutional resources and administrative decisions 4. Policy evaluation—measuring results in relation to goals and costs 5. Policy change—modifying goals or means, including termination of programs ENVIRONMENTAL POLICY IN THE COURTS: - Most environmental conflicts never reach a court - Dual court system—federal and state - Most envi cases begin in fed court sys b/c they’re concerned with interpretations of federal statues or the constitution - Decisions of appeals courts = precedent - Major sources of environmental law: o Constitutions (Federal and state) o Statutes (federal, state, and local) o Administrative regulations (promulgated by administrative agencies) o Treaties (signed by the president/ratified by senate) o Executive Orders (proclamations issued by presidents or governors) o Appellate court decisions Judicial Review of Agency Actions: - When an agency makes a decision, it does 3 things: o Interprets the law in question o Collects facts concerning a particular situation o Uses discretionary power to apply the law to the facts - An agency’s interpretation of the law usually demands a strong look by a reviewing court - When const. issues are of concern, judges will rarely defer to administrative interpretations - Generally, courts give less deference to an agency’s legal conclusions than to its factual or discretionary decisions - If Congress hasn’t addressed the matter precisely, then an agency may adopt any reasonable interpretation - Agency fact finding usually demands less scrutiny by reviewing courts than do legal issues - Types of review= rational basis review, an arbitrariness review, and an abuse of discretion review How Courts Shape Envi Policy: - Determine who has right to sue—standing - Plaintiffs MUST demonstrate injury in fact - Determine which cases are ready for review - And shape policy by their choice of standard of review - Shape by interpreting envi laws - Judges usually have great discretion in choice of remedy…thus affecting envi policy
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- Compliance with court orders has become 1 of EPAs top priorites—at times overtaking congressional mandates Standing and Citizen Suits: The Case of H2O Pollution Ripeness and Standard of Review: The Case of Timber Cutting
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