Get Environmental Change: Federal Courts and the EPA PDF

By Rosemary O'Leary

ISBN-10: 1566390958

ISBN-13: 9781566390958

Environmental Change examines the effect of thousands of federal court docket judgements at the guidelines and management of the EPA for the reason that its inception in 1970. Having surveyed over 2,000 federal courtroom judgements, Rosemary O'Leary provides case stories of 5 very important coverage components: water caliber, insecticides, poisonous ingredients, air caliber, and dangerous wastes.

Compliance with court docket orders, O'Leary stumbled on, has turn into one of many EPA's most sensible priorities, now and then overshadowing congressional mandates and the authority of EPA administrators.

For an supplier frequently stuck among the White residence and Congressional agendas, the competing pursuits of and environmental teams, and turf battles with different federal organizations, O'Leary argues, judicial determination making is essential within the public coverage process.

Environmental Change deals necessary info within the fields of public coverage and environmental law.

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25 Congress accepted the new water policies byendorsing the consent decree's approach to the control of toxic pollutants and writing several parts of the decree into the act. In debating the bill, Senator Muskie told the Senate: Another, and possibly more important, reason for maintaining the BAT [best available technology] requirements is that the Agency currently has a major program underway of using BAT to control toxics. Technology-based effluent limitations are being developed which will place limits on toxic pollutants which pose or are likely to pose human health and ecological hazards.

64 In the affidavit, the EPA assured the court that by November 2, 1982, it would be able to promulgate all previously proposed rules and to propose all other regulations under development. The agency also filed several affidavits justifying the exclusion of certain substances from regulation, as required by the consent decree. As required by the court, the EPA explained in detail the steps it had taken to streamline the implementation process for the consent decree "to an even greater degree than the Agency preViously thought was feasible.

The EPA in Court: The Players The enforcement strategy of the EPA was developed by the agency's first administrator in the early 1970s. Formerly an attorney with the Justice Department, Ruckelshaus brought with him a preference for aggressive enforcement of environmental laws through the courts. The agency attorneys were initially on the offensive and deliberately sought to win court victories to send a message to polluters and to the general public. At first industry officials were reluctant to challenge the EPA at every turn, fearing that they might generate a negative public image.

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Environmental Change: Federal Courts and the EPA by Rosemary O'Leary

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