The judicial system in the US has played a pivotal role in environmental policy and politics. Its principal task has been to interpret and provide substance to rules and regulations, and to require various actors to fulfill their legal commitments. The federal courts have given scope and substance to the National Environmental Policy Act, and established guidelines for the necessity, content, and timing of environmental assessments and environmental impacts statements. The courts have also strengthened the scope and impact of many environmental protection statutes and programs—i.e., Clean Air Act, Clean Water Act. They have also generally supported and expanded public participation in setting environmental policy. The judiciary’s role in environmental policymaking has proved controversial for a number of reasons. Two of the most notable are that judges are unelected, and thus able to ignore or are unaware of political realities, and that judges lack the expertise necessary to address complex scientific issues and problems. The result, it is argued, is environmental policy designed and implemented by amateurs.

Objectives

After completing this week’s web-lectures, readings, assignment, and participating in the on-line discussions you will have a better understanding the important role of the judiciary in setting environmental policy,  and how this role has often been awkward for the court system.