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

By Rosemary O'Leary

Environmental Change examines the impression of countless numbers of federal court docket judgements at the rules and management of the EPA in view that its inception in 1970. Having surveyed over 2,000 federal court docket judgements, Rosemary O'Leary offers case reviews of 5 vital coverage components: water caliber, insecticides, poisonous elements, air caliber, and dangerous wastes.

Compliance with court docket orders, O'Leary chanced on, has develop into one of many EPA's best priorities, every now and then overshadowing congressional mandates and the authority of EPA administrators.

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

Environmental Change deals helpful details within the fields of public coverage and environmental law.

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Extra resources for Environmental Change: Federal Courts and the EPA

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Copyrighted Material 24 Chapter Two The Flannery Decision Challenge In response to previous failures to control water pollution, in 1972 Congress passed amendments to the Federal Water Pollution Control Act (FWPCA), later renamed the Clean Water Act (CWA) ,1 with explicit requirements, goals, and deadlines for the EPA to follow. 2 Regulation under the toxic pollutant section was specifically mandated to proceed on a pollutant-by-pollutant basis, rather than on the industry-byindustry basis that was required by most other sections of the act.

Moreover, because environmental problems cut across so many jurisdictions and the EPA is forced to work with a myriad of federal agencies, many believe that the independence of the agency is essential. , and ten regional offices. Although the agency was originally conceived as an organization molded around "functional" administrative offices (such as research and monitoring, planning and management, and standards and compliance), it has evolved into a combination of functional and programmatic units (see Figure 2).

In 1974 Congress created a new drinking water program, and in 1976 both a toxic substances program and a hazardous waste program were born. In 1980 Congress enhanced the agency's capacity for cleaning up hazardous wastes by creating the national Superfund program. Copyrighted Material Setting the Stage 13 Seven major environmental laws enacted by Congress are implemented by the EPA: 1. Clean Air Act (CAA) 2. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA o r Superfund) as amended by the Superfund Amendments and Reauthorization Act (SARA) 3.

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