The Supreme Court and Environmental Law: A Whole New Ballgame?

July 1984
Citation:
14
ELR 10262
Issue
7
Author
Phillip D. Reed

The recently completed 1983-1984 Term of the Supreme Court has been labeled a sweeping victory for the Reagan Administration and conservatives on the Court.1 Though only a few of the Court's decisions dealt directly with the substance or practice of environmental law, they largely reflect the conservative trend and hint at possible fundamental changes in the implementation of environmental law. The administration triumphed in most of the environment-related cases, winning freedom to lease outer continental shelf (OCS) oil without adhering to state coastal zone management plans, to allow industry greater flexibility to modernize in areas with unhealthy air quality, and to use and disclose industry health and safety data in registering pesticides. Environmentalists' victories mostly came in the Court's decisions not to review certain cases. The opinions issued give some impetus to the Reagan goals of new federalism, regulatory reform, and cost-benefit decisionmaking. The one goal arguably on the conservative agenda that is clearly not served by the decisions is enhanced protection of private property interests. The most significant developments for environmental law as a result of the Court's apparently increasing conservatism will be changes in judicial review of agency rulemaking and a tendency of the Court to force the balancing of environmental goals with economic interests, which together would give federal agencies greater flexibility and independence in interpreting and implementing environmental law.

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The Supreme Court and Environmental Law: A Whole New Ballgame?

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