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Intergovernmental relations and federalism in environmental management and policy : the role of the courts

By: WISE, Charles.
Contributor(s): O'Leary, Rosemary.
Material type: materialTypeLabelArticlePublisher: malden, MA : Blackwell Publishers, mar./apr.1997Public administration review: PAR 57, 2, p. 150-159Abstract: Recently, the executive and legislative branches of the federal government have been engaged in a great debate about the approrpiate additional degrees of responsibility to accord state and local government in the area of environmental regulation. Less attention has been focused on the impact of the federal courts on deferalism and environmental policy. In assesing key cases in several areas of environmental policy wise and O'Leary find that the courts have been pointing in many directions at once and are sending few clear signals concerting who is to take circumstances that do matter to the courts, they find that the signals the federal courts are sending do not support a national policy emphasizing state empowerment in environmental policy.
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Recently, the executive and legislative branches of the federal government have been engaged in a great debate about the approrpiate additional degrees of responsibility to accord state and local government in the area of environmental regulation. Less attention has been focused on the impact of the federal courts on deferalism and environmental policy. In assesing key cases in several areas of environmental policy wise and O'Leary find that the courts have been pointing in many directions at once and are sending few clear signals concerting who is to take circumstances that do matter to the courts, they find that the signals the federal courts are sending do not support a national policy emphasizing state empowerment in environmental policy.

Public administration review PAR

Mar./Apr. 1997 Volume 57 Number 2

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