THE DIRECT AND INDIRECT STRATEGIES OF R. REAGAN ENVIRONMENTAL POLICY

Authors

  • Vladyslav Mytoshop

DOI:

https://doi.org/10.51989/NUL.2022.1.27

Keywords:

environmental policy, environmental protection, system of checks and balances, the U.S. public administration, judicial branch of government, the U.S. Congress, division of powers

Abstract

The article is devoted to the study of the direct and indirect strategies of R. Reagan environmental policy, which were designed to be implemented in the long run for the economic development of the country. In addition, the article reveals the impact of environmental issues on the U.S. public policy, its interrelation between social, economic, legal and political processes. The relevance of the study of the direct and indirect strategies of R. Reagan environmental policy is determined by the fact that it helps to deepen theoretical and practical knowledge about public administration and policy, particularly in the sphere of environmental protection. The knowledge gained from the study of the U.S. public administration and policy, as one of the most influential countries in the world, can be used in Ukraine to balance the powers of the legislative, executive and judicial branches of government. Examining the direct and indirect strategies of R. Reagan environmental policy, it was found that, despite their opposition to environmental regulation, they did, practically, help consolidate the quasi-constitutional changes in public administration which happened during the 1970s. This can probably be explained not only by the public demand for improved environmental safety, but also by the more pragmatic desire of the federal institutional system to maintain the empowerment that allowed it to have more influence over the internal affairs of individual states. Within this frame of reference, the American checks and balances system reflects its ability to balance different branches of government. It is the complexity of the implementation of direct strategies of R. Reagan environmental policy which caused parallel work on indirect approaches, specifically the appointment of new judges who supported the presidents vision of the need for economic development of the country. To a certain extent, it was R. Reagan indirect strategies that proved to be the most effective ways of environmental policy implementation, as some of the judges appointed during his presidency actively opposed the expansion of pollution regulation when his presidential term ended.

References

Case D.W. The Lost Generation: Environmental Regulatory Reform in the Era of Congressional Abdication. Duke Environmental Law & Policy Forum. 2014. Vol. 25. № 49. P. 49–99.

URL: https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1307&context=delpf (Last accessed: 31.01.2022).

Case D.W. The EPAs Environmental Stewardship Initiative: Attempting to Revitalize A Floundering Regulatory Reform Agenda. Emory Law Journal. 2001. Vol. 50, No. 1. P. 1-100. URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1015118 (Last accessed: 31.01.2022).

Coglianese C. Social Movements, Law, and Society: The Institutionalization of the Environmental Movement. University of Pennsylvania Law Review. 2001. Vol. 150. Р. 85–118. URL: https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=2405&context=faculty_scholarship (Last accessed: 31.01.2022).

Derthick M., Quirk P.J. The Politics of Deregulation. Brookings Institution Press. 1985. 300 p.

Ethyl Corp. v. Environmental Protection Agency, 541 F.2d 1 (D.C. Cir. 1976). Case text : website. URL: https://casetext.com/case/ethyl-corp-v-epa (Last accessed: 31.01.2022).

Goldman S. Reagans Judicial Legacy: Completing the Puzzle and Summing Up. Judicature. 1989. Vol. 72. P. 318–330.

Harris R.A., Milkis S.M. The Politics of Regulatory Change: A Tale of Two Agencies 2nd Edition. Oxford University Press. 1996. 432 p.

Kovacic W.E. The Reagan Judiciary and Environmental Policy: The Impact of Appointments to the Federal Courts of Appeals. Boston College Environmental Affairs Law Review. 1991. Vol. 18. № 4. Р. 669–713. URL: https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1515&context=ealr (Last accessed: 31.01.2022).

Kovacic W.E. Built to Last – The Antitrust Legacy of the Reagan Administration. Federal Bar News & Journal. 1988. Vol. 35. № 5. Р. 244–250.

Lazarus R.J. A Different Kind of “Republican Moment” in Environmental Law. Minnesota Law Review. 2003. Vol. 87. P. 999–1036. URL: https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1146&context=facpub (Last accessed: 31.01.2022).

Melnick R.S. Regulation and the Courts: The Case of the Clean Air Act Paperback. Brookings Institution Press.1983. 416 p.

Reagan R. Address Before a Joint Session of the Congress on the Program for Economic Recovery Online by Gerhard Peters and John T. Woolley. The American Presidency Project : website. URL: https://www.presidency.ucsb.edu/documents/address-before-joint-session-thecongress-the-program-for-economic-recovery-0 (Last accessed: 31.01.2022).

Reagan R. Remarks Announcing the Establishment of the Presidential Task Force on Regulatory Relief Online by Gerhard Peters and John T. Woolley. The American Presidency Project : website. URL: https://www.presidency.ucsb.edu/documents/remarks-announcing-the-establishment-the-presidential-task-force-regulatory-relief (Last accessed: 31.01.2022).

Schwartz B. The New Right and the Constitution: Turning Back the Legal Clock 1st Edition. Northeastern University Press. 1990. 352 p.

Schwartz H. Packing the Courts: The Conservative Campaign to Rewrite the Constitution. Scribner. 1988. 242 p.

Solomon R.L. The Politics of Appointment and the Federal Courts Role in Regulating America: U.S. Courts of Appeals Judgeships from T.R. to F.D.R. American Bar Foundation Research Journal. 1984. Vol. 9. № 2. Р. 285–343.

Published

2022-03-31

Issue

Section

INTERNATIONAL EXPERIENCE OF LAW ENFORCEMENT