國立虎尾科技大學 |

The impact of federal court decisions on the policies and administration of the United States Environmental Protection Agency.

Record Type:	Language materials, manuscript : Monograph/item
Title/Author:	The impact of federal court decisions on the policies and administration of the United States Environmental Protection Agency./
Author:	O'Leary, Rosemary.
Description:	1 online resource (510 pages)
Notes:	Source: Dissertations Abstracts International, Volume: 50-12, Section: A.
Contained By:	Dissertations Abstracts International50-12A.
Subject:	Public administration. -
Online resource:	click for full text (PQDT)
ISBN:	9798206560107

The impact of federal court decisions on the policies and administration of the United States Environmental Protection Agency.
O'Leary, Rosemary.

The impact of federal court decisions on the policies and administration of the United States Environmental Protection Agency. - 1 online resource (510 pages)

Source: Dissertations Abstracts International, Volume: 50-12, Section: A.

Thesis (Ph.D.)--Syracuse University, 1988.

Includes bibliographical references

This work is the first comprehensive analysis of the impact of federal court decisions on the United States Environmental Protection Agency (EPA) in all seven of its major statutory areas. Theories of "judge as administrator" and "the external control of organizations" were applied to EPA cases. The work found first, that judicial intervention into disputes concerning the EPA fall into five groups: (1) cases in which the mere filing of a lawsuit, without judicial action, has evoked a change in the EPA; (2) cases in which courts have upheld the agency's position completely without yielding changes in the agency; (3) cases in which judges, who have been passive and unwilling to intervene in the affairs of the EPA have issued decisions that nonetheless have affected the agency's policies and administration; (4) cases in which judges have legitimately used their discretionary powers to affect agency actions; and (5) cases in which judges have gone beyond the normal limits of judicial activism to evoke change in the agency. Second, the dissertation analyzed the ten ways that the EPA has responded to federal court decisions: (1) implementing the court after attempting to buffer or level it, (2) creating internal integrative mechanisms, (3) interpreting outcomes as satisfying demands, (4) not possessing the capacity to comply with demands, (5) altering its "products" to adapt to the external pressure, (6) curbing access to information, (7) playing one group off against another, (8) sequentially attending to demands, (9) implementing the order in a fashion not anticipated by the court, and (10) engaging in post judgment power plays. Third, the dissertation found that the major impact of federal court decisions on the EPA has been policy related. Compliance with court orders has become the agency's top priority, overtaking congressional mandates and threatening representative democracy. Finally, the dissertation found that federal court decisions have affected the administration of the EPA in five ways. Court decisions have: (1) prompted a redistribution of budgetary and staff resources within the EPA, (2) reduced the discretion and autonomy of EPA administrators as a whole, (3) increased the power of the EPA legal staff, (4) decreased the power and authority of EPA scientists, and (5) selectively empowered certain organizational units within the EPA.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2024

Mode of access: World Wide Web

ISBN: 9798206560107Subjects--Topical Terms:

562473
Public administration.
Index Terms--Genre/Form:

554714
Electronic books.

The impact of federal court decisions on the policies and administration of the United States Environmental Protection Agency.
LDR:03629ntm a22003257 4500 001 1150721
005 20241028051842.5
006 m o d
007 cr bn ---uuuuu
008 250605s1988 xx obm 000 0 eng d
020 $a 9798206560107
035 $a (MiAaPQ)AAI8907883
035 $a AAI8907883
040 $a MiAaPQ $b eng $c MiAaPQ $d NTU
100 1 $a O'Leary, Rosemary. $3 1477279
245 1 4 $a The impact of federal court decisions on the policies and administration of the United States Environmental Protection Agency.
264 0 $c 1988
300 $a 1 online resource (510 pages)
336 $a text $b txt $2 rdacontent
337 $a computer $b c $2 rdamedia
338 $a online resource $b cr $2 rdacarrier
500 $a Source: Dissertations Abstracts International, Volume: 50-12, Section: A.
500 $a Publisher info.: Dissertation/Thesis.
502 $a Thesis (Ph.D.)--Syracuse University, 1988.
504 $a Includes bibliographical references
520 $a This work is the first comprehensive analysis of the impact of federal court decisions on the United States Environmental Protection Agency (EPA) in all seven of its major statutory areas. Theories of "judge as administrator" and "the external control of organizations" were applied to EPA cases. The work found first, that judicial intervention into disputes concerning the EPA fall into five groups: (1) cases in which the mere filing of a lawsuit, without judicial action, has evoked a change in the EPA; (2) cases in which courts have upheld the agency's position completely without yielding changes in the agency; (3) cases in which judges, who have been passive and unwilling to intervene in the affairs of the EPA have issued decisions that nonetheless have affected the agency's policies and administration; (4) cases in which judges have legitimately used their discretionary powers to affect agency actions; and (5) cases in which judges have gone beyond the normal limits of judicial activism to evoke change in the agency. Second, the dissertation analyzed the ten ways that the EPA has responded to federal court decisions: (1) implementing the court after attempting to buffer or level it, (2) creating internal integrative mechanisms, (3) interpreting outcomes as satisfying demands, (4) not possessing the capacity to comply with demands, (5) altering its "products" to adapt to the external pressure, (6) curbing access to information, (7) playing one group off against another, (8) sequentially attending to demands, (9) implementing the order in a fashion not anticipated by the court, and (10) engaging in post judgment power plays. Third, the dissertation found that the major impact of federal court decisions on the EPA has been policy related. Compliance with court orders has become the agency's top priority, overtaking congressional mandates and threatening representative democracy. Finally, the dissertation found that federal court decisions have affected the administration of the EPA in five ways. Court decisions have: (1) prompted a redistribution of budgetary and staff resources within the EPA, (2) reduced the discretion and autonomy of EPA administrators as a whole, (3) increased the power of the EPA legal staff, (4) decreased the power and authority of EPA scientists, and (5) selectively empowered certain organizational units within the EPA.
533 $a Electronic reproduction. $b Ann Arbor, Mich. : $c ProQuest, $d 2024
538 $a Mode of access: World Wide Web
650 4 $a Public administration. $3 562473
650 4 $a Law. $3 671705
655 7 $a Electronic books. $2 local $3 554714
690 $a 0617
690 $a 0398
710 2 $a ProQuest Information and Learning Co. $3 1178819
710 2 $a Syracuse University. $3 1182596
773 0 $t Dissertations Abstracts International $g 50-12A.
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=8907883 $z click for full text (PQDT)