Environmental Policy in the Courts

The week's readings were especially interesting to me with regard to the role that the courts play in environmental policy. The courts determine who has the standing (right) to sue. Vig points out that this power affects environmental policy agendas. Courts also shape this policy stream by determining which cases are ready (ripe) for review. The alleged wrong, according to Vig must "be more than merely anticipated." Courts also interpret the law. The role of the courts is to make clear what the legislators' intent was and in some cases to cure an ill that the legislation did not anticipate. Courts determine if the actions of agencies are fair and equitable. They also punish by means of punitive damages, jail time for offenders or both.

This point of view, the courts shaping environmental policy, may not be obvious to most. It is interesting to think that beyond presidential policy, legislation and agency politics there is yet another hurdle keeping environmental policy in check.

Here comes the judge.