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http://ssrn.com/abstract=1535554
 
 

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The Record of the Roberts Court in Environmental Cases: Pro-Business or Pro-Government?


Jonathan H. Adler


Case Western Reserve University School of Law; PERC - Property and Environment Research Center

January 12, 2010

Engage, Vol. 11, No. 1, 2010
Case Legal Studies Research Paper No. 2010-4

Abstract:     
Drawing upon a preliminary analysis of the Roberts Court’s decisions in environmental cases prepared for a January 2009 Santa Clara Law Review symposium on “Big Business and the Roberts Court,” this essay assesses claims that the Roberts Court has shown itself to be particularly “pro-business” and hostile to environmental protection. A review of all eighteen environmental cases decided by the Roberts Court in its first four years finds little evidence of any “pro-business” inclination. Victories for business interests are balanced by losses. The Roberts Court’s environmental decisions may provide evidence for something else, however: a tendency to side with government agencies and state interests. While there is little evidence the Roberts Court is “pro-business” or “anti-environment,” there is some evidence to suggest it is “pro-government.”

Number of Pages in PDF File: 19

Keywords: Roberts Court, United States Supreme Court, Environmental Law, Business Interests, Government Interests

JEL Classification: K23, K32

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Date posted: January 12, 2010 ; Last revised: April 16, 2012

Suggested Citation

Adler, Jonathan H., The Record of the Roberts Court in Environmental Cases: Pro-Business or Pro-Government? (January 12, 2010). Engage, Vol. 11, No. 1, 2010; Case Legal Studies Research Paper No. 2010-4. Available at SSRN: http://ssrn.com/abstract=1535554

Contact Information

Jonathan H. Adler (Contact Author)
Case Western Reserve University School of Law ( email )
11075 East Boulevard
Cleveland, OH 44106-7148
United States
216-368-2535 (Phone)
216-368-2086 (Fax)
HOME PAGE: http://www.jhadler.net
PERC - Property and Environment Research Center
2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

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