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

Engage, Vol. 11, No. 1, 2010

Case Legal Studies Research Paper No. 2010-4

19 Pages Posted: 12 Jan 2010 Last revised: 16 Apr 2012

Jonathan H. Adler

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

Date Written: January 12, 2010

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.”

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

JEL Classification: K23, K32

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: https://ssrn.com/abstract=1535554

Jonathan H. Adler (Contact Author)

Case Western Reserve University School of Law ( email )

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HOME PAGE: http://www.jhadler.net

PERC - Property and Environment Research Center

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