IS THE EPA COURTING TROUBLE?

The Environmental Protection Agency's Legacy of Legal Failure

 

Environmental Performance at the Bench: 
The EPA's Record in Federal Court
 
A study conducted for the Reason Public Policy Institute that finds the EPA loses more than its fair share of cases in the U.S. Court of Appeals for the D.C. Circuit

 

 

Articles based on the study:

 

What others are saying about the study:
(as reported in BNA National Environment Daily)

“We have lost more cases than I would like. . . . We work in an area that is inherently controversial, administering statutes in many cases that are quite old and trying to apply those to new and novel situations.”
        Gary Guzy
        General Counsel, Environmental Protection Agency

“I think he's right.”
   
     David Schoenbrod, New York Law School
        Fmr. Attorney, Natural Resources Defense Council

“Shoddy, pseudo scholarship. . . . He was not willing to articulate, much less examine, any other explanation [for EPA's losses] than his own.”
   
     John Echeverria
        Director of the Environmental Policy Project, Georgetown University Law Center
        Fmr. General Counsel, National Audubon Society

“A very intriguing piece of work.”
   
     C. Boyden Gray
        Fmr. White House Counsel

“Brilliantly done.”
   
     Alan Raul
        Fmr. Reagan Admn. Attorney & OIRA Official

“You can't make an assessment of what EPA is doing without examining the role the court's ideology may be playing. . . . I'm dubious to make an assessment of what the agency is doing without understanding what proportion of agency actions are being litigated.”
       
Richard Revesz, New York University School of Law     

“I don't think [Adler's] conclusions are compelled by his data. . . . EPA takes very seriously the limits of the law. But laws are not always precise, and reasonable people can disagree . . . EPA could be making good faith mistakes, losing is not an indication of lawless behavior.”
   
     Christopher Schroeder
        Duke University Law School

 

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