Faction and the Environment

Abstract

I want to point out a couple of things before getting to my main remarks. First, much of the discussion of the last couple of days concerning failures of substantive environmental policy and the weak relationship between means and ends expressed views that are widely shared across the ideological spectrum. We differ, however, on the role of the courts. Some think that the courts should impose reasonable substantive standards on the bureaucracy. Others urge review of the legitimacy of agency processes. Some conservatives want to restrict standing and limit the scope of judicial review. This last position has always seemed to me difficult to defend in the face of worries about bureaucratic overreaching. Much as we differ on process and the judicial role, however, we can all agree on the benefits of more cost-efficient environmental protection policies.