Abstract
What role does the executive order play in policy regarding environmental issues? This has become an important question during President Obama’s Administration. There has been concern about the overuse of executive orders to implement public policy. In policy areas such as immigration and gun control, President Obama has considered the use of the executive order as a mean to move policy forward on his agenda that has been stalled in Congress. A public discussion ensued on the use of executive orders that is not new in the policy literature. To address this research question, executive orders on environmental issues from Presidents Franklin D. Roosevelt to Barack Obama are examined to determine both use of the order as a policy tool, and the significance and tone of the order. Results show that presidents are using environmental executive orders routinely over the decades but not in a manner that targets a specific environmental issue, location, term of office, or focuses on a particularly environmentally-oriented agency. Results show that certain presidents do display a pro-environmental tone in their orders which is unrelated to the ideology or political party affiliation of the president or environmental issue involved. In conclusion, orders classified as having major significance in terms of policy content tend to have a pro-environmental tone. Most likely, presidents will continue to the use the executive order to protect the environment. The conclusion is that environmental policies are impacted by the unilateral action of executive orders.
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Notes
Cook and Bero’s (2009) study of the executive order prohibiting smoking in federal buildings also notes the role of interest groups in the development and issuance of executive orders.
References
American Presidency Project (2014). www.presidency.ucsb.edu/executive_orders.php
Bailey J, Rottinghaus B (2013) The historical presidency: the development of unilateral power and the problem of the power to warn: Washington through McKinley. Pres Stud Q 43:186–204
Baumgartner FR, Jones JD (1991) Agenda dynamics and policy subsystems. J Politics 53:1044–1074
Baumgartner FR, Jones JD (1993) Agendas and instability in American politics, 1st edn. Univ Chic Press, Chicago
Baumgartner FR, Jones JD (2010) Agendas and instability in American politics, 2nd edn. Univ Chic Press, Chicago
Branum T (2002) President or king? The use and abuse of executive orders in modern-day America. J Legis 28:1–86
Cook DM, Bero LA (2009) The politics of smoking in federal buildings: an executive order case study. Am J Public Health 99:1588–1595
Cooper PJ (2001) The law: presidential memorandum and executive orders: of patchwork quilts, trump cards, and shell games. Pres Stud Q 31:126–141
Cooper PJ (2002) By order of the president: the use and abuse of executive direct action. Univ Press Kans, Lawrence
Crenson M, Ginsberg B (2007) Presidential power: unchecked and unbalanced. W.W. Nort Co., New York
Fine JA, Warber AL (2012) Circumventing adversity: executive orders and divided government. Pres Stud Q 42:256–274
Gaziano T (2001) The use and abuse of executive orders and other presidential directives. Texas Rev Law Polit 5:267–315
Howell WG (2003) Power without persuasion: the politics of direct presidential action. Princeton Univ Press, Princeton
Mayer KR (1999) Executive orders and presidential power. J Polit 61:445–466
Mayer KR (2001) With the stroke of a pen: executive orders and presidential power. Princeton Univ Pres, Princeton
Mayer KR, Prince K (2002) Unilateral presidential powers: significant executive orders, 1949–99. Pres Stud Q 32:367–386
Moe T, Howell W (1999) The presidential power of unilateral action. J Law Econ Organ 15:133–179
Morgan R (1970) The president and civil rights: policy-making by executive order. St. Martin’s Press, New York
NCC staff (2014) President Obama’s use of executive orders in historical terms. Constitution Daily blog, National Constitution Center. http://blog.constitutioncenter.org/2014/08/president-obamas-use-of-executive-orders-in-historical-terms/. Accessed 10 June 2015
Ostrow S (1986–1987) Enforcing executive orders: judicial review of agency action under the administrative procedure act. George Wash Law Rev 55:659–688
Rodrigues RJP (2007) The preeminence of politics: executive orders from Eisenhower to Clinton. LFB Sch publ LLC, New York
Rudalevige A (2008) Unilateral powers of the presidency. In: Pres CQ (ed) The powers of the presidency. Congr Q, Washington, DC
Rudalevige A (2012) The contemporary presidency: executive orders and presidential unilateralism. Pres Stud Q 42:138–160
Smith ZA (2013) The paradox of environmental policy, 6th edn. Pearson, Boston
Tzoumis K (1998) Wetlands policy in the US Congress from 1789 to 1995. Wetlands 18:447–459
Tzoumis K (2001) Environmental policymaking in congress: the role of issue definitions in wetlands, great lakes and wildlife policies, 1st edn. Routledge, London
Warber A (2006) Executive orders and the modern presidency: legislating from the oval office. Lynne Rienner Publ, Boulder
Wigton RC (1996) Recent presidential experiment with executive orders. Pres Stud Q 26:473–484
Acknowledgments
The authors would like to acknowledge the assistance of the reviewers and editors for comments on this research. Dr. Tzoumis would like to specifically acknowledge T. Tiedeman and KJK Walker for their assistance and support in the research process. Dr. Tzoumis also would like to acknowledge Dr. Leonard Robins who was instrumental in the early phases of this research.
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Tzoumis, K., Bennett, S. & Stoffel, E. The executive order in the United States: a policy tool used that has shaped environmental policy and decisions from Presidents Franklin D. Roosevelt to Barack Obama. Environ Syst Decis 35, 401–409 (2015). https://doi.org/10.1007/s10669-015-9559-0
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DOI: https://doi.org/10.1007/s10669-015-9559-0