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Georgetown University Law Center

Series

2003

Environmental law

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Full-Text Articles in Law and Politics

A Different Kind Of "Republican Moment" In Environmental Law, Richard J. Lazarus Jan 2003

A Different Kind Of "Republican Moment" In Environmental Law, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The purpose of this Essay is to propose and discuss the possibility that the nation currently faces another, albeit very different, "republican moment" that may well test the future of environmental protection laws in the United States. This new "moment" has as its modifier an uppercase "Republican" rather than a lowercase "republican." While the latter "republican" invokes the political tradition referred to as "civic republicanism," the former "Republican" refers instead to the current National Republican Party. The "moment" facing environmental law is the virtually unprecedented ascendancy of the Republican Party in all three branches of the federal government.