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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

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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

  1. The National Industrial Recovery Act even delegated authority to the National Recovery Administration to issue executive orders announcing codes for fair competition among private industry (Mayer 2001, 68). See also Bailey and Rottinghaus (2013), Rodrigues (2007), and Rudalevige (2008, 2012).

  2. 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.

  3. Both Howell (2003) and Cooper (2002) noted the frequent use of executive orders to manage public lands.

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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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Correspondence to Kelly Tzoumis.

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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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