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Pincus, Rebecca

Natural Resources

2010

MS

This thesis synthesizes energy security theory, environmental security theory, implementation theory, and research about the judicial branch to examine the influence of judicial decision-making in key areas of energy policy for national security ramifications. The selected case studies are strategic energy sources that generate significant environmental impacts, and have long histories of litigation. After a review of the theoretical literature, the case studies are analyzed for evidence of judicial reasoning based on national security. The influence of national-security thinking on judges in these cases, as well as other factors that affect judicial decision-making, are examined for conclusions about the current state of the federal judiciary and its impact on national security via decisions that affect strategic energy supplies and environmental integrity.
Findings conclude that the cases' implications for national security do not factor explicitly into judges' reasoning except very rarely. The significance of public confidence in the judicial branch and factors affecting this confidence are discussed in light of the national security implications of rulings in the energy-environment policy areas.