chapter 24 lecture outline - ltcc online
TRANSCRIPT
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William P. CunninghamUniversity of Minnesota
Mary Ann CunninghamVassar College
Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display.
Chapter 24
Lecture Outline
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Environmental Policy, Law, and Planning
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Outline
• Environmental Policy
• Major Environmental Laws
• Shaping Environmental Policy
Executive
Judicial
Legislative
• Regulatory Agencies
• International Treaties and Conventions
• Dispute Resolution and Planning
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Basic Concepts In Policy
• Environmental Policy - official rules and regulations concerning the environment as well as public opinion that helps shape environmental policy.
• Basic Principles of Environmental Policy
Human needs
Ecosystem health
Sustainability
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Fundamental Rights To A Safe Environment
• The 1987 World Commission on Environment and
Development said all human beings have the
fundamental right to an environment adequate for
their health and well being.
• Of the 195 independent nations in the world, 109
now have constitutional provisions for protection of
the environment and natural resources.
• The U.S. has constitution does not acknowledge
environmental protection as a fundamental human
right.
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Cost-Benefit Analysis
• In choosing between policy alternatives, preference should be given to those with the greatest cumulative welfare and the least negative impacts. Difficult to implement because:
Conflicting views are not comparable
Few agreed-upon broad social goals
Policymakers not motivated by societal goals
Large investments create path dependence
Uncertainty drives policy makers toward past
Costs and benefits difficult to calculate without information
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The Precautionary Principle
• When an activity raises threats of harm to human
health or the environment, precautionary measures
should be taken even if some cause and effect
relationships are not yet fully established
scientifically.
• The European Union has adopted this approach.
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Precautionary Principle
4 Tenets of the Precautionary Principle:
If suspect that something bad is about to happen, try and stop it
Burden of proof rests with proponents, not the general public
Before using a new technology, examine all the alternatives.
Decision making should be open and include affected parties.
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Money Influences Policy
• Those with the most money can advertise to
promote their point of view and draw voters
to their side
• Large donations are essential for success in
today’s political campaigns
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Public Awareness Influences Policy
• Many consider public citizenship the most
important force in a democratic government.
• Civic action has led to many of our strongest
environmental protections.
• Policy changes often start with protests over
environmental insult.
• Media attention helps publicize protests.
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Public Activism
• What can you do?
Get involved in local election campaigns
Write letters or e-mails to representatives and
senators
Get media attention
Get celebrity support
Organize protests or marches
Do public education campaigns
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An Environmental Protest
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Major Environmental Laws
• A Review of Major Environmental Laws:
NEPA establishes public oversight –signed into
law by President Nixon in 1970 it is the
cornerstone of U.S. environmental policy.
- Authorized Council on Environmental Quality
- Directs federal agencies to take environmental
consequences into account in decision making
- Requires an Environmental Impact Statement
on all major federal projects.
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Major Environmental Laws
• The Clean Air Act Regulates Air Emissions
Enacted in 1970
Provided the first nationally standardized rules in
the U.S. to identify, monitor and reduce air
contaminants
Identified and regulated 7 major “criteria
pollutants”, most of which have declined
from their 1970 levels.
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Smog Over Los Angeles
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Major Environmental Laws
• The Clean Water Act Protects Surface Water
Enacted in 1972 to make US waters “fishable
and swimmable”.
Initial goal was identifying and controlling point
source pollutants, end-of-the-pipe discharges,
municipal sewage treatments plants and other
sources.
Later modified to address non-point source
pollutants such as urban storm sewer run-off and
to promote water shed-based planning.
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Major Environmental Laws
• The Endangered Species Act Protects Wildlife
Enacted in 1973, this act provides a structure for
identifying and listing species that are
vulnerable, threatened or in danger of extinction.
Provides rules for protecting species and their
habitats to make species recovery possible.
Administered by the U.S. Fish and Wildlife
Service and the National Oceanic and
Atmospheric Administration.
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Endangered Gray Wolf Pup
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Major Environmental Laws
• The Superfund Act Lists Hazardous Sites
Officially named the Comprehensive
Environmental Response, Compensation,
and Liability Act (CERCLA).
Allows the EPA to establish liability so that
polluters pay for the cleanup of
contaminated sites.
The Superfund uses taxpayer dollars to
fund cleanups.
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How Policies Are Made
• Environmental Law - body of rules, decisions, and
actions concerning environmental quality, natural
resources, and ecological sustainability
Statute Law - formal documents enacted by
legislative branch declaring, commanding, or
prohibiting something
Case Law - derived from court decisions in both
civil and criminal cases
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Steps In The Policy Cycle
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What is Administrative Law?
• Administrative Law - rises from executive orders, administrative rules and regulations, and enforcement decisions in which statutes passed by the legislature are interpreted in specific applications and individual cases.
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Statutory Laws: The Legislative Branch
• Federal laws (statutes) are enacted by Congress
and must be signed by the President.
• How a bill becomes law
After introduction, each bill is referred to a committee or sub-committee for discussion and debate.
The public often has an opportunity to testify.
The bill’s language is modified, multiple bills may be combined, and then the overall bill is passed on to the full committee for a vote when the bill is considered widely acceptable to the full house or senate.
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Citizens Line-up To Testify Before
Congress
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Bills Move Slowly Through Congress
• Committee Hearings and Compromise
A bill succeeding in full committee is reported to the full House or Senate for a floor debate.
- Amendments may be proposed at each stage
The House and Senate generally have different versions of a bill and these must be sent to a conference committee to iron out differences
The final bill goes back to House and Senate for confirmation of the compromise bill.
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Final Steps in Passing A Statute
• Next, the bill is passed on to the President who
may sign it or veto it. A 2/3 vote of House + Senate
can override veto if necessary.
• If President takes no action within 10 days of
receiving a bill from Congress, it becomes law
without his signature.
• You can find out how your legislators voted on
environmental issues by consulting the non-
partisan Thomas Website (http://thomas.gov)
maintained by Congress or by checking the League
of Conservation Voters website.
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Legislative Riders
• There are two types of legislation:
authorizing bills become law; and
appropriations provide funding.
• Legislators who cannot gain enough votes to pass
projects through regular channels, will often try to
add authorizing amendments (riders) into un-
related funding bills that they know will pass (e.g.
money for veterans or disaster relief).
Industry groups may use this tactic to roll back
environmental protections.
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Lobbying Influences Government
• Groups or individuals with an interest in pending
legislation can often have influence through
lobbying.
• Lobbying consists of visiting congressional offices
and talking directly to representatives to persuade
them to vote in one’s favor.
• Sometimes average citizens lobby congress.
• Not everyone can go to Washington to lobby their
representatives, so many people join organizations
that send professional lobbyists that carry their
message.
• The NRA, AARP, Sierra Club, Audubon Society
and many other groups use this approach.
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Case Law is Decided by Judges
• Case law is the body of legal opinions built up by many court cases.
• Judges or juries decide cases brought up due to damage to health or property, or failure to enforce current environmental law.
• The Judicial Branch establishes environmental law by ruling on the constitutionality of statutes and interpreting their meaning.
• Often, congress passes vague environmental laws and leaves it to the courts to “fill-in the gaps”.
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The Court System
The U.S. is divided into 96 federal court districts
- Over these are 12 regional courts of appeals
Each state also has a court system which parallels the federal system.
The U.S. Supreme Court is the court of last resort for both the state and federal court systems.
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The Supreme Court Decides Major Cases
• The Supreme Court consists of a group of 9
justices whose job it is to determine if a law or
policy is consistent with the U.S. constitution and
laws passed by congress.
• They make pivotal and far reaching decisions,
many of which affect environmental policies.
• A recent case relevant to environmental issues was
Citizens United vs. FEC. (2010)
Majority argued that U.S. constitution gives corporations
the same rights and protections as individuals.
Fossil fuel corporations would now increase campaign
contributions for subsequent elections.
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Legal Standing
• Before a trial can start, the litigants must establish
that they have standing.
Standing - plaintiffs must show that they
personally are materially affected by the situation
they are petitioning the court to redress.
Must show that there is a present controversy for
which a decision is needed.
The court may deny standing if these criteria are
not met.
- In 1969 the Sierra Club was denied standing
in a case against the U.S. Forest Service and
Disney Corporation.
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Criminal Law Prosecutes Lawbreakers
• Violation of some environmental laws constitutes a
criminal offense.
• Deliberate pollution can lead to criminal
prosecution.
• Charges can be filed by the EPA’s Office For
Criminal Investigation.
Corporations officers can be found criminally
liable for violating environmental laws if they
were grossly negligent or they knowingly violated
the law.
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Civil Law
• Civil Law - defined as laws regulating relations between individuals or corporations
Common Law - customs and previous court decisions establish precedent for individual rights and responsibilities.
• Most people consider it more serious to be convicted of a criminal offense than to lose a civil case, but a civil judgment can be very expensive:
A group of Alaskan fisherman won $5 billion from Exxon Corporation for the Valdez Oil Spill.
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SLAPP Suits Can Intimidate
• Strategic Lawsuits Against Political Participation -practice of suing citizens who criticize businesses or agencies over environmental issues
Form of harassment or retaliation
Even though most of the suits are dismissed, the citizens or government agencies end up paying enormous legal costs
- A Texas woman called a nearby landfill a “dump” and the husband was sued for $5 million for failing to “control his wife”.
Can halt progress on an issue
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Executive Agencies Make Rules and
Enforce Laws
• More than 100 federal agencies and thousands of
state and local boards and commissions have
environmental oversight.
Most executive agencies are under the
jurisdiction of cabinet level departments such as
Agriculture, Interior or Justice.
The public can comment on agency rule-making.
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The Executive Branch
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Administrative Law
• Executive orders can be powerful agents for change.
• Executive orders from the President change with politics.
• They can be quickly undone
Clinton ordered protection for 90 million acres of nature preserves. On G.W. Bush’s first day in office, he suspended 60 regulations of Clinton’s administration and soon ordered overhaul of environmental laws to ease restrictions and promote development.
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Regulatory Agencies
• EPA - primary agency with responsibility for
protecting environmental quality
Cabinet-level department
- Greatly influenced by politics as funding and
rule-making reflect the views of President and
advisors.
• Department of Interior
National Park Service
Bureau of Land Management
U.S. Fish and Wildlife Service
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Regulatory Agencies (cont.)
• Department of Agriculture
U.S. Forest Service
• Department of Labor
Occupational Health and Safety Agency (OSHA)
• Independent agencies such as the Food and Drug Administration often play a role
• Agencies tend to be “captured” by industry they are regulating as workers move back and forth between government and industry (called the “revolving door”)
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International Conventions
• Over past 25 years, more than 170 environmental
treaties and conventions have been negotiated
Unfortunately many of these are vague
- Most nations unwilling to give up sovereignty
so there is no body that can enforce the rules
International court has no enforcement
powers
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Major International Agreements
• CITES (1973)
Values wildlife, lists endangered/threatened
species
Limits trade of these organisms.
• Montreal Protocol (1987)
Protects stratospheric ozone
Bans CFCs
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Major International Agreements (cont.)
• Basel (1992)
Restricts shipment of hazardous wastes across
borders
• UNFCC (1994)
Nations to share data on climate change
Reduce production of greenhouse gases
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Enforcement of International Agreements
• Some treaties incorporate innovative voting mechanisms
When a consensus cannot be reached, a qualified majority can add stronger amendments that do not need ratification. All are legally bound to whole agreement, unless objected to expressly.
• World opinion can embarrass violators.
• Trade sanctions can compel compliance.
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Arbitration And Mediation Can Settle
Disputes
• Arbitration is a formal dispute resolution,
based in a trial-like setting.
• Mediation is a process in which disputants
are encouraged to come up with a solution
on their own under the guidance of a
facilitator or mediator.
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New Approaches to Policy
• Adaptive Management - A solutions approach
designed for management to be experimental for
the actions being taken
“Learning by Doing” - monitor results of initial decision and change if
need be
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Resilience in Ecosystems and Institutions
• Most important characteristic of natural systems is
their resilience, or ability to recover from disturbance.
Ability of the system to reorganize in creative and
constructive ways.
Researchers found that trying to manage
ecological variables one factor at a time leads to
less resilient ecosystems.
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Resilience
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Community-Based Planning
• Working with local communities to gain traditional
knowledge and gain local acceptance of
management plans
• Involve all stakeholders and interested parties
• Participation is an important management tool
• For example, the Bay of Fundy project in Nova
Scotia plans for ecological, economic and social
sustainability.
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Green Plans and Sustainability
• Green plans are comprehensive, long range national environmental strategies
• Country with best plan is Netherlands. It specifies 7 principles by which decision making will be guided.
• Has been successful in improving environment