Environmental Law and Policy Final Notes

What sectors influence environmental issues?

Industry, government policy, and company policy.

Why is environmental policy a broad global issue?

Because countries have different development levels and humans affect the environment differently across societies.

How do developed, developing, and underdeveloped countries differ in environmental impact?

Developed countries (like the U.S.) tend to have the highest environmental impact; developing and underdeveloped nations impact the environment differently due to varying industrialization and resources.

What is the role of cost-benefit analysis in environmental regulation?

It weighs the cost of a regulation against its environmental benefits; low-cost, high-benefit regulations are preferred.

What is the source of U.S. law?

The U.S. Constitution, the "Supreme Law of the Land."

Why does the Constitution impact environmental policy differently today than when written?

It was written when society and technology were less advanced, so modern environmental issues weren’t anticipated.

How does U.S. capitalism affect environmental policy?

The U.S. prioritizes economic growth and wealth, influencing regulatory approaches compared to other developed nations.

What does the Constitution provide for the U.S.?

Individual rights, liberties, and the structure of government.

How is government responsibility divided in the U.S.?

If a power isn’t assigned to the federal government, it belongs to the states (e.g., states creating their own systems for issues like immigration).

What are the three branches of the U.S. government?

Legislative (Art. I), Executive (Art. II), and Judicial (Art. III).

What makes the Executive branch unique in elections?

The president is the only position for which the entire country votes.

What is Congress composed of?

The Senate (100 members, 2 per state) and the House of Representatives (435 members, based on population).

What branch creates and structures the federal court system?

The Legislative branch (Congress).

How many Supreme Court Justices are there?

Nine, determined by Congress.

What are the levels of federal courts?

District Courts (trials), Courts of Appeals (review), Supreme Court (final review).

How has the judicial structure changed over time?

Congress has created some executive courts and removed some judicial courts—mainly related to immigration.

What does “individual rights/liberty” relate to in the context of the Judicial courts?

Equity—fairness in systems, including financial markets and legal processes.

What role do courts play in equity?

Courts assess issues of fairness across many types of cases

Which branch is the main focus of this course?

The Executive Branch (Article II), because the president is in charge of enforcing laws.

What is the primary source of U.S. statutory law?

The U.S. Constitution.

Which branch creates statutory law?

The Legislative Branch (Congress).

Where do proposed laws (bills) originate?

From either the House of Representatives or the Senate, but most often the House.

Why are modern laws more specific?

To avoid conflicting interpretations, especially between political parties.

What happens if the House and Senate disagree on a bill?

They revise and send it back and forth until both chambers approve the same version.

What happens after Congress passes a bill?

It goes to the president, who can sign it into law or veto it.

Can Congress override a presidential veto?

Yes—Congress can override the veto with sufficient votes.

Where do federal laws go after being signed?

Into the U.S. Code (USC).

What happens when a law requires an agency to issue regulations?

The agency creates regulations that go into the Code of Federal Regulations (CFR).
Example: Obamacare.

What is the Shipyard Act?

A recent law (about 2 years old) to upgrade public and private naval shipyards, dry docks, and equipment to handle modern U.S. Navy needs.; supported by most Republicans and some Democrats.

What is the Oil Pollution Act of 1990 notable for in class specifically?

Professor Pellkowski helped develop its regulations.

What types of cases often rely on common law?

Cases such as lawsuits involving mariner deaths or similar disputes.

What is another name for common law?

Precedent or judge-made law.

What is the difference between statutory law and common law?

Statutory law = written laws and regulations.
Common law = laws developed through court decisions.

What does the Executive Branch do with laws?

Implements and enforces statutory laws and follows judicial interpretations of those laws.

What is sustainability?

Long-term balance with Earth’s natural systems by operating within safe environmental limits.

What is the concern with current global sustainability?

Many planetary boundaries have already been crossed.

What was Julian Simon’s idea about resources?

Humans are the “ultimate resource”; human ingenuity can overcome resource limits.

What is carrying capacity?

The maximum number of individuals an environment can support sustainably over time.

What is the difference between deforestation and forest degradation?

Deforestation: Total removal of forests (common in tropical regions).

Degradation: Decline in forest quality without total removal (common in temperate regions).

What is an ecological footprint?

A measure of how much land and natural resources a population uses.

What are examples of technological support for sustainability?

Vertical farming, renewable energy, smart cities, desalination, and water recycling.

What population level does the UN project the Earth can sustain?

Up to 10 billion people sustainably.

What are key levels for economic efficiency related to sustainability?

Efficient agriculture and global trade.

What is ecological overload?

When humanity exceeds Earth’s natural limits.

How many people do scientists estimate Earth can support at today’s consumption levels?

Only 2–3 billion.

What are indicators of environmental degradation?

Deforestation, water stress, biodiversity loss, soil degradation, and global warming.

What factors influence population carrying capacity estimates?

Resource availability, technology level, and consumption assumptions.

What was the presenter’s personal estimate for sustainable population?

5–7 billion people.

What are key solutions to sustainability challenges?

Promote sustainable consumption, invest in green technology, and encourage global cooperation.

What does sustainability involve regarding materials and waste?

Using raw materials in ways that prolong human existence while minimizing waste (often aided by recycling, though it can be costly).

What is technological support in general terms?

Tools and innovations that improve human life (e.g., the wheel).

What is efficiency?

Output ÷ Input; getting more of what you want with fewer resources.

What is environmental efficiency?

Maximizing outcomes while minimizing environmental impact (e.g., less pollution with fewer inputs).

What are the basic human needs?

Food, water, shelter, and clothing

How many amendments are in the U.S. Constitution?

27 amendments.

What does the Legislative Branch do?

Makes laws; everything in the U.S. Code (USC) comes from Congress.

What commerce powers does Congress have?

Regulates national and international commerce, including interstate commerce.

What financial powers does Congress hold?

Controls taxation, allocates federal money, prints currency, and funds the Department of Defense.

Which branch declares war?

Congress. (Last formal declaration: Korean War.)

What authority does Congress have over the Judicial Branch?

Creates all lower federal courts and determines their powers.

Who handles maritime law according to the Constitution?

Federal courts, as delegated by Congress.

What is the Executive Branch’s main role?

Enforces laws passed by Congress and creates federal regulations.

Who is the Commander-in-Chief of the military?

The President.

What is the Executive’s role in foreign affairs?

Makes and negotiates treaties.

What is the Executive’s role in the judiciary?

Appoints federal judges.

What is the Executive’s role in federal spending?

Spends money appropriated by Congress through agencies and programs.

What is the only federal court mentioned in the Constitution?

The Supreme Court.

What is the Judicial Branch’s primary role?

Determines whether laws and actions meet constitutional standards.

How does the Judiciary handle fairness and equity issues?

Decides whether problems are individual vs. business issues and resolves disputes involving fairness.

What happens when federal and state laws conflict?

Federal law generally prevails.

Who regulates commerce?

Congress regulates commerce; immigration laws are delegated to Congress but enforced by the Executive.

Who controls tax rates and federal revenue?

Congress.

Who handles spending?

The Executive Branch.

What current trend is discussed regarding presidential power?

The president is aggressively expanding executive authority.

What is the issue with immigration law enforcement?

Immigration laws exist, but enforcement varies. Recent administrations enforce them strictly, raising fairness questions for immigrants.

Who determines whether the Executive is enforcing immigration laws properly?

The Judicial Branch—though separate immigration courts complicate this.

What is Habeas Corpus?

A right to a hearing when detained.

What is the controversy surrounding Habeas Corpus in immigration cases?

Whether immigrants can seek hearings in federal district courts when immigration courts are supposed to have exclusive jurisdiction.

What percentage of cases reach the Supreme Court?

Only about 2%.

Why is it difficult to fire government employees?

Multiple union, state, and federal protections.

How does this conflict with Trump's approach of firing government employees?

He prefers business-style employment practices, where firing is easier.

What is the issue around birthright citizenship?

Whether children born in the U.S. to undocumented parents are U.S. citizens.

What action challenged this concept?

A presidential executive order attempting to reinterpret the 14th Amendment.

What does the 14th Amendment say about citizenship?

“All persons born or naturalized in the U.S., and subject to the jurisdiction thereof, are citizens…” (therefore can be interpreted multiple ways).

What are the major roles of the Executive Branch?

Chief Executive, Commander in Chief, Chief Diplomat, Veto Power, Pardon Power.

What is Administrative Law?

The branch of law governing the creation and operation of administrative agencies (regulations, agency actions).

What does Administrative Law regulate?

How agencies create rules, enforce regulations, and resolve disputes.

What is Civil Law?

Law dealing with disputes between individuals and businesses.

What is Criminal Law?

Law that punishes criminals and defines standards of behavior; characterized by intent and the possibility of jail time.

What determines whether an issue is criminal law?

Presence of intent.

What is an example of a Clean Water Act violation?

Discharging pollutants into a waterway without a valid permit, followed by EPA issuing a notice of Non-compliance which then required corrective action. The State then agreed to upgrade the facilities to reduce the amount of pollutants discharged.

Which branch is most involved in Administrative Law?

The Executive Branch—it runs the majority of government agencies and departments.

Who are the leaders of the Executive Branch at different levels?

President (federal), Governor (state), Town Supervisor (local).

What is rulemaking?

The process by which agencies convert laws into detailed regulations.

What is adjudication in administrative law?

The process of agencies resolving disputes between the government and individuals, businesses, or organizations regarding compliance.

What is final agency action?

A binding decision or rule marking the end of an agency’s decision-making process unless challenged in court.

What enforcement tools use penalties?

Stop orders, financial penalties, Government shaming

What enforcement tools use incentives?

Subsidies, Tax breaks, Persuasion

What is an asset?

Something an individual or company owns that has value (e.g., a car or boat).

What is revenue?

Money a business brings in from customers before expenses.