Environmental Policy and Regulation

Exam 2

Policy

a broader framework, intention, or guiding principles

• can exist without being formal law- may be agency goals, presidential priorities, or organizational guidelines

• guiding philosophy or approach behind (and shaped by) laws

act (law/statue)

a formal piece of legislation passed by Congress and signed into law by the President

• Example: “The Clean Air Act” is a federal law that gives the EPA authority to regulate air pollutants

Challenge of Policy and Environmental Changes

link between environmental exposures to human illness and death

• epidemic of childhood lead poisoning

• increasing incidence of genetic diseases exacerbated by env. stressors

• pesticides in food and water

Policy will need to take into account the reduction of a disparities in health status that result form environmental sources

Environmental policy

a statement by an organization [either public, such as a government or private]

• provides framework for action and for the setting of its environmental objectives and targets

• Goal: reduce human risks or environmental damages resulting from pollution

Principles of environmental policy development

guide the work of those who are creating policies

• the polluter-pays principles

• environmental justice

• the precautionary principle

• environmental sustainability

The Polluter Pays

polluter should bear the expenses of carrying out the pollution prevention and control measures introduced by public authorities in member countries to ensure that the environment is in acceptable state

• i.e, factory produces potentially poisonous substance as a by-product of its activities and is usually held responsible for its safe disposal

• Issue: government may pay firm to produce less pollution overall in order to limit the pollution but creates no incentives to make their process less harmful, while the pollution decreases, nothing about the manufacturing process improved

Superfund

created under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

• Focuses on cleaning up abandoned or uncontrolled hazardous waste sites

Supplemental Environmental Projects (SEPs)

Used during enforcement settlements

• Allow a violating company to:

  • fix the violation-come into compliance with the law

  • pay a civil penalty- pays $ to gov for violating environmental law

  • fund a environmental or public health project- if settlement permits it, company violating agrees to carry out an environmentally friendly project

Environmental Justice

denotes the equal treatment of all people in society irrespective of their racial background, country of origin, and socioeconomic status

• presence of an environmental hazard may be the end product of disparities of ower and privilege within a community

Environmental sustainability

a strong, just and wealthy society can be consistent with a clean environment, healthy ecosystems and a beautiful planet (materials, energy use, land use, human development)

• resources shouldn’t be depleted faster than they can be regenerated

The Policy Cycle

Problem, agenda setting, policy establishment, policy implementation, assessments/evaluations

problem definition, formulation, and reformation

defines the problem for which the policy actors believe that policies are necessary

• most crucial phase of the policy development process

• problems should be significant for the health of the environment with realistic and practical solutions

Agenda setting

setting priorities, deciding at what time to deal with the environmental problem and determining who will deal with the problem

• reconcile budget constraints, resource restrictions, and the complexity of environmental problems against the need to develop those policies that are most feasible

policy establishment

formal adoption of policies, programs, and procedures that are designed to protect the public from environmental hazards

policy implementation

focuses on achieving the objectives set in the policy decision

assessments/evaluations

assessment of the effectiveness of the policy

national environmental policy act (1969)

requires federal agencies to access the environmental effects of their proposed actions prior to making decisions. It was one of the first laws establishing a broad national framework for environmental protection, developed in response to growing environmental awareness in the 1960s

Clean air act (1970)

established to regulate air emissions from stationary and mobile sources, aiming to ensure air quality that protects public health and the environment

occupational safety and health act (1970)

sets and enforces safe and healthful working conditions. The act was developed in response to rising injury and death rates in the workplace, aiming to reduce hazards and implement safety programs

clean water act (1972)

aims to restore and maintain the integrity of the nation’s waters by preventing point and nonpoint pollution sources, providing assistance to publicly owned treatment works for wastewater treatment, and maintaining the integrity of wetlands

• enacted following widespread concern over water pollution (Cuyahoga River Fire)

Endangered Species Act (1973)

enacted to prevent the extinction of plant and animal species and to promote the recovery of those at risk due to habitat destruction, overexploitation, pollution, and other human activities

• developed during environmental movement building on earlier wildlife protection laws but expanding federal authority to identify endangered and threatened species, designate critical habitat, and require federal agencies to avoid actions that would jeopardize their survival

Safe drinking water act (1974)

protect the quality of drinking water in the U.S., focusing on all waters actually or potentially designed for drinking use, whether from above-ground or underground sources

• developed in response to concerns over contaminants in drinking water and the absence of enforceable national standards

Toxic substance control act (1976)

grants the EPA authoring to require reporting, record-keeping, testing, and restrictions relating to chemical substances and mixtures.

• Act was developed to address the lack of regulatory oversight over the introduction of new or existing chemicals

Resource Conservation and Recovery Act (1976)

address growing concerns about improper hazardous waste disposal, including open dumping and contamination of land and groundwater

• purpose is to create a “cradle-to-grave” system that regulates the generation, transportation, treatment, storage and disposal of hazardous wastes

• developed during the environmental movement after high-profile contamination events revealed the need for a comprehensive federal framework to manage solid and hazardous waste safety and prevent future environmental damage

Comprehensive Environmental Response, Compensation, and Liability Act (1980)

commonly known as Superfund this act was enacted to address abandoned hazardous waste sites. It authorizes the federal government to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment

• act was developed in response to hazardous waste practices and management in the 1970s, notably the Love Canal disaster

Federal Insecticide, Fungicide, and Rodenticide Act (1996)

provides federal regulation of pesticide distribution, sale, and use. All pesticides used in the U.S. must be registered by the EPA, ensuring that they do not pose unreasonable risks to human health or the environment

• the act was developed to address concerns over the safety and environmental impact of pesticides