Unit 4: Area Preservation, Natural Resources, NEPA, and International Environmental Law

What are some benefits of wetlands?

Wetlands reduce flooding, improve water quality, moderate stream temperatures, provide habitat for wildlife, and absorb carbon and pollutants.

What legislation protects wetlands in the United States?

Wetlands are protected under Section 404 of the Clean Water Act.

Define an estuary.

An estuary is a partially enclosed coastal water body where freshwater from rivers mixes with saltwater from the ocean.

List some habitat types found in estuaries.

Shallow open waters, freshwater and saltwater marshes, swamps, sandy beaches, mud and sand flats, rocky shores, oyster reefs, mangrove forests, river deltas, tidal pools, and seagrass beds.

What are some environmental services provided by estuaries?

Estuaries perform filtration and flood absorption and have significant environmental value.

What threats do estuaries face?

Population growth, fertilizers and pet waste runoff, untreated sewage, industrial wastewater, sediment from construction, runoff from impervious surfaces, and climate change.

What is the National Estuary Program (NEP)?

The NEP is a non-regulatory program established by Congress under section 320 of the Clean Water Act in 1987 to protect estuaries.

How many estuaries are designated as estuaries of national significance?

There are currently 28 estuaries designated as estuaries of national significance.

What is a Comprehensive Conservation Management Plan (CCMP)?

A CCMP is a plan developed by each National Estuary Program to establish priorities for activities, research, and funding for the estuary.

What does a CCMP address?

Water quality, habitat, fish and wildlife, pathogens, land use, and introduced species.

What is Long Island Sound (LIS)?

LIS is an estuary designated as an Estuary of National Significance in 1987, used for industry and recreational activities.

What economic impact does Long Island Sound have?

Activities in the Sound generate about $9.4 billion annually in the regional economy.

What are Geographic Programs (Geos) administered by the EPA?

Geos are geographic-specific programs that protect local ecosystems from climate change, habitat loss, and pollution.

What is the largest estuary in the US?

The Chesapeake Bay.

What is the significance of the Chesapeake Bay?

It has a diverse watershed home to over 18 million people and 3600 species, producing significant seafood harvests.

What is the National Wild and Scenic Rivers System?

A system established to preserve certain rivers with outstanding natural, cultural, and recreational value.

What are the three classes of rivers in the Wild and Scenic Rivers System?

Wild, scenic, and recreational.

What are the two general approaches to the management of public lands?

Utilitarian and preservation.

Who manages federal land?

The US Department of Agriculture (US Forest Service) and the Department of the Interior (Bureau of Land Management, National Park Service, Fish and Wildlife Service).

What is the purpose of National Wildlife Refuges?

To safeguard wildlife populations and their habitats while providing recreational opportunities.

What is Plum Island known for?

Plum Island is an 822-acre island with ecological value, home to 280 plant species and attracting 227 bird species.

What federal law was enacted in 1872 regarding public lands?

The Mining Law of 1872.

What is the purpose of the Wilderness Act of 1964?

To protect wilderness areas and preserve their natural conditions.

What is the role of the Bureau of Land Management?

To manage nearly 159 million acres of rangelands in the US.

What is the significance of mature or old growth forests?

They store carbon, provide biodiversity and wildlife habitat, and offer clean air and water.

What types of products do rangelands provide?

Forage for grazing animals, wildlife habitats, water, minerals, energy, and recreational opportunities.

Why is it important to protect endangered species?

Human appreciation, economic value, cultural heritage, and the risk of extinction for 34% of plants and 40% of animals.

What percentage of ecosystems are at risk of collapse?

41% of ecosystems are at risk of range-wide collapse.

What are the main drivers of wildlife decline?

Habitat destruction, pollution, climate change, invasive species, and wildlife trade.

What is the Endangered Species Act (ESA)?

A law passed in 1973 to conserve ecosystems and provide a program for the conservation of endangered and threatened species.

Which department administers the ESA?

The US Department of the Interior Fish and Wildlife Service (FWS) for terrestrial and freshwater species, and the National Marine Fisheries Service (NMFS) for certain marine species.

What is a key success of the ESA?

It has prevented the extinction of over 99% of the listed species it has protected.

What defines an endangered species under the ESA?

Species that are in danger of extinction throughout all or a significant portion of their range.

What is a threatened species?

Any species likely to become an endangered species within the foreseeable future.

What does 'take' mean in the context of the ESA?

To harass, harm, pursue, hunt, shoot, kill, trap, capture, or collect a species.

What are the ESA factors for listing a species?

Habitat destruction, overuse, disease or predation, inadequate regulatory mechanisms, and other factors affecting existence.

What is critical habitat under the ESA?

Designated areas essential for the conservation of a listed species.

What is required for a recovery plan under the ESA?

The Secretary must develop and implement a recovery plan for listed species unless it would not promote conservation.

What are prohibited acts under the ESA?

Importing, exporting, transporting, or selling endangered species, and 'taking' them.

What changes did the Trump Administration propose regarding the ESA?

To rescind the regulatory definition of 'harm' including habitat modification.

What is the Migratory Bird Treaty Act (MBTA)?

A law enacted in 1918 to protect migratory birds between the US and Great Britain.

What does Section 2 of the MBTA prohibit?

The taking and killing of migratory birds.

What are some permitted activities under Section 3 of the MBTA?

Import, export, banding, scientific collecting, taxidermy, and population control.

Who enforces the MBTA?

The US Fish and Wildlife Service (FWS).

What penalties are associated with violations of the MBTA?

Civil and criminal penalties up to $15,000 and/or jail time, with felony provisions for knowingly taking migratory birds.

Name an organization that focuses on the ESA and MBTA.

National Wildlife Federation (NWF), The Audubon Society, or World Wildlife Fund (WWF).

What is the primary role of the Council on Environmental Quality (CEQ)?

To advise the president on environmental issues and suggest actions/legislation.

What does NEPA require federal agencies to consider?

Environmental consequences when making certain decisions.

What is an Environmental Impact Statement (EIS)?

A detailed statement assessing the reasonably foreseeable impacts of a proposed action.

What must an EIS assess regarding resource commitments?

It must assess irreversible and irretrievable resource commitments.

What triggers the NEPA process?

A major federal action likely to have significant social, ecological, health impacts, and environmental justice.

What is a Categorical Exclusion under NEPA?

A class of actions determined not to generally have a significant impact on the human environment.

What is the purpose of an Environmental Assessment (EA)?

To scope the issue and determine whether a full EIS is needed.

What happens if an EA finds significant impacts?

A full Environmental Impact Statement (EIS) is required.

What does NEPA NOT mandate?

That federal agencies alter their proposals based on environmental reviews.

What is the role of interagency coordination in the NEPA process?

One agency typically takes the lead, coordinating with others involved.

What is the final step in the NEPA process?

The record of decision is the final agency action.

What does the 1978 NEPA regulation emphasize?

Informed and science-based decision making, transparency, and public engagement.

What significant changes were made in the 2020 NEPA amendments?

Reduced review process timelines and narrowed the definition of environmental effects.

What does the Fiscal Responsibility Act of 2023 change about NEPA?

It introduces stricter timelines for environmental reviews and encourages the use of categorical exclusions.

What is required under the CEQ Phase 2 Final Rule effective 7/1/2024?

Agencies must establish schedules and evaluate a reasonable range of alternatives.

What was the outcome of Iowa v. CEQ on 2/3/2025?

The District Court vacated the Phase II Rule, stating CEQ lacks authority to issue binding regulations.

What is the significance of the Finding of No Significant Impact (FONSI)?

It indicates that the EA found the impacts are not significant, thus no EIS is needed.

What does NEPA focus on regarding agency actions?

Ensuring agencies have the information and analyses needed for informed decisions.

What is the FAST_41 process?

An online permitting dashboard for coordinating agency actions involving permits.

What does the term 'environmentally preferable alternative' refer to?

The alternative identified as having the least adverse impact on the environment.

What is the purpose of public comment in the NEPA process?

To allow public input, although agencies are not required to change their EIS based on comments.

What is the role of judicial review in the NEPA process?

Judicial challenges to the NEPA process must be brought under the Administrative Procedure Act (APA).

What is the current world population and its projected growth by 2100?

The current world population is about 8.25 billion, projected to reach 10.2 billion by 2100.

What are some issues associated with overpopulation?

Food production, sustainability of the planet, increased demand on natural resources, and environmental degradation.

How many living species are estimated to exist on Earth?

Between 2 billion and 1 trillion, with some agreement around 11 million.

What are the greatest threats to biological diversity?

Destruction of land, especially tropical forests, and over-extraction of resources.

What does the term 'global commons' refer to?

The interconnected air, land, and water that have no boundaries and are shared globally.

What is an example of transboundary pollution?

Mexico dumping sewage into the Tijuana River, impacting wells and crops in California.

What are the two primary sources of international law?

Treaties entered by nation-states and principles derived from customary laws.

Who are the primary actors in international law?

Nation-states, intergovernmental agencies, NGOs, individuals, and corporations.

What role does the UN Security Council play in international law?

It is the primary source of enforcement of international law.

What is International Environmental Law (IEL)?

A compromise between nation-states on pressing environmental issues, often considered 'soft law.'

Who influences international environmental law?

The United Nations, the UN Environment Program, nonprofits like Greenpeace, and the Center for International Environmental Law.

What is the World Trade Organization (WTO) a result of?

The General Agreement on Tariffs and Trade (GATT).

What major climate agreement was established in 2015?

The Paris Climate Agreement.

What was the outcome of COP21 in 2015?

195 nations endorsed a global climate agreement to control greenhouse gas emissions.

What significant action did President Trump take regarding the Paris Agreement?

Announced intent to withdraw the US from the agreement in 2017.

What challenges exist with compliance and enforcement of international treaties?

Difficulty without a centralized enforcement regime and the need for national legislation for implementation.

What was the Montreal Protocol established in 1987 aimed at?

Phasing out substances that deplete the ozone layer.

What is the purpose of the Intergovernmental Panel on Climate Change (IPCC) established in 1988?

To assess scientific information related to climate change.

What is a significant challenge for the Paris Agreement in terms of global temperature rise?

The plans submitted by countries were not enough to meet the target of keeping the rise under 2 degrees Celsius.

What are some key issues discussed at COP30?

Preventing runaway global warming, protecting communities from climate impacts, and ensuring fair transitions.

What is the significance of the Kyoto Protocol established in 1997?

It was an international treaty that commits state parties to reduce greenhouse gas emissions.

What does 'soft law' mean in the context of international environmental law?

It requires the good faith of nation-states to regulate themselves based on agreements.

What is the impact of air pollution as part of the global commons?

Air currents can carry emissions from one country to others, affecting air quality globally.

What is the role of the WTO in international trade disputes?

It provides a framework for resolving disputes, including those related to environmental issues.

Is the Clean Water Act clear about 'Waters of the United States'?

False

Do national monuments protect a variety of resources?

False

What does the Migratory Bird Rule include?

Both civil and criminal penalties, prohibits the taking and killing of migratory birds, includes a citizen suit provision.

Is NEPA considered a foundational environmental law in the U.S.?

False

Has there been a significant increase in multilateral environmental agreements since 1970?

True

What is the aim of the 2015 Paris Agreement?

To limit global warming to below 2 degrees Celsius.

Does the 2003 Antiquities Act encourage land preservation for oil and gas extraction?

False

What is the National Estuary Program?

Found under Section 320 of the Clean Water Act, requires estuary programs to develop a Comprehensive Conservation Management Plan.