Environmental Policy, Law and Planning

Basic principles of environmental policy

1. Human needs

2. Ecosystem health

3. Sustainability

Fundamental Right:

first formal recognition of the right to a healthy environment which came in the Stockholm Declaration (1972)

Stockholm Declaration

"Man has the fundamental right to freedom, equality, and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being"

True or False: Over 100 nations now have constitutional rights or provisions for protection of the environment

True

Cost-benefit analysis

preference should be given to the policy with the greatest cumulative welfare and the least negative impacts

Why is a cost-benefit analysis difficult?

How do you place a value on the environment?

Precautionary Principle

a strategy to cope with possible risks where scientific understanding is yet incomplete

Precautionary Principle Steps

1. If there is suspicion that something bad will happen, try to stop it

2. Burden of proof rests with proponents, not the general public (aka it's not the responsibility of the public to go out and sample for contaminants in their environment)

3. Before using a new technology, test out with all alternatives

4. Decision-making should be open and include all affected parties

Highway revolts

most major US cities had "highway revolts" in 1960s

example: 1965: protest against proposed Vieux Carre Riverfront Expressway

example: North Claiborne Ave, 1968 is the current site of US 90 but was originally filled with trees

NEPA

National Environmental Policy Act

What is NEPA and what do they do?

1. 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

-EIS are costly and time-consuming to produce

Major US Environmental Laws

+ Clean Air Act (1970)

+ Clean Water Act (1972)

+ Endangered Species Act (1973)

+ Comprehensive Emergency Response and Cleanup Act (aka Superfund (1980)

Policy cycle

process by which rules are developed, enacted and revised repeatedly

Statute law

formal documents voted on and enacted by the legislative branch

Statutory laws

federal laws are enacted by Congress and must be signed by the President

How A Bill Becomes A Law

1. After introduction, each bill is referred to a committee or sub-committee for discussion and debate

2. The bill's language is modified and then is passed on to the full committee for a vote

3. A bill succeeding in full committee is reported to the full House or Senate in a floor debate -amendments may be proposed at each stage

4. A passed bill is sent to the other chamber of Congress

5. Next, the bill is passed on to the President who may sign or veto it

How to override a veto

2/3 vote of House + Senate can override veto

- if President takes no action within 10 days of receiving a bill from Congress, it becomes law without his signature

Two Types of legislation

A. Authorizing bill becomes law

B. appropriation bills provide funding

Riders:

authorizing amendments added into unrelated funding bills that they know will pass which are often used to roll back environmental protections

Lobbying

consists of visiting congressional offices and talking directly to representatives to persuade them to vote in one's favor

ex: Sierra Club and Nature Conservancy do this