NR 460 Exam 2

5th amendment to the constitution

The fifth amendment provides protections for citizens. This includes the right to due process, protection from self-incrimination (can not testify against themselves in a criminal case), equal protection, double jeopardy, and just compensation

The part of the 5th amendment most important for natural resource policy

Just compensation and the takings clause is the most important for natural resource management which states, "nor shall property be taken for public use, without just compensation". This balances public interest with individual property rights since the government is required to compensate property owners fairly when acquiring their land for public use.

name 2 principle constitutional provisions that allow congress to pass many broad, general laws that affect natural resources

The commerce clause and the property clause

The commerce clause

allows congress to regulate commerce among the states, with foreign nations, and with Native tribes. Within this, things like the endangered species act could be passed, as protecting endangered species impacts tourism, research, and the ecosystem.

The property clause

allows congress to make rules and regulations regarding the "territory of the US", allowing for the management of federal lands and resources like forests and wildlife. This has allowed for things like the national forest management act, which manages sustainability and conservation in national forests.

Federalism

A system of government where power is divided between a central government (federal) and smaller political units (state).

Checks and balances

A principle of government that ensures no single branch is too powerful. Ex. Executive can veto legislative, congress can override vetoes, courts can declare laws unconstitutional

constitutional taking

When the government seizes private property for public use with just compensation.

advise and consent

The US Senate reviews and approves certain actions by the president (appointment of federal officials, judges and ambassadors).

Prohibition

The legal banning of certain activities or behaviors.

electoral college

A system used to elect the president and vice president. Each state has a certain number of electors based on representation in congress.

reserved powers

Powers that are not specifically granted to the federal government or prohibited to the states. Powers are reserved for the states and the people (ex. Regulating education, elections, etc.)

necessary and proper

Grants congress the authority to make all laws that are "necessary and proper" to enact legislation not explicitly listed in the constitution as long as it is reasonably related to an expressed power.

taking clause

Private property shall not be taken for public use without just compensation.

Common pool goods

They are open access. They are consumed individually, and are non-excludable. It is difficult to exclude users and charge fees. Some examples include air, water, fish, atmosphere, and unregulated forest commons. There is public control or allocation of common-pool goods needed

Collective goods

They are public goods. They are jointly consumed and non-rival. It is impossible to assign property rights. Some examples include national defense, forest fires, biological diversity, soil conservation, scenic vistas, insect and diseases, spiritual values, carbon storage. The public sector often provides.

Public policies that manage common pool goods

Season bag limits, hunting licensees, duck stamps...

public policies that manage collective goods

General taxes on public defense, taxes on collectibles (stamps, coins, ect.)

6 steps for a bill becoming a law

1- A bill is introduced to the house or senate

2- The bill is sent to committees for debate, amendments, and approval

3- If approved by the committee, the bill is debated and voted on by the chamber

4- If passed in one chamber, the bill moves to the next chamber to be repeated

5- If there are differences, a conference committee resolves them

6- The bill is sent to the president to sign or veto.

(note: diagram to look at on google doc)

Policy type I

voluntary/process- includes: state wildlife and forest action plans, education, research, forest certification

policy type II

voluntary/ standards or practices- includes: best management practices, farm bill incentives, conservation easements

policy type III

mandatory/process- includes: NEPA, CWA planning and CAA SIPs, prescribed burning permits

policy type IV

mandatory/ standards or practices- includes: endangered species act, state forest practice acts, forest certification

BACT

best available control technology- the most effective pollution control technology that is economically and technically feasible for a specific facility or activity to minimize emissions of pollutants.

Constraints on congressional power (there are 5)

1. The constitution sets limits on what congress can legislate

2. Separation of powers so they can not exercise executive or judicial powers

3. Federalism limits congress power to intrude on states reserved powers

4. Courts can declare laws unconstitutional

5. The president can veto bills and the senate must confirm appointments

Types of congressional committees (there are 4)

1. standing committees

2. select committees

3. joint committees

4. conference committees

standing committees

congressional committees which are permanent bodies that focus on specific areas and review bills and hold hearings

select committees

congressional committees which are temporary committees formed for specific purposes

joint committees

congressional committees which are composed of members from both chambers and address shared issues

conference committees

congressional committees that reconcile differences between the House and Senate versions of a bill.

powers of legislature (there are 7)

1. make laws

2. regulate commerce

3. declare war

4. approve treaties

5. levy taxes

6. provide for the common defense and general welfare 7. impeach federal officials and confirm presidential appointments.

limits to legislative power (there are 3)

1. restrictions from the constitution (can not pass laws that violate individual rights or overstep state's rights)

2. can not exercise executive or judicial powers

3. judicial review can declare laws unconstitutional.

How could the U.S. balance the federal budget? (long answer)

The government needs to reduce its spending and increase tax revenue. They could reduce the budget over time through economic growth but require a balance of priorities involving economic growth, social needs, and national security.

Reduce spending through things like reduced subsidies and defense spending

increase revenue through things like tax increases on specific classes and better tax law enforcement

Bureaucracy

A system of government in which decisions are made by state officials or administrators rather than elected representatives (common in large orgs)

iron triangle

The relationship between congress, interest groups, and bureaucracy.

Lobbying

Influencing government decisions through advocating for specific policies or laws.

It can involve meeting with legislators, providing information, etc.

budget deficit

A government's expenditures exceed its revenues over a fiscal year.

national debt

The total amount of money a country's government owes to external and domestic creditors.

Congressional oversight

The power of congress to monitor and review the actions of the executive branch and federal agencies to ensure laws are implemented properly.

policy rider

A provision added to a bill that is unrelated to the main topic of the bill (commonly used to attach controversial to essential legislation).

Powers of the president (there are 9)

1. appointment of the cabinet

2. senior executive service and federal judges

3. supervision of executive branch and agencies

4. proposition of legislation (and veto)

5. controlling the budget

6. influencing foreign policy through treaties

7. war

8. armed services

9. dialogue.

limits to the president's power (there are 5)

1. the idea that congress must introduce/pass the laws

2. there is a congressional budget office and congressional oversight

3. the administrative procedures act of 1946 (governs the process by which federal agencies develop and issue regulations, ensuring

transparency, public participation, and accountability) 4. the senate has to advise and consent appointments, 5. the iron triangle.

What are some of the practical limits that constrain individuals or groups from using the courts for policy change?

1. Plaintiffs may not meet the standing requirements

2. Legal battles are very expensive and can take years to resolve

3. Courts may be limited to interpreting specific laws, not creating broader policy changes

standing to sue

The right of a person or entity to bring a lawsuit to court. Need to have been directly affected by the issue.

civil or criminal case

A civil case is a litigation between private and public parties while a criminal case is between citizens and society in which the goal of the case is to punish wrongdoers.

Greenhouse Gases (GHGs)

Gases that trap heat from the sun and warm the Earth's surface (CO2, CH4, N2O)

judicial review

Power of courts to examine laws, executive actions, and regulations to determine whether they are consistent with the constitution.

judicial equity relief

Remedies provided by courts that aim to ensure fairness and justice where monetary compensation alone is insufficient.

stare decisis

Latin term to mean to stand by things decided. Follow the precedents of previously established cases.

non-government organizations (NGOs)

A non profit entity that operates independently of government control.

Contract

any agreement with another person involving a promise to pay some amount of money or do something that can be a contract with legal consequences.

eminent domain

The government's power to take private property for public use as long as they receive just compensation.

taking of property

When a government entity seizes or significantly restricts private property for public use under eminent domain.

private nuisance

An interference with an individual's enjoyment or use of their property. Must be substantial, unreasonable, and caused by another party's actions.

doctrine of waste

A legal principle that prohibits a tenant from causing damage or deterioration to a property that would diminish the value for future owners.

inverse condemnation

A legal action where a property owner seeks compensation from the government for property taken or damaged due to government action.

property condemnation

The legal process by which the government takes private property for public use through eminent domain.

state forest practice act

State level laws that regulate the management of forested land to ensure sustainability.

FONSI

Means finding of no significant impact. It means that a proposed project will not have a significant effect on the environment and does not require a full EIS.

EA

An environmental assessment is a process used to determine whether a proposed project or action will have a significant impact on the environment.

EIS

An environmental impact statement is a detailed analysis required for major federal actions that will significantly affect the environment evaluating potential environmental impacts, alternatives, and mitigation strategies.

Categorical Exclusion (CE)

A determination by a federal agency that a proposed action does not significantly affect the environment and does not require an EIS. They are used for activities that have been shown to not cause significant harm or are routinely used.

WOTUS

Waters of the United States refers to the waters subject under the clean water act (navigable waters, wetlands, rivers, lakes, and other bodies of water that impact interstate commerce or the environment).

NAAQs

National Ambient Air Quality Standards are regulations set by the EPA under the Clean Air Act that define the maximum allowable concentration of specific air pollutants.

Prevention of Significant Deterioration/PSD

A provision under the clean air act that aims to prevent air quality from worsening in areas that meet or exceed the NAAQs.

bundle of rights (definition + 5 rights to list)

The bundle of rights are a selection of legal rights that come with owning property:

1. the right of possession (ownership)

2. right of control (do what you want with it)

3. right of exclusion (keep people off the property)

4. the right of enjoyment (use and enjoy the land)

5. the right of disposition (right to sell or transfer land)

Liability

the state of being legally responsible for ones actions or inactions, or the actions or inactions of those one is responsible for.

Litigation

the legal process of resolving disputes via a complaint through a court of law.

civil suit

a non criminal lawsuit in which one private party sues another over a claimed violation of private rights.

Leadership

the process of aligning an organizations actions and resources with its stated intentions.

Fairness

in business, making sure the employees are equitably rewarded for their contributions.

Transparency

in business, being open and honest with information for all stakeholders and employees about a company's operations, successes, and challenges.

Vision

a general idea for the future and desired state of an organization or business that is used to direct the actions of those involved.

Empowered management

a management approach that involves leaders creating a great vision, and delegating authority and decisions to employees to achieve that vision.

Technocratic

government, societal, and/or industrial control by a minority of elite technical experts

Budget

a financial plan that estimates a business's income and expenditures for a set period of time

SMART Objectives

a set of objectives for writing goals that include that the goals must be specific, measurable, attainable, relevant, and time based

Incentives

a financial benefit granted to encourage people to take certain courses of action, often provided by governmental organizations.

Subsidies

A transfer of resources from a government to an individual or entity to support their operations, normally without expecting equivalent benefits in return. This can be in the form of monetary payments, tax breaks, or resources.

Adjusted Gross Income (AGI)

total income minus deductions to income that you are eligible to take via governmental programs such as student loan interest and self employment taxes.

Establishment cost payments

financial assistance provided to farmers for the initial expenses incurred when establishing conservation practices as part of a farm bill agreement.

Annual payments

in conservation payments, financial benefits provided to landowners with farm bill contracts or easements for using conservation practices on their land. It is calculated by acre managed, and depending on the type and details of the agreement.

Conservation Income Tax Deductions

Tax benefits provided to individuals or entities who permanently restrict the use of their land or donate conservation easements to preserve natural resources.

Current or Present Use Assessment

A property tax assessment that allows land to be taxed based on its value in current use rather than its highest potential use. Encourages landowners to maintain land instead of converting it to development.

Marginal Tax Rate

Percentage of tax applied to the each dollar of income. Income is divided into brackets and higher incomes are taxed at higher rates.

Progressive taxation

A tax system where the tax rate increases as the taxable income of an individual or entity rises.

Tax credit

Direct reduction in the amount of tax you owe to the government by lowering the tax liability on a dollar-for-dollar basis.

Reforestation Tax Incentives

Financial benefits designed to encourage landowners to engage in reforestation.

safe harbor rule

When a landowner follows guidelines and manages their land to conserve the natural values and wildlife within their property

incidental take

The unintentional, accidental taking of a species that is listed on the Endangered Species Act

State Ownership Doctrine

The state government has ownership over any and all wild animals found in their jurisdiction

empowered management

When employees are provided with the same opportunities, information, and resources related to their job responsibilities, they will be more productive

doctrine of waste

when the current renter of a property destroys or damages the value of the property, they can be taken to court

progressive taxation

As an individual's income grows, the percentage that they are taxed also increases.

reforestation tax incentives

landowners who used their land to plant trees and reforest the land receive a tax incentive

ESG

Environmental, Social Governance, often associated with businesses and their sustainability practices

Bonus question: Who was born tomorrow, December 13, in 1989?

Taylor Swift

Difference between legislative taking through regulation vs taking property through eminent domain

Legislative taking through regulation occurs when the state regulates the use of citizens/private land in order to protect the public health, safety, morals, and general welfare.

Eminent domain involves taking private property for public use by the government.

NC example- legislative taking through regulation

Emerald Isle in 2016 when NJ residents bought a house, and were charged with obstructing a beach lane with structures on their property.

NC example- taking through eminent domain

This can be seen in the construction of I-540, which involved many eminent domain takings.