Environmental Policy

Define Policy

A formal set of general plans and principles intended to guide decision making.

Define Public Policy

Policy made by members of the government. It consists of laws, regulations, orders, incentives, and practices to address issues.

Environmental Policy

Policy that pertains to our interactions with the environment.

________ plays a central role in addressing environmental problems

Policy

The tragedy of the commons

Occurs when publicly accessible resources are open to unregulated use, leading to them becoming overused, damaged, or depleted.

Free riders

Benefiting from resources, goods, or services that you do not pay for but that others do

External costs:

Harmful impacts suffered by people or places not involved in the actions that created them, especially when they are not priced into transactions

Legislative branch creates laws through writing

legislation

Administrative agencies create ________ achieve the objectives of a law

regulations

The President may also issue __________ guiding agencies

executive orders

Courts interpret _________

• - The decisions they make set precedent and is known as ________

Interpret laws

Case Law

Polluter-Pays Principle

The polluter should be responsible for the cost of the impacts

• - This internalizes costs

______ are the law makers of our government

congress

State governments have a similar setup to ___________ with their own governors and state-level legislatures, judiciaries, and agencies

federal government

What environmental policys happended in the 1780s to late 1800s?

Laws were intended to promote westward expansion and settlement and extraction of resources

Homestead Act of 1862

Granted 160 acres of public land to any U.S. citizen or intended citizen who paid a small filing fee and agreed to live on and improve the land for five years. - - This act aimed to promote westward expansion

General Land Ordinances of 1785 and 1787

If first divided the land into six-mile-square townships

• It established policies and procedures for the orderly survey and settlement of lands purchased from Indian inhabitants in areas of North Americ

What happended in the late 1800s to 1900s (1872, 1891, 1903, and 1964)

Encouraged conservation and preservation

1872: Yellowstone designated as first National Park

1891: Congress authorizes forest reserves to prevent overharvesting

1903: Roosevelt creates the first national wildlife refuge

1964: Wilderness Act

The third wave of environmental policy

➢1962 – Rachel Carson publishes Silent Spring (chemical: DDT)

➢1950s and 60s Cuyahoga River fires

➢1970: National Environmental Policy Act

➢1970: Environmental Protection Agency established ➢Clean Air Act (multiple years)

➢1972: Clean Water Act

➢1973: Endangered Species Act

Juliana v United States

• 21 American youths filed a constitutional climate lawsuit against the U.S. government.

• Their complaint: The government's actions cause climate change, violating the youngest generation’s constitutional rights to life, liberty, and property, as well as failing to protect essential public trust resources.

• Part of a worldwide campaign of “Atmospheric Trust Litigation

• The government moved to have the case dismissed, arguing that the “Constitution does not provide judicial remedies for every social and economic ill.

• Judge Aiken issued a historic opinion denying the motions to dismiss the case and allowed it to proceed to trial

• But motions and appeals by the US gov stalled the case, and in 2020 the Ninth Circuit Court of Appeals dismissed the case.

• In response, the plaintiffs asked to modify their complaint.

• On June 1, 2023, Judge Aiken ruled in favor of the 21 youth plaintiffs, putting their constitutional climate case back on the path to trial. However, the U.S. DOJ continues to file motions to delay or dismiss the case.

• As of Feb 2025, things are still moving through the courts and the outcomes are unknown

International Policy example

Early success story: Montreal Protocol

Today: Largely focused on climate change and sustainable development

United Nations Framework Convention on Climate Change US Climate Alliance -

• Kyoto Protocol (U.S. signed it but did not ratify)

• Paris Agreement

• US Climate Alliance

AoSIS

➢Intergovernmental organization of 39 low lying coastal and small island communities.

➢Represents their interests in international climate change and sustainable development negotiations and processes.

➢Established in 1990 ahead of the Second World Climate Conference.

The Climate Vulnerable Forum (CVF)

➢International partnership of countries highly vulnerable to climate change.

➢2016 Forum meeting at UNFCCC COP22 committed Forum members to achieve maximal resilience and to meet 100% domestic renewable energy production as rapidly as possible.

➢The Vulnerable Twenty (V20) emerged from the CVF in 2015 – 20 nations most affected by climate change