Environmental Policy Mid Term

Policy Cycle (stages)

• Agenda Setting

• Policy Formulation

• Policy legitimization

• Implementation

• Evaluation/policy change

Agenda Setting

• Identifying the issue

• Issue development and linkage 

• Coalition building

Policy Formulation

• Bargaining 

• Government estimation and strategy 

• Formal negotiation

Policy legitimization

• Mobilizing political support  

• Formal enactment under law

Implementation

• Actual execution of policies

• Carrying out the intended actions of the legislation or program.

Evaluation/policy change

• Assessment of policy effectiveness and outcomes

• Making necessary adjustments or modifications based on results.

Issue attention cycle

• Pre-problem stage

• Alarmed discovery and euphoric enthusiasm 

• Realizing the cost of significant progress

• Gradual decline of intense public interest 

• Post-problem stage

Value Action Gap

Difference in people's beliefs and their actions

Six Americas

Alarmed, concerned, cautious, disengaged, doubtful, dismissive (ACDC DD)

Omnibus Bill

A proposed law that covers a range of topics, and is voted on as a single identity

Statute

Law passed in formal writing

Policy

Guiding set of rules government wants to abide by

Regulations

Rules that implement laws; specifically prescribed ways of carrying out policy

Riders

Stealth additions to legislation

Legislative Process

• Bill introduced

• Reviewed by committee

• Voted on by the House, then the Senate, or vice versa 

• President approves or vetoes (veto can be overridden by ⅔ vote in Senate and House)

Environmental Protection Agency (EPA)

• Founded in 1970 w/ mixed bag of responsibilities

  • Human health, environment, Animals, etc

• Authority to:

  • Write regulations 

  • Provide technical and compliance assistance to state governments 

  • Monitor air and water quality + clean up problems 

Presidential influence on Environmental Policy

• Agenda: campaign and speeches 

• Appointment: staff and government agencies 

• Budget: relative priority 

• Legislative initiatives and vetoes 

• Executive orders

Limitations of Congress

• Dispersed and competitive committees 

• Localism 

• Electoral cycle 

• Gridlock

Role of Courts

• Determines who has standing 

• Determines which cases are ripe 

• Choice of standard of review 

• Interpreting environmental law 

• Choosing remedies

Supplemental Environmental Projects (SEP)

Alternative payment in the form of projects or activities for companies that have messed up the environment

Massachusetts v. EPA (2007)

Massachusetts and several other states, local governments, and environmental groups petitioned the EPA to regulate greenhouse gas emissions (such as carbon dioxide) from new motor vehicles under Section 202(a)(1) of the Clean Air Act

Ohio Forestry Association v. Sierra Club

A challenge by the Sierra Club to a land and resource management plan for Ohio's Wayne National Forest was not ripe for judicial review.

Whitman v. American Trucking Association

The U.S. Supreme Court ruled that Section 109 of the Clean Air Act does not unconstitutionally delegate legislative power to the EPA, and that the EPA cannot consider economic implementation costs when setting National Ambient Air Quality Standards

NEPA

• 1969; first key piece of environmental impact review legislation

• Requires federal agencies to consider environmental impacts of projects they perform, permit, or fund as well as look for alternatives that mitigate those impacts.

Clean Air Act

• 1970; Federal government sets standards, states and local government agencies assume primary responsibility for implementing them

• Requirements: National air quality standards, stationary source regulation, state implementation plans, and mobile source emissions standards for cars

Clean Water Act

1972; zero discharge of pollutants by 1985; fishable and swimmable by 1983 (ambitious); only addressed point source pollution

Toxic Substance Control Act

1976; Focus is on production, not byproducts of manufacturing

Resource Conservation and Recovery Act

1976; encouraging waste and recycling, most states have enacted their own legislation; only preventative, nothing to help with if an incident occurs

Endangered Species Act

1973; forbids killing, importation, or sale of species listed as endangered; Does not effectively address invasive species and Does not protect emergencies

Tennessee Valley Authority v. Hill

1978; whether the ESA required courts to prevent construction of the dam; the majority of the Supreme Court ruled in favor of this, although the dissenters argued that the ESA shouldn’t apply to projects already underway.

Cod Collapse

The Atlantic Northwest cod fishery collapsed in 1992 primarily due to industrial overfishing, flawed government science, and mismanaged quotas

Antiquities Act

President could set aside land to be preserved

Pro State for Environmental Policy Arguments

• States can do it better and cheaper

• States can act faster

• Tax incentives 

• Filling “Policy Gap” created by federal inaction

Anti-State for Environmental Policy Arguments

• Economies of scale require a substantial federal role

• States will “race to the bottom” to compete for business

• Pollution knows no boundaries; there will be spillovers across state borders

1946 Administrative Procedure Act (APA)

• Federal statute governs how administrative agencies propose/establish regulations.

• Sets up process for federal courts to directly review agency decisions

Policy Cycle: NGO Influence

• Expert advice and analysis

• Mobilizing public opinion

• Representing the voiceless

• Providing a service to government

• Monitoring and assessing

“Idle No More”

Indigenous movement in Canada to show that their opinions are important in environmental decision-making and they need to be consulted

Dakota Access Pipeline Case Study

The government was building a pipeline above reservation land. The reservation was against it and protested because it went under their water source and could contaminate water

Kivalina

• The tribe living off the coast of Alaska's island is shrinking because of climate change. 

• They tried to sue companies for climate change but didnt have standing

• They are now moving to the mainland

“Treatment as State” Requirements

• A tribe must be recognized as a federally recognized tribe

• Must have a functional tribal government responsible for health and welfare 

• Demonstrate that they can perform regulatory functions 

• Capable of administering regulations