Environmental Policy and Climate Change Lecture Notes

Flashcards covering Environmental Policy, US Environmental Laws, and Climate Change.

Who had primary responsibility for air and water pollution before 1970, and what was the federal role at that time?

Before 1970, primary responsibility rested with state and local governments, with the federal government offering research, technical, and financial aid.

What political events led to the passage of the Clean Air Act in 1970 and the Clean Water Act in 1972?

Growing public awareness, the first Earth Day, bipartisan political will, and visible pollution problems.

What are the responsibilities of the USEPA, states, and industry under the CAA?

The USEPA sets NAAQS and NSPS, regulates hazardous air pollutants, and approves SIPs. States develop and implement SIPs, and industry obtains permits and complies with emissions limits.

What does the CAA say about ambient pollution standards and emissions standards?

The CAA sets NAAQS to protect public health and welfare and emissions standards, which are limits on pollution released from specific sources using technology-based standards.

Does the CAA treat all stationary source polluters the same?

No, it differentiates based on new vs. existing sources, industry type, and feasibility of control technologies.

What role did the CAA provide for citizens?

It allowed citizens to sue the EPA for failure to perform a non-discretionary duty or to sue polluters for violating emissions standards or permit conditions.

What goals were listed in the CWA?

To restore and maintain the integrity of the nation's waters, achieve fishable and swimmable waters, and eliminate the discharge of pollutants into navigable waters.

What does the CWA require the USEPA, states, private industry, and municipal wastewater treatment plants to do?

The USEPA establishes effluent limitation guidelines, water quality criteria, and issues NPDES permits. States establish water quality standards and TMDLs. Private industry and POTWs obtain NPDES permits and comply with effluent limitations.

What does the CWA say about ambient pollution standards and emissions standards?

The CWA requires states to set water quality standards and relies on technology-based effluent limitations applied through NPDES permits.

Does the CWA treat all point source polluters the same?

No, the CWA differentiates based on age, type, and specific industry of the discharger, setting different technology-based effluent limitations.

What role did the CWA provide for citizens?

The CWA includes a strong citizen suit provision, similar to the CAA.

What did the CWA say about wetlands?

Section 404 regulates the discharge of dredged or fill material into "waters of the United States," including wetlands, requiring a permit from the Army Corps of Engineers.

What policy types of tools were contained in the CWA and CAA?

Both acts rely on regulatory standards, permitting, monitoring and reporting, and enforcement, with some elements of information/persuasion and grants/subsidies.

What challenges did the newly formed USEPA face in implementing the CAA and CWA?

Lack of precedent, limited resources, technical complexity, industry resistance, state capacity, and defining "navigable waters".

Who was the first USEPA administrator and what strategy did he take? How successful was this strategy?

William Ruckelshaus took a tough, visible enforcement strategy to establish the agency's credibility. This strategy was highly successful.

What was the industry response to implementation in the early 1970s? What was the environmentalist response?

Industry responded with resistance and legal challenges, while environmentalists were supportive but vigilant, pushing for strict enforcement.

What led to the passage of the 1977 amendments to the CWA and CAA?

Ongoing challenges in meeting deadlines, continued pollution problems, a desire to refine and strengthen the original acts, and continued public and environmental group pressure.

What are the 6 criteria pollutants under the CAA?

Ozone, Particulate Matter, Carbon Monoxide, Lead, Sulfur Dioxide, and Nitrogen Dioxide.

What are the trends in ambient levels of the 6 criteria pollutants over time?

Ambient levels have significantly decreased since the 1970s, demonstrating the success of the Clean Air Act.

How clean are our nation’s waters? How do we know how clean they are?

Cleaner than before the CWA, but challenges remain. Assessment based on state water quality assessments, monitoring programs, TMDL development, and fish advisories.

What is non-point source pollution, and how much does it contribute to water quality impairment?

Pollution from diffuse sources like agricultural runoff and urban stormwater. It's a major contributor to water quality impairment and is difficult to regulate.

How did the Clean Water Act amendments of 1987 address non-point source pollution?

The amendments established voluntary Nonpoint Source Management Programs for states, providing federal grant money for planning and implementation but not direct regulatory mandates.

How do policy tools to reduce non-point source water pollution compare to policy tools to reduce point source water pollution?

Point source relies on "command and control" tools like effluent limits and permits. Non-point source relies on voluntary programs, incentives, information/education, and land use planning.

When did the USEPA begin? What are its largest challenges in implementing laws? How big is it?

The USEPA began on December 2, 1970. Challenges include scientific complexity, political interference, budget constraints, interstate pollution, balancing environmental protection with economic concerns, and enforcement. It typically has around 14,000-15,000 employees.

What is the state-level agency in Washington (Olympia) that is similar to the USEPA?

The Washington State Department of Ecology (Ecology).

What kinds of employees work for the USEPA (professions, location, appointed vs. merit hires)?

Environmental scientists, engineers, chemists, biologists, economists, lawyers, and policy analysts work at EPA Headquarters, regional offices, and research labs. Most are merit hires, but top leadership positions are politically appointed.

What is the primary goal of all public agencies?

The primary goal is to implement and administer public policy, laws, and programs effectively and efficiently in the public interest.

Why can’t an agency be run like a business (how do agencies differ from private businesses)?

Profit motive vs. public service, market discipline vs. political accountability, client vs. citizen, discretion vs. due process, budgeting, and measurable outcomes.

What is a comprehensive land use plan?

Guides future growth and development with policies and goals for land use, housing, transportation, infrastructure, natural resources, open space, and economic development.

How does a comprehensive land use plan affect environmental protection?

Designating green spaces, directing growth, promoting compact development, infrastructure planning, resource management, and climate resilience.

Why is it important to include local stakeholders in land use planning?

Stakeholders possess local knowledge, and involvement fosters community buy-in, addresses concerns, ensures equity, and meets legal requirements.

How much is the population of Pierce County expected to grow in the next 20 years, and is most of this growth expected to be within cities, or outside of cities (“unincorporated” areas)?

Population is expected to grow significantly, with most growth concentrated within existing urban areas and urban growth areas due to the Growth Management Act.

Besides the “no action” alternative that would not change county land use policies, what are the two different alternatives for changing county land use policies?

"Compact Growth" / "Urban Infill" Alternative and "Dispersed Growth" / "Rural Development" Alternative.

Which of the three alternatives is expected to conserve the most land for carbon sequestration?

Maximizing growth within Urban Growth Areas (UGAs), Compact Growth / Urban Infill Alternative

Which of the three alternatives is expected to reduce transportation emissions the most?

Compact Growth / Urban Infill Alternative

Which of the three alternatives is expected to provide the most affordable housing?

Maximizing growth within Urban Growth Areas (UGAs), Compact Growth / Urban Infill Alternative

What lessons can be learned from the same sex marriage movement regarding how citizens can get policy changed?

Long-term strategy, multi-pronged approach, shifting public opinion, strategic litigation, grassroots organizing, and building alliances.

What strategies did the same sex marriage movement successfully use? In which branch(es) of government?

Multi Pronged Approach

What lessons can be learned from the tea party movement regarding how citizens can get policy changed?

Focus on specific issues, grassroots mobilization, targeting primary elections, disciplined messaging, and holding elected officials accountable.

What strategies did the tea party movement successfully use? In which branch(es) of government?

Legislative influence on Executive Administrative Agency

What’s a town hall meeting?

A public gathering hosted by an elected official where constituents can ask questions, voice concerns, and share opinions.

What’s the primary motivation of any member of Congress? Why?

Re-election.

What kinds of actions from a citizen are most likely to get the attention of a member of Congress?

Personalized communications, in-person meetings, organized group efforts, campaign involvement, voting, and local media attention.

What kinds of actions from a citizen can be done alone?

Writing letters/emails, voting, social media posts, and educating oneself.

What kinds of actions from a citizen can be done with others?

Attending rallies, forming groups, collecting signatures, organizing meetings, lobbying, and contributing to campaigns.

Is making a post on social media likely to have an impact on a member of Congress? Why or why not?

Individual posts are unlikely to have a direct impact due to volume, authenticity concerns, and lack of actionable information, but viral campaigns and posts from influencers can have an impact.

What is the purpose of RCRA and how does it differ from the purpose of CERCLA?

RCRA manages hazardous waste currently being generated, while CERCLA addresses the cleanup of abandoned hazardous waste sites from the past.

Under RCRA who must get a permit for what?

Facilities that treat, store, or dispose of hazardous waste (TSDs) must obtain permits.

What triggers RCRA?

RCRA is triggered by the generation, handling, or disposal of hazardous waste.

What does the USEPA consider when deciding whether to grant a permit under RCRA?

Technical standards, risk assessment, public participation, financial assurance, compliance history, and waste minimization.

What have been major challenges in implementing RCRA?

Defining hazardous waste, enforcement costs, illicit disposal, public opposition (NIMBY), corrective action, and waste minimization.

What was the Love Canal and how did it lead to the passage of CERCLA?

The Love Canal prompted action due to severe health problems and environmental damage caused by toxic chemicals leaching into homes.

What is the National Priority List (NPL)?

the EPA's list of the most serious uncontrolled or abandoned hazardous waste sites in the United States identified for long-term remedial action under Superfund.

How is it decided whether to list a site on the NPL?

Discovery, inspection, hazard ranking score, public comment, and state governor request.

What are some reasons to support a site being listed on the NPL?

Listing sites provides access to Federal fund and comprehensive cleanup.

What are some reasons to oppose a site being listed on the NPL?

Listing can lead to community opprobrium, potential litigation, expensive and long process.

Who pays for the expensive cleanup of sites on the NPL?

Potentially Responsible Parties (PRPs), Superfund Trust Fund, and general revenues.

How successful has CERCLA been in implementation?

Hundreds of dangerous sites have been cleaned up, but the process is extremely slow and expensive, litigation-heavy, and faces funding issues.

What did ASARCO produce for many years in Tacoma?

Copper

Where did the pollution from ASARCO go?

Air and surrounding land

How has the ASARCO site been remediated? What is the land use post-cleanup?

Containing on-site contaminated soils/debris , primarily redevelopment for industrial and commercial purposes..

How did ASARCO affect nearby homes? What has been the remediation for these homes?

Replacing contaminated soil.

What were some of the main industrial uses of the tideflats of the Port of Tacoma? What kinds of pollution did they create?

Smelting (ASARCO), Pulp and Paper Mills, Shipbuilding and Repair, Chemical and Lumber, Manufacturing.

During what era did Tacoma witness a population boom from

railroad, timbering, and shipping businesses

What Time era included railroad, timbering, and shipping businesses in Tacoma.

1880s to 1920s

How do we know what the temperature and the CO2 concentration in the atmosphere were 300,000 years ago?

Ice cores.

What does scientific evidence, as summarized by the IPCC, indicate are the biggest causes of global climate change?

Primarily human activities leading to increased concentrations of greenhouse gases (GHGs) in the atmosphere.

How much do Americans worry about global warming? trends over time

trend shows growing concern increase over time, with notable spikes after major climate-related events or reports

How much do Americans worry about global warming? trends across groups

Democrats/LiberalsConsistently show the highest levels of worry and belief in human-caused climate change.

What is the IPCC and who belongs to it?

UNEP, and WMO, governments of countries around the world. experts the globe contribute to its reports on a voluntary basis.

What is the IPCC function?

The IPCC assesses the latest scientific, technical, and socio-economic information produced that relates to understanding climate change.

What were the 3 obligations agreed upon in the 1992 United Nations Framework Convention on Climate Change?

Stabilize Greenhouse Gas, Report National Emissions

In implementing the U.N. Framework Convention on Climate Change, what did the Kyoto Protocol of 1997 state?

setting legally binding emission reduction targets for developed countries (Annex I Parties).

The U.S. Senate did not ratify the Kyoto Protocol.

Senate Reaction

What was agreed to in the 2015 Paris Agreement?

treaty on climate change

Did the U.S. Senate vote on the 2015 Paris Agreement

No, the U.S. Senate did not vote on the Paris Agreement.

How did the Supreme Court affect climate policy in its 2007 ruling Massachusetts v. U.S. EPA?

Greenhouse gases are air pollutants under the Clean Air Act

What is policy layering in federal climate policy?

federal climate policy to the phenomenon where new climate policies are enacted and build upon, or are added on top of, existing laws and regulations, rather than replace

How does the Inflation Reduction Act address climate change?

The Inflation Reduction Act (IRA) of 2022 addresses climate change

What is meant by the saying states are policy laboratories?

experiment with different policy approaches

Who is the decision makers when states are policy laboratories?

US states that can work individual without requiring federal approval

Which state is known as leading the way on many environmental protection policies?

California is known for policy implementation

Filling a Federal Void regardless global issue.

Cities passing restrictive policies.

what can build resilience and reduce vulnerability in response to climate change?

Investing in clean energy

Economic sectors related to climate change with state policies.

state policies for global climate change emphasize

Policy implementation for energy usage with global climate change emphasis.

electricity/energy generation and Transportation

Renewable Portfolio Standard focus.

renewable energy like solar and wind development

Washington state done to address climate change.

transformation to a 100 by 2045 mandates

Washington state policy related to green vehicles.

electric vehicle (EVs)

What have some cities done to address climate change?

Setting ambitious emissions reduction targets