ENR Policy

Exam 1

Hardins only method of choice to deal with the tragedy of the commons is to privatize common pool resources

False

According to Hardin, appeals to conscience to ensure the protection of common pool resources are very likely to fail. Resource users need to be constrained by something other than just a good conscience

True

According to Mildenberger…

Hardins take on the tragedy of the commons is not factually correct. Local institutions can be good at preventing the tragedy of the commons.

According to Dietz et al., which of the following is critical for governing common pool resources effectively?

Social networks that facilitate communication between common users.

According to Dietz et al., which of the following is critical for governing common pool resources effectively?

Decision making is carried on under uncertain conditions

According to the authors, good institutions are helpful to solve collective action problems in the use of common pool resources only in minority of cases (less than 10% of cases)

False

Which of the following is true About Elinor Ostrom?

• She was the first woman to get a Nobel Prize in Economics

• She crated the Institutional Analysis and Development Framework (IAD)

• She studies fisheries, communal forests, irrigation systems, etc.

Smith shows two contingents with Americas early environmental movement. What are they and what are their philosophies?

Early conservationists thought that regulation was necessary to ensure that future generations have access to the same resources and opportunities as present generations. Late Conservationists argued that land/resource use should prioritize human needs, and believed that we should not pursue regulations to protect land/resources because the market will do that automatically in the absence of regulatory intervention. 

Early conservationists wanted to create markets to exchange natural resources as private goods

False

Early conservationists demanded that the federal government create multiple agencies to protect the environment

false

Smith shows that religion has played a role in the development of the dominant social paradigm that affects how individuals relate to the environment. However, he states that his role has not been particularly important when compared to other factors such as consumerism

false

Based on what you saw in class today, would you say the trump administration is philosophically closer to…

Late conservationists

Which constitutional clause serves as the primary, yet theoretically “uneasy” foundation for the vast majority of the modern federal environmental legislation?

Commerce clause

The US constitution was deigned with deliberate preference for decentralized, fragmented, and incremental lawmaking, which inherently complicates the enactment of environmental protection laws.

True

According to the research by Lueck, Ramos Pastrana, and Torrens, what primarily caused environmental interest groups to move from bipartisan support to partisan attachment?

The uneven distribution of costs and benefits of environmental programs.

Analysis of campaign data from 1988 to 2017 shows a significant systematic difference in the total amount of contributors received by democratic versus republican legislators.

False

According to Duane, which combination of features helps explain the unusually important role of courts in U.S. environmental policy?

Separation of powers, federalism, and the common-law tradition

Under the Chevron framework described by Duane, what would a court generally do after determining that a statue administered by an agency was ambiguous?

Uphold the agencys interpretation if it was permissible or reasonable

Which Supreme Court decision in the assigned reader directly overturned the judicial-defernece framework extensively by Duane?

Loper Bright Enterprise v. Raimondo

Which recent decision is the clearest counter example to the claim the the supreme courts recent environmental decisions uniformly reduce agency discretion?

Seven county infrastructure coalition v. eagle county

According to Rosenbaum, why does administrative discretion give federal agencies substantial policymaking power?

Congress often delegates authority that requires administrators to make consequential implementation decisions.

Rosenbaum characterizes the EPA as “micromanaged and overloaded.” what does he mean?

Congress has imposed numerous detailed statutory requirements and deadlines while EPA has insufficient resources to meet all of them.

What broader problem does Rosenbaum illustrate through his discussion of environmental problems that cut across EPA’s separate air, water, and waste programs?

Organizational fragmentation can make it difficult to address environmental problems in an integrated way.

According to Rosenbaum, why has the department of the Interior frequently been politically controversial?

Its responsibilities involve persistent tensions between conservation and the development and use of public resources.

If an Environmental Impact Statement demonstrates that a proposed federal action will cause significant environmental harm, NEPA requires the agency to select a less environmentally harmful alternative

false
Explanation: NEPA requires agencies to consider environmental consequences, but it does not require a particular outcome or selection of the environmentally preferable alternative.

What is the primary purpose of Environmental Assessment under NEPA?

To determine whether the environmental effects of a proposed action are significant and whether EIS is necessary

A federal agency is preparing an EIS for a proposed project. At what stage does the agency specifically seek to identify significant issues, alternatives, and impacts that should be analyzed in depth?

Scoping

Which statement best describes the role of public comments in the NEPA process?

Specific comments providing relevant information, analysis, or alternatives can influence the agency’s environmental analysis and decision making.

Why does Gluckman reject the phrase “evidence-based policymaking?”

Because evidence can inform policy choices, but policy also involves values and other political considerations

Gluckman argues that providing people with more scientific evidence will generally resolve political disagreements when those disagreements involve issues such as climate change and genetically modified organisms

false

According to Gluckman, what is the primary role of knowledge broker in the science advisory ecosystem?

To translate scientific knowledge for policymakers and policymakers needs for scientists.

Why does Gluchman argue that effective science requires both internal and external sources of expertise?

Internal advisers understand that policy environment and have access to decision makers, while external sources can provide greater independence and deliberative expertise.

Brown funding contributions are more important for Democrat legislators than Republicans.

False

In a unanimous decision under Sackett vs. EPA, continuous and adjacent bodies of water will be regulated under the Clean Water Act

False

The Supreme court case Seven County Infrastructure Coalition v. Eagle County (2025) ruled that federal agencies do not have to consider the environmental effects of upstream or downstream regulation?

True

The role of the scientist in the policy debate is to identify, study, and effectively communicate solutions for policy makers to implement and enforce.

False

Leuck defined the polarization to be CAUSED by campaign contributions by green and brown interest groups?

False

Campaign contributions from Brown interest groups lead to less environmentally friendly voting across parties

True

Brown contributions only go to the Republican party.

False

The seven-county infrastructure coalition case follows supreme courts trend towards administrative law?

False

Because of Loper Bright Enterprises v. Raimondo (2024), the courts now play a larger role in interpreting environmental statutes

True

All of the consequential Supreme Court decisions discussed in Berardo 2026 resulted in agencies losing power.

True

Gluckman argues that scientific information should be used in moderation during value debates

False

Gluckman argues anybody whos engaged in the relationship between science and policy needs to understand the problems of policymaking.

True

Gluckman argues that scientists are the primary force in decision making.

False

Federal agencies as policy implementation actors  

• responsible for putting laws and policies into practice

• create rules, enforce regulations, distribute fundings, and monitor compliance

• Ex: EPA, USDA, fish and wildlife service

• handle implementation and enforcement

Interpretation of Mildenberger of the tragedy of the commons 

• challenges the idea that commons problems are always inevitable

• depends on institutions, political arrangements, and how resources are governed

• people can sometimes cooperate and create rules that prevent overuse

• problems are not simply caused by selfish individuals

Regulatory capture 

• when a government agency that is supposed to regulate an industry becomes heavily influenced by the industry it regulates

• the agency may begin serving the industry’s interest rather than public interest

• does not mean government agency completely becomes part of the industry

What Dietz, Ostrom, and Stern consider successful governance of the commons 

• argue that ____ can be successfully managed through effective institutions and collective action

• communities can develop rules for resources use, monitor behavior, and sanction violations

• government privatization or centralized control is not the only solution

• people can self govern

The commerce clause 

• part of the U.S. constitution

• gives congress the power to regulate trade with foreign nations, among the states, and with Indian tribes

• important in expanding federal authority over environmental issues because environmental problems often cross state boundaries.

• does not mean congress can regulate literally everything

The definition of public policy  

• decisions and actions taken by government to address a public problem

• can include laws, regulations, programs, funding decisions, and government actions

• not just a law - can include the broader actions government takes

Hardins responses to the tragedy of the commons  

• argued commons problems require restriction on individual use

• proposed that society establishes rules

• discussed privatization and government regulation to prevent overuse

• individual self interest can lead to collective environmental harm when resources are shared

The characteristics of successful institutions according to Dietz, Ostrom, and Stern 

• clear rules about resource use, monitoring of resource users, graduated sanctions for violations, participation by resource users in creating rules, conflict-resolution mechanisms, rules that fit the local social and ecological conditions, accountability and adaptability

• successful governance requires institutions that allow people to cooperate, monitor, and adapt

Environmental Impact statements  

• detailed analysis of the potential environmental effects of a proposed major federal action

• required under NEPA when an action may significantly affect the environment

• considers environmental consequences and alternatives

• does not automatically stop a project- it informs decision making

Bounded Rationality  

• people are not perfect decision makers

• they have limited info, limited time, limited attention, and limited ability to process information

• instead of finding the best solution they chose what is “good enough”

• satisficing: finding an acceptable solution rather than the perfect one

The dominant social paradigm  

• set of widely accepted beliefs and values that shape hoe society views the environment

• economic growth

• human dominance over nature

• technilogical progress

• resource consumption

• people environmental attitudes are influenced by the broader values of their society

What is polarization  

• occurs when groups move toward increasingly different or opposing positions

• in environmental policy, people may become divided into strongly opposing camps

• means disagreement becoming more divided/extreme, not simply that people have different opinions.

Science and human values  

• can provide information about what is happening and what is the likely consequence of different choices are

• however this cannot determine what society ought to value or choose

• what is? vs what should we do?

The early

• Focused heavily on protecting and preserving nature/resources.

• Often emphasized wise use, resource management, and preventing waste.

late conservationist  

• Expanded concerns to include pollution, ecosystems, human health, environmental justice, and broader environmental impacts.

• Environmental issues became connected to social and political concerns.

private goods

food and clothes

is excludable and has rival consumption

club goods

private parks and class

excludable but no rival consumption

common pool resources

fish stocks, timber, pastures

excludable and has rival consumption

public goods

air, national defense

not excludable and no rival consumption

Tragedy of the commons

every user faces incentives to pursue their self-interest, despite what other do

Two solutions to the tragedy of the commons according to hardin

Privatize or gov regulations

The “carrot”

Make the good private!

if you can restrict access to the good, then its easier to use it sustainably

The “stick’

Giver power to government to punish those who defect the rest of society

What is an institution?

humanly devised constraints that shape human interaction

rules

government regulations

norms

less formal and enforced by participants

public polices are examples of…

institutions

The carrot and the stick are examples of…

institutions

Distributive

distribution of benefits among groups

everyone wins

regulatory

competitive: limits supplies of goods

redistributive

shifting wealth, rights, or safety from one group to another

winners vs losers (zero sum game)

Hardins myth

users are in a self destructive loop

only privatization

users can’t communicate or negotiate

Ostroms reality

communities can manage shared resources without governance or privatization

why governing the commons is a coevolutionary race

rules erode as technology create more environmental damage

humans create rule evaders

5 core requirements for adaptive governance

• good info

• resolve conflict

• induce compliance

• Build infrastructure

• plan for change

4 pillars of the dominant social paradigm

• humans have certain rights

• free markets → economic growth

• primacy of humans in nature

• science and tech are useful to conquer nature

Free markets

Consumers will maximize utility

• pleasure

mximize efficiency

• max profit min cost

externalities

externalities

unintended costs or benefits experienced by third parties who are not directly involved in an economic transaction

Dominance (pre-1800s)

nature is hostile, has to be conquered, and has zero value

Early awakening (mid-1800s)

mass slaughter of bison sparks public alarm

early conservationist (late 1800s)

transition to political action

aiming to protect nature from human impact

due process clause (5th amendment)

gov cannot deprive persons of life, liberty, or property without due process

Taking clause

private property cannot be taken for public use without compensation

Lazarus: 4 institutional challenegs

fragmentation of authority, federalism and decentralization, constitutional preferences, the political process

fragmentation of authority

environmental authority is divided into many branches and agencies so environmental problems rarely fit in those institutional boundaries

federalism

divides authority between gov and states

environmental problems cross boundaries which causes problems

from bill to environmental policy

bill introduced, committee action, house and senate, pres, agency implementation

polarization

the growing gap where political views move away from the middle ground and toward opposite, extreme ends.

dems vs repubs

why do we have polarization according to Lueck et al

the self-reinforcing relationship between political parties and special interest groups

correlation is not

causation

american judicial system is divided into

federal and state courts

district courts

lower courts

hold trials

one judge per case

circut courts

appeal courts

no trials

3 judges per case

very important for public policy

Chevron v. Natural resource defense council

establishes a two-part test to determine whether gov agencies over reach or not

1. is the statue ambiguous (having many meaning)

2. is the interpretation of ambiguity reasonable?

west VA vs EPA who gained power?

EPA lost shifted power back to congress

EPA overstepped authority