Chapter 24Environmental

Policy, Law, and Planning

Ellen HeinkeMarch 23rd 2010

What is Environmental Policy?

Policy a plan or statement of intentions, either written or

stated, about a course of action and inaction intended to accomplish some end.

Environmental Policy official rules and regulations concerning the

environment that are adopted, implemented, and enforced by some government agency as well as general public opinion about environmental issues.

Politics as Power

Politics is the struggle between the unequal interest groups attempting to form their own agendas

Political system manages conflict with establishing rules to ensure civil competition encouraging compromise and balancing interests codifying compromises as public policy enforcing rules and laws based on said policy

Not always effective can lead to elite majority taking over the masses does not always account for ideals and values (i.e. civil rights)

Rational Choice

Rational Choice a utilitarian policy no policy should have greater costs than the benefits model for public decision making

Negatives of public decision making many needs cannot be met few achievable and similar goals policymakers not motivated by societal gain decision making cannot usually be coordinated

Predictable Policy Policy Cycle

how problems are identified and acted upon in the public arena Cycle Stages

problem identification, whether by government or general public create different policy options implementation, through regulation and different targets

Different Cycle Routes carried out by special economic interest groups to gain public

attention and will carry out legislation carried out by public interest groups, with dramatic protests and

media events

Environmental Law Environmental Law

1982 World Commission on Environment and Development stated that all have a right to a safe and sustainable environment

a special body of official rules, decisions, and actions concerning environmental quality, natural resources, and ecological sustainability

Statute Law formal documents or decrees enacted by the legislative branch and

representing their position Case Law

derived from decisions in both civil and criminal cases Administrative Law

executive orders, administrative rules and regulations, and enforcement decisions

Environmental History For most of history, America took little notice of environmental degradation Rivers and Harbors Act

1899, illegal to dump refuse blocking any waterways little effect

Silent Spring written by Rachel Carson in 1962 detailed the environmental destruction from pesticides such as DDT

Closing Circle written by Barry Commoners in 1971 warned of overall pollution

Santa Barbara Oil Spill 1969, off the coast of Southern California, washed up on beaches was popularized by the media and wealthy socialites of the area

Early Policy 1972 Clean Water Act National Environmental Policy Act (NEPA) in 1970s, federal government needed to

evaluate environmental impact before starting a large project

Santa Barbara Oil Spill Images

Condition of Beach after SpillProtest after Spill

The Legislative Branch Statutory Law

originate as legislative proposals (bills), enacted by Congress, than signed by the president

these bills can have many coauthors or one sponsor The Process

referred to committee with jurisdiction for debate and hearings includes public testimony if supported, language is revisable to be made more passable once compromised bill written, sent to larger committee approved sent to Congress, if not sent back different amendments can completely destroy the bill Congressional Quarterly Weekly, a paper that keeps track of proposed legislation if approved by House and Senate, united version created once signed by president, becomes law (unless vetoed)

The Legislative Branch (cont’d) Legislation can either authorize bills to law, or sign bills allowing funds for

federal agencies and programs Riders

authorizing amendments to try and gain more votes these amendments are completely unrelated to the bill i.e. 2004 Omnibus Spending Bill, prevent appeal and judicial review of

environmentally destructive policies (logging in Alaskan Tongass National Forest) Lobbying

to use personal contacts, public pressure, and political action to get politicians to vote in their favor

hundreds environmental lobbyists personal contact is most effective

Local Involvement attempt to gain media attention get involved in local election campaigns

EPA Research

The Judicial Branch Courts will determine the spread of the superfund

96 federal courts circuit court of appeals hears environmental disputes

Precedent an example in subsequent trials for judge rulings distinguished case is different from all those before it

Legal Thresholds standing, whether the participant has the right to stand before the bar must be a live case and carry importance through verdict case cannot be moot i.e. Sierra Club v. Disney, argued that they could represent trees as people, but

they lost Establishes environmental law by ruling on its constitutionality and

interpreting their meaning Environmental Defense Fund brings lawsuit to define environmental policy

Judicial Branch (cont’d) Criminal Law

prohibits wrongs against state or society, definitions of crimes vary from state to state

Criminal Cases initiated by a government prosecutor (i.e. the State) innocence determined by peers (jury) includes environmental crimes

Environmental Crimes 1975, Supreme Court ruled corporate officers can be found liable for violation of

environmental laws 1982, EPA created Office for Criminal Investigation under Clinton, over 600 cases in environment persecuted per year for gross

negligent or highly illegal activities under Bush, dropped over 60% i.e. 1999 sentencing of a Colorado company sentenced to fourteen years prison for

dumping chlorinated solvents in local water tables however, budget now cut over 50% under Bush

Judicial Branch (cont’d…) Civil Law

a body of laws regulating relations between individuals and between individuals and corporations

dignity, freedom, and property rights protected usually only financial penalties i.e. 2000 case, Koch Oil Company paid 35 million in fines for negligence in over 300

Texan spills Common Law

precedents that create a definition of individual rights and responsibilities Tort Law

those that seek compensation for damages (such as pollution) SLAPP

strategic lawsuits against public participation citizens who criticize polluting businesses are countersued i.e. Texas woman called a nearby landfill “dump” her husband sued for 5 million for not

controlling his wife

Executive Branch Can set rules, adjudicate, and settle disputes Formal v. Informal

if informal, notice and background are made public for all citizens if formal, more like civil trial with more regulation

Regulatory Agencies includes 1970 EPA Department of Interior and Agriculture for natural resources National Park Service, oversees 376 parks Bureau of Land Management administers 140 million hectares of land US Fish and Wildlife Service, protects 500 refuges and endangered species protection

Executive Orders used in Antiquities Act for national monuments Clinton’s Executive Order 12898 developed strategies for environmental justice,

pollutant effect on minorities Administrative Courts

environmental rules objected to in court, i.e. 80% of EPA regulations hear challenges to agency rule and regulation , or enforcement cases no jury, looser implications on evidence, administrative judge

International Law Many nations are likely to join international environmental sanctions Environmental Governance

the process of making environmental decisions and who makes the decisions Globalization

revolution in communications, transportations, finances, and commerce causing interdependent national economies and opportunity or challenge in handling environment

Environmental Treaties CITIES, or Convention on International Trade in Endangered Species Convention on Biological Diversity

Conferences United Nation Conference on Environment and Development (UNCED) only urged more than

100 countries to limit greenhouse gases in 1992 Brazil Montreal Protocol, halted CFCs and ozone hole in 1987 Aarhus Convention in 1988recognizes basic right to healthy environment and proper

government handling of protest and information, citizens allowed to investigate environmental issues

when agreement not reached by all nations, qualified majority adds stronger measures, all are bound to legal document

Global Demonstration 2001, 100 000 protested meeting of Group of Eight Industrialized Nations in Genoa, where

one was killed and hundreds wounded

Problems and Solutions More information would lead to more environmental management Wicked Problems

problems with no simple right or wrong solutions nested within interlocking issues best solution is community based planning and consensus building

Adaptive Management designed from the outset to test a hypothesis about the different impacts of

an action “learn by doing” carefully monitor to fix possible mistakes in policy enable population to live and deal with the unexpected environmental issues produce understanding as well as solutions similar though more experimental than ecosystem management (chapt. 13)

Resilience and Caution Resilience

ability to recover from disturbance ecosystem does not always recover to same level, but will recover eventually best in face of surprise

Precautionary Principle when an activity raises a threat of harm, precautionary measures should be taken

even if some cause and effect relationships have not yet been established Precautionary Action

people have duty to take precautionary steps burden of proof of carelessness of new technology or chemical lies with corporation

not general public before using new technology, obligated to examine full range of alternatives,

including scenario of technology not used decisions applying the precautionary principle must be open and informed, and

involve all affected parties

Arbitration and Community Based Planning

Arbitration formal process of dispute resolution like a trial arbitrator takes more active role does not create publicity, legal bonding, or prevent discrimination

Mediation disputants form a solution with each other useful in complex issues Boundary Waters Canoe Area in Minnesota, argued over use of motorboats, nothing agreed

upon Community Based Planning

seen in Atlantic Coastal Action Programme (Canada), develops restoration and maintenance of environmentally degraded harbors and estuaries in both social and biological views

different social groups are fairly represented Green Planning

comprehensive long range environmental plans in Netherlands, 223 policy changes to reduce pollution and conserve energy while keeping

economic stability environmental quality cannot deteriorate, clean up at source, polluter pays, prevention of

pollution, careful waste disposal, motivate local population

Works Cited

• http://images.google.com/imgres?imgurl=http://alternativeenergy.procon.org/files/alternativeenergy/sb_oilspill_1969.jpg

• http://www.epa.gov/owow/wetlands/bawwg/images/mt/mtecoreg.gif