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Todays slide theme: Moose

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Once again, lots of environmental items in the news ... Bald eagle. 2 have gone extinct. 23 have been downlisted from 'endangered' to 'threatened. ... – PowerPoint PPT presentation

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Title: Todays slide theme: Moose


1
Todays slide theme Moose
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Announcements
  • This weeks discussion section now online.
  • Easter/Passover conflicts
  • Homework 3. Start NOW.
  • Pick up memos and exams.
  • Discussion section grades online tomorrow
    (including updates).
  • MaryPIRG event on Biodiversity, tonight (Wed.,
    April 1)
  • 1101 Tydings
  • 6 p.m.

7
Once again, lots of environmental items in the
news
  • Climate change discussion draft introduced in
    the House. (America Clean Energy and Security
    Act). This draft bill is
  • 25 pages
  • 50 pages
  • 100 pages
  • 200 pages
  • 600 pages

8
SO2 allowance auction 2009
  • http//www.epa.gov/airmarkets/trading/2009/09spotb
    ids.html
  • http//www.epa.gov/airmarkets/trading/2009/09summa
    ry.html
  • Compare to 2008
  • http//www.epa.gov/airmarkets/trading/2008/08spotb
    ids.html

9
Endangered Species Act
  • Listing
  • Critical Habitat
  • Responsibilities for Federal Agencies
  • Responsibilities for private citizens. Private
    citizens are prohibited from taking a species.
  • Reminder about policy studies

10
  • 1981 FWS says that habitat modification is
    potentially a taking.
  • 1995 Supreme Court, in the Sweet Home decision,
    agrees.
  • This means that certain kinds of habitat are
    protected on private land.

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  • To think about
  • What kind of policy could prevent this?
  • Would policies aimed at habitat (rather than
    species) protection prevent this?
  • The bright-line problem (How so?)
  • Many policies set a threshold for action. (Can
    you give examples?)
  • This often has perverse effects. (What are these
    for the ESA?)

15
  • Congresss solutions
  • Congress (1982) authorized issuing of Incidental
    Take Permits.
  • Private landowners
  • Can take actions that result incidentally in
    taking of a species.
  • What kind of example was Congress thinking of?
  • Landowners must file a Habitat Conservation Plan.
  • 1990s
  • No surprises policy added to Incidental Take
    policy.
  • Safe Harbor policy

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Private landowners, cont.
  • Takings provision of the Constitution. (Fifth
    Amendment)
  • Amendment V
  • No person shall be held to answer for a
    capital, or otherwise infamous crime, unless on
    presentment or indictment of a Grand Jury, except
    in cases arising in the land or naval forces, or
    in the Militia, when in actual service in time of
    War or public danger nor shall any person be
    subject for the same offense to be twice put in
    jeopardy of life or limb nor shall be compelled
    in any criminal case to be a witness against
    himself, nor be deprived of life, liberty, or
    property, without due process of law nor shall
    private property be taken for public use, without
    just compensation.
  • (Two meanings Takings vs. taking)
  • Aside Kelo decision and eminent domain

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  • Eminent domain The right of the government to
    purchase property for public purposes.
  • Traditionally Highways, Airports
  • Supreme Court Kelo decision (2005)
  • Town of New London (CT) could use eminent domain
    to transfer land from one private owner to
    another to further economic development.
  • Be clear This is undertaken with compensation.

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Fifth Amendment
  • Strongest challenge to the ESA and to
    environmental laws in general.
  • Legal question Do restrictions that arise from
    the Endangered Species Act constitute a taking of
    private property.
  • Yes These are pervasive restrictions on the
    private landowner.
  • No Landowner still has many options, including
    most of what we consider the rights of property
    ownership.
  • So far, courts have accepted the No argument.

19
Potential ESA improvements, cont.
  • Pombo proposal (not enacted) Federal government
    could offer compensation, as suggested by Fifth
    Amendment.

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  • The compensation problem
  • Conceptual
  • Removes the incentive for landowners to check on
    possible restrictions when they purchase
    property.
  • We should also tax people who experience the
    benefits of endangered species protection.
    Nearby landowners benefit the most.
  • Practical
  • What is the right amount of compensation?
  • Still, a compensation policy might be a good idea
  • Why no private insurance for landowners if an
    endangered species is found on their property?

21
  • Summary Two effects on private landowners
  • Direct Cannot take a species
  • Indirect Many private actions involve some sort
    of Federal involvement
  • Fill permits under the Clean Water Act (Sect.
    404)
  • Water from dams built with Federal money.
  • Federal loan guarantees are common.

22
ESA performance
  • 16 species have recovered (removed from list)
    including
  • Grizzly bear
  • Florida alligator
  • Bald eagle
  • 2 have gone extinct.
  • 23 have been downlisted from "endangered" to
    "threatened."
  • Threatened ? endangered ?
  • Is New species added to list a measure of the
    ESAs (negative) performance?

23
Land Use
  • Federal ownership of land
  • Endangered Species Act
  • Narrow and ex post
  • Miscellaneous others (Sect. 404 of CWA)
  • Federal policies to affect private land use.
  • State and local policies

24
Federal Conservation programs
  • Payments to landowners to do undertake actions
    such as
  • Take land out of production.
  • Build terraces or other erosion-control
    structures.
  • Plant grass or trees.
  • Improve wildlife habitat.
  • Riparian buffers.
  • In other words, we pay landowners to take actions
    we want them to take.

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  • The Conservation Reserve Program (CRP) offers
    annual payments and cost sharing to establish
    long-term, resource-conserving cover on
    environmentally sensitive land. The acreage cap
    is 39.2 million acres.
  • The Wetlands Reserve Program (WRP) provides cost
    sharing and/or long-term or permanent easements
    for restoration of wetland on agricultural land.
    The Secretary of Agriculture is required (to the
    greatest extent practicable) to enroll 250,000
    acres per year.

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  • The Environmental Quality Incentives Program
    (EQIP) provides technical assistance, cost
    sharing, and incentive payments to assist
    livestock and crop producers with conservation
    and environmental improvements. An additional
    50 million (to be made available as soon as
    practical) is allocated to water conservation
    activities in the Klamath Basin.
  • The Wildlife Habitat Incentives Program provides
    cost sharing to landowners and producers to
    develop and improve wildlife habitat.

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  • The Conservation Security Program will provide
    payments to producers for maintaining or adopting
    a wide range of structural and/or land management
    practices that address a variety of local and/or
    national resource concerns.
  • The Grassland Reserve Program will protect up to
    2 million acres of grassland.

29
Federal Conservation Programs
  • General features
  • Usually, 15 or 30 year agreement
  • Annual payments
  • Cost-sharing for planting trees, installing
    fence, etc.
  • Main goals
  • Erosion control
  • Wildlife habitat

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Federal Conservation Programs, cont.
  • Auxiliary goals
  • Contribute directly to farm income.
  • Contribute indirectly to farm income Taking
    land out of production will increase crop prices.
  • Keep farmland in agriculture.
  • This framework is also likely to be used for
    carbon sequestration.
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