Unit E Earth Processes, Resources,

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Unit EEarth Processes, Resources, Public
Policy

• Chapter 24
• Environmental Policy, Law, and Planning

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Environmental Policy

• A policy is a plan or statement of intentions
  about a course or action intended to accomplish
  some end.
• Environmental policy includes both official rules
  and public opinion concerning the environment.
• The creation of policy
• Politics as Power
• Competing interest groups try to shape policy to
  suit an agenda.
• Powerful elites grassroots
• Rational Choice
• Utilitarian approach no plan should cost more
  than its benefits.
• Its often difficult to set compare value
• Uncertainty about consequences tends to promote
  the status quo.

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Policy Formation

• The policy cycle identifies and acts upon issues
  within the public arena.
• Role of government
• Role of special economic interest groups
• Industry associations
• Labor unions
• Wealthy / powerful individuals
• Role of public interest groups
• Role of general public opinion

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Statutory Law Legislature

• Statutory law is the result of federal or state
  congressional bodies.
• Bills start in a subcommittee where they are
  marked up for review by the full committee.
  (role of lobbyists?)
• If the full committee passes the bill, it goes on
  to the legislative house for floor debate.
• Bills can be amended at any of these stages,
  potentially with malicious intent or unrelated
  matters.
• By the time both the house and senate approve a
  bill, there are likely to be differences that
  must be ironed out in a conference committee.
• Legislative riders may be attached to the bill at
  this stage with no possibility for further
  amendment.
• Poison pills
• Appropriation bills are not supposed to make
  policy but their riders can
• Once the bills are reconciled, the executive
  (president or governor) may sign the bill into
  law or veto it.

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National Environmental Policy Act (NEPA)

• Established the Council on Environmental Quality
• Coordinates / develops federal environmental
  policy.
• Councils chair is appointed by the President /
  Senate.
• Directs federal agencies to take environ.
  consequences into account in decision making.
• Requires an environmental impact statement for
  every major federal project likely to impact
  environmental quality.
• Purpose / need for project
• Alternatives to proposed action
• States / - environ. impacts
• Some bills are designed to avoid portions of the
  NEPA.

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Case Law Judiciary

• The judicial branch can establish law by ruling
  on constitutionality of statutes and interpreting
  their meaning.
• Courts fill in the gaps of legislation that is
  vague enough for compromise and broad
  application.
• Congressional intent is derived from records of
  hearings and debates.
• The first judge to hear a case pertaining to a
  statute or situation sets precedence for lower
  courts of the same system.
• Judges can distinguish a case to avoid
  precedence.
• Judges can also overturn a precedence if prior
  decisions are outdated.
• Before a trial can start, the litigant must prove
  their standing (personal suffering / material
  affect).

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Case Law Judiciary

• Criminal law derives from federal and state
  statutes that prohibit wrongs.
• Initiated by a government prosecutor, decided by
  a jury of peers, and sentenced by a judge.
• Corporate officers can be held liable if they
  willfully violate law or are shown to be grossly
  negligent.
• Civil law regulates relationships.
• Existing law and common law establish
  precedents.
• Cases seeking compensation for damages are tort
  law.
• Decided on preponderance of evidence, not burden
  of proof.
• Financial penalties may be imposed, but not jail
  time.
• Cease and desist injunctions may be issued by a
  judge alone.
• Ex sue government for not enforcing existing
  laws.
• Strategic lawsuits against public participation
  (SLAPP) can be used to intimidate whistleblowers.

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Administrative Law Executive
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Administrative Law Executive

• Federal and state agencies with environmental
  oversight can set rules, adjudicate disputes, and
  investigate misconduct.
• Informal rule making is fairly open to the
  public.
• Formal rule making is similar to a civil trial
  and is less accessible to the public.
• Executive orders have broad, but sometimes
  temporary power.
• National monuments can be established -- T.
  Roosevelt Clinton are famous for this.
• Executive orders from one administration can be
  instantaneously overturned by the next.

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Administrative Law Executive

• Regulatory Agencies
• The Environmental Protection Agency (EPA) is a
  cabinet-level agency responsible for protecting
  human health and safeguarding the natural
  environment.
• Balances many competing interests and opinions.
• Agency actions can shift dramatically public
  attitude and who is President.
• The Department of the Interior
• National Park Service - parks, monuments,
  recreation
• Bureau of Land Management - public land resources
  (13 of U.S. surface area)
• U.S. Fish Wildlife Service - wildlife refuges
  endangered species management
• The Department of Agriculture
• U.S. Forest Service - manages national forests
  grasslands
• Administrative courts
• Hear challenges to agency rules regulations.
• Hear enforcement cases if agency rules /
  regulations are violated.

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International Treaties Conventions

• In recent years, nations have become more willing
  enter into international treaties and
  conventions.
• Because international agreements need unanimous
  consent, individual nations can wield veto
  power.
• International law is difficult to enforce.
• Sometimes public embarrassment works.
• Trade sanctions can also be effective (ex CFCs)

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Dispute Resolution and Planning

• Wicked problems dont have simple answers.
• The definition of the problem and the solution
  vary for different stakeholders.
• Usually cant be solved by simple rules, more
  research, or appeals to ethics.
• Adaptive management seeks to formulate and test
  hypotheses.
• Conditions are monitored both of target and
  non-target elements.
• If the policy fails, future decisions proceed
  from a better base of understanding.

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Dispute Resolution and Planning

• An important characteristic of ecosystems and
  economics is resilience.
• Disturbances are inevitable.
• Resilient systems recover, but may not be the
  same.
• Desire to control variability often leads to
  narrow focus.
• Elements of a system can change in unexpected
  ways, leading to homogeniaty.
• Homogenous systems are less resilient -- more
  susceptible to regime change.

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Dispute Resolution and Planning

• The precautionary principle plans for a margin of
  safety for error or surprises.
• Precautionary measures should be taken even if
  causes and effects are not clearly established.
• The burden of proof lies with those who are
  uncautious.
• Decision making must be transparent and include
  all affected parties.
• Arbitration is like a trial, but
• Less rules, publicity, opportunity to appeal
• Less adversarial - more likely to result in
  compromise
• In mediation, a mediator facilitates discussion
  between disputants but has no power to make a
  ruling.

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Dispute Resolution and Planning

• Community-based planning is a holistic, adaptive,
  inclusive, multivalue approach to planning.
• Ongoing cooperative, informed decision making
  limits adversarial gridlock.
• Multiple perspectives and sources of information
  often lead to better decisions.
• Several nations have developed green plans.
• Integrate soil, water, and air systems with
  economics, health, and carrying capacity.
• Expensive to implement, but are expected to pay
  off in the long term.