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Chapter 10 Environmental Policy, Law, and Planning

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Chapter 10 Environmental Policy, Law, and Planning Understand the cycle by which policy is established Scrutinize collaborative, community-based planning methods – PowerPoint PPT presentation

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Title: Chapter 10 Environmental Policy, Law, and Planning


1
Chapter 10Environmental Policy, Law, and Planning
  • Understand the cycle by which policy is
    established
  • Scrutinize collaborative, community-based
    planning methods

2
I. Environmental Policy
  • A. General Information
  • Policy is a plan or statement of intentions
  • Either written or spoken
  • Public policy is the principles, laws, executive
    orders, codes or goals established by some
    government body
  • Environmental policies are the rules and
    regulations concerning the environment that are
    adopted, implemented , and enforced by government
    agencies

3
I. Environmental Policy
  • B. Political Decision Making
  • 1. Politics as power
  • Manages group conflict by
  • Establishing rules to ensure civil competition
  • Encouraging compromises and balancing interest
  • Codifying compromises
  • Enforcing laws and rules

4
I. Environmental Policy
  • B. Political Decision Making
  • 2. Rational Choice
  • Utilitarian approach
  • No policy should have a greater total cost than
    benefit
  • Greatest benefit with least cost
  • Considered applicable to public policy making

5
I. Environmental Policy
  • B. Political Decision Making
  • 2. Rational Choice (cont.)
  • Problems with utilitarian approach
  • Values and needs are hard to compare
  • Incomplete information
  • Few broad social goals
  • Many goals are group specific
  • Politicians look at personal goals
  • Increases power, status, money, and re-election

6
I. Environmental Policy
  • B. Political Decision Making
  • 2. Rational Choice (cont.)
  • Changes in current policies would mean lost
    money in previous ineffective path
  • Future consequences are uncertain which causes
    people to stay with current polices
  • Lack of scientific background reduces the ability
    to understand or cost out policies (current or
    new)
  • Segmented policy making causes inefficient
    coordination of decisions

7
I. Environmental Policy
  • C. Policy Cycle
  • 1. Looked at in stages
  • Identify the problems
  • Described either publicly or privately
  • Set agendas
  • Organize stakeholders
  • Choose tactics
  • Aggravate related issues
  • Legitimate issues
  • Develop proposals
  • Determine preferred policy options

8
I. Environmental Policy
  • C. Policy Cycle (cont.)
  • 1. Looked at in stages (cont.)
  • Enact law or rule
  • Implementation
  • Government agencies carry out policy
  • Monitor effectiveness
  • Evaluate results
  • Measuring impacts
  • Suggest changes
  • Based on results

9
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10
I. Environmental Policy
  • C. Policy Cycle (cont.)
  • 2. Specific Policies
  • National Environmental Policy Act (NEPA)
  • Cornerstone policy
  • For birth policy and law
  • Authorizes the Counsel on Environmental Quality
  • Over sees general environmental conditions
  • Directs federal agencies to take environmental
    consequences into account
  • Requires an Environmental Impact Statement (EIS)
    for every federal project with significant
    environmental impact

11
I. Environmental Policy
  • C. Policy Cycle (cont.)
  • 2. Specific Policies (cont.)
  • National Environmental Policy Act (NEPA) (Cont)
  • EIS is a powerful tool
  • Requires environmental planning
  • Causes environmental issues to surface that may
    have remained hidden
  • Project must be federal and must be major
  • Time consuming and costly

12
I. Environmental Policy
  • C. Policy Cycle (cont.)
  • 2. Specific Policies (cont.)
  • National Environmental Policy Act (NEPA) (Cont)
  • Requirements for an EIS
  • Purpose and need
  • Alternative actions
  • Statement of positive and negative impacts
  • Also should look at short-term resources and long
    term productivity

13
II. Environmental Law
  • A. General Information
  • Special body of official rules, decisions and
    actions
  • Deals with environmental quality, natural
    resources and ecological sustainability
  • Statute Law consists of formal documents and
    decrees
  • Enacted by the legislative branch
  • Case Law derived from court decisions in both
    criminal and civil cases
  • Administrative law arises from executive orders
    administrative rules and regulations
  • Can also be from enforcement decisions

14
II. Environmental Law
  • B. Brief History
  • Originally laissez-faire
  • Environmental degradation was unfortunate but
    necessary
  • Rivers and Harbors Act of 1899
  • Illegal to dump so much refuse that navigation
    was blocked
  • Solution to pollution is dilution
  • Environmental movement grew strong in the 1960s
  • The book Silent Spring, caused an awakening in
    the U.S. (Rachel Carson)

15
II. Environmental Law
  • B. Brief History (cont.)
  • In 1969, an oil well blew up in Santa Barbara,
    CA,
  • This event led to the Clean Water Act of 1972
  • Determined point-source and non point- source
    pollution
  • 27 major law enacted during 1970s

16
II. Environmental Law
  • C. Statutory Law
  • 1. General Information
  • Created by the legislative branch
  • Federal laws are enacted by Congress
  • 2. Convoluted Path
  • Bills are referred to committees
  • Hearings and debate
  • Approval in hearings will send the bills or bills
    to the full house or senate

17
II. Environmental Law
  • C. Statutory Law (cont.)
  • 2. Convoluted Path (cont.)
  • Goes through a floor debate
  • Can still be amended
  • House and Senate versions must be put together
  • The bill is then re-debated
  • If passed, the bill goes to the president
  • If he vetoes, 2/3 vote of the House and Senate
    can override a veto
  • If the president leaves it for 10 days, the bills
    becomes a law
  • Unless Congress adjourns before the 10 days, does
    not become law

18
II. Environmental Law
  • C. Statutory Law (cont.)
  • 3. Legislative Riders
  • Authorizing bills can become law
  • Appropriate bills can allocate money
  • Supposedly for existing plans and laws
  • Riders are appropriate packages attached to other
    bills that fund failed bills
  • Riders are rarely debated

19
II. Environmental Law
  • C. Statutory Law (cont.)
  • 4. Lobbying
  • Groups of individuals attempting to persuade
    legislatures
  • Many groups maintain offices in Washington, D.C.,
    and maintain professional lobbyists
  • Local elections can help influence
  • Media attention can help influence
  • Advertisements
  • Fundraiser events

20
II. Environmental Law
  • D. Case Law
  • 1. General Information
  • Created by the Judicial Branch
  • Sometimes considered the most effective way to
    reexamine environmental issues and affect change
  • Lawsuits are created to shape environmental
    policies
  • Circumvent legislative slowness and politics

21
II. Environmental Law
  • D. Case Law (cont.)
  • 1. General Information (cont.)
  • The system rules on the constitutionality of
    statutes and interprets their meaning
  • 2. Court System
  • 96 Federal court districts
  • Circuit court of appeals sits over district
    courts, in 12 geographic regions

22
II. Environmental Law
  • D. Case Law (cont.)
  • 2. Court System (cont.)
  • Trial court judges rule over trials, rules on
    motions, and decides questions of laws
  • The first judge to hear a case, has the greatest
    latitude for interpretation
  • Sets a precedent for further trials or cases
  • Decisions are not binding from state to state
  • Distinguished cases remove all precedents,
    because the case is deemed different
  • correcting the law is when a judge overrides a
    previous decision that is directly applicable to
    the case

23
II. Environmental Law
  • D. Case Law (cont.)
  • 3. Legal Threshold
  • Standing do the litigants have a right to stand
    before the bar and be heard
  • Must show they are materially affected by the
    action
  • 4. Criminal law
  • Derives from federal or state statutes that
    prohibit wrongs against the state or society

24
II. Environmental Law
  • D. Case Law (cont.)
  • 4. Criminal Law (cont.)
  • Violation of many environmental statutes
    constitute criminal offenses
  • U.S. Supreme Court ruled that corporate officers
    could be held criminally liable under gross
    negligence
  • In 1982, EPA created an Office of Criminal
    Investigation
  • A Colorado company president was sentenced to 14
    years for knowingly dumping chlorinated solvents

25
II. Environmental Law
  • D. Case Law (cont.)
  • 5. Civil Law
  • Defined as a body of laws regulating relations
    between individuals and corporations
  • Deals with property rights, personal dignity, and
    freedom
  • Common Law is based on a body of previous court
    decisions
  • Precedents establish a working definition

26
II. Environmental Law
  • D. Case Law (cont.)
  • 5. Civil Law
  • Tort law deals with cases of personal injury
  • Seeking compensation for damages
  • Civil cases are decided on the preponderance of
    evidence
  • Environmental groups use this type of court
    hearings to receive payments for environmental
    clean up (Exxon Valdez oil spill)
  • Also used to seek injunctions against individuals
    or corporations when environmentally sensitive
    areas are involved

27
II. Environmental Law
  • D. Case Law (cont.)
  • 6. Other approaches
  • Strategic Lawsuits Against Political
    Participation (SLAPP)
  • People who criticize companies are sued in
    retaliation
  • Mostly dismissed
  • Very expensive to fight against
  • Usually defamation lawsuits
  • Used for intimidation

28
II. Environmental Law
  • E. Administrative Law
  • 1.General Information
  • Most municipalities have environmental oversight
    committees
  • Set rules, adjudicate disputes, and investigate
    misconduct
  • Executive agencies work under the jurisdiction of
    cabinet-level departments
  • Ex. Agriculture, Interior, or Justice

29
II. Environmental Law
  • E. Administrative Law (cont)
  • 1. General Information (cont)
  • Orders can be formal or informal
  • Formal cases are published in the Federal
    Register, gives all parties an opportunity to
    submit comments
  • Formal cases have public hearings
  • Rule making is complex
  • Executive orders can be powerful agents for change

30
II. Environmental Law
  • E. Administrative Law
  • 2. Regulatory Agencies
  • Environmental Protection Agency (EPA) is the
    primary agency
  • Cabinet level department
  • 10 regional offices
  • Must balance many competing interests
  • Grew under President Jimmy Carter

31
II. Environmental Law
  • E. Administrative Law
  • 2. Regulatory Agencies
  • Department of Interior and Agriculture deal with
    natural resources
  • Interior deals with the National Parks Service
  • Responsible for 376 parks, monuments, historic
    sites, and recreational areas
  • Houses the Bureau of Land Management, which deals
    with rangeland
  • Houses the Fish and Wildlife Service, which deals
    with 500 wildlife refuges

32
II. Environmental Law
  • E. Administrative Law
  • 2. Regulatory Agencies
  • Agriculture is home for the U.S Forest Service
  • Responsible for 175 National Forests and
    grasslands
  • Department of Labor houses the Occupational
    Safety and Health Agency (OSHA)
  • National Institute for Occupational Safety and
    Health (NIOSH) researches harmful chemicals and
    helps set environmental pollution policies

33
II. Environmental Law
  • E. Administrative Law
  • 3. Administrative Courts
  • 80 of the rules and regulations by EPA have been
    challenged in court
  • Administrative courts hear challenges to agency
    rules and regulations
  • Administrative judges consider the validity of
    the rule and its application to the case being
    heard
  • Administrative court rulings can be appealed to
    the district court

34
II. Environmental Law
  • E. Administrative Law
  • 3. Administrative Courts
  • Can be overruled if
  • The act is too vague or unconstitutional
  • The agency has gone beyond the scope of power
  • The agency didnt follow proper procedure
  • Hear enforcement cases
  • Violations of rule or standards
  • Evidence rules are less strict

35
III. International Treaties and Conventions
  • A. General Information
  • Nations are more willing to abide by global
    treaties of intervention
  • Participation in all treaties is lacking
  • Participation has increased over the last decade
  • Most environmental treaties are non-binding
  • Trade sanctions can be used to get signing
    nations to comply with the signed treaty

36
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37
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38
IV. Dispute Resolution and Planning
  • A. General Information
  • Right v. Wrong, Good v. Evil approach to judicial
    system does not work for environmental issues
  • Ecological, economical, and social parameters are
    also included in environmental issues
  • Good and bad are truly relative and difficult to
    asses
  • Must account for human interactions with nature

39
IV. Dispute Resolution and Planning
  • B. Problems and Adaptive Management
  • Assumed the greater the information, the better
    the development of environmental laws and
    policies
  • Not all environmental issues are straight
    forward
  • What IS ecosystem health ?
  • Wicked problems are environmental issues that
    dont have a clear answer

40
IV. Dispute Resolution and Planning
  • B. Problems and Adaptive Management
  • Solutions are not value free solutions, nor
    objective answers
  • Solutions contain choices
  • Who is affected, who bears the cost, who bears
    the benefit
  • Must obtain a consensus
  • Impossible to know ALL of the variables

41
IV. Dispute Resolution and Planning
  • B. Problems and Adaptive Management
  • Adaptive management may be the solution
  • Known as learning by doing
  • Dont always rely on the initial policy, must
    monitor and make adjustments
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