Environmental Policy Midterm
stare decisis
"to stand by things decided"
executive departments
Fifteen _____________ carry out the day-to-day administration of the federal government
states
Major federal acts are federal, but implemented through ___________
government agencies and their actions are often the causes of environmental problems
NEPA addressed the fact that...
NEPA
NEPA assigns _________ the task of ensuring that fed agencies meet their obligations under the Act
procedural law
NEPA is called a _________ law as it requires all executive branch departments and agencies to conduct a thorough analysis of env impacts early in the planning process
federal agencies; environmental impacts of their actions
NEPA was created to ensure all __________________ consider the _____________________ and decisions
commerce
NOAA is an agency within the department of _____________
he believes in climate change and wants to bring a teddy roosevelt-like approach to managing federal public lands
Ryan Zinke's opinion on climate change and his approach to managing federal public lands?
national significance or might harmonize conflicting decisions in the federal circuit courts
The SC usually only hears cert cases if the case could have ____________________ or it might ________________________
publishing notices of proposed and final rulemaking
The aministrative procedure act includes requirements for....
writs of certiorari
The great majority of cases reach the SC through its granting of petitions for _____________________
creating regulations
The way EPA implements a statute's requirements is by _______________________
Judge Neil Gorsuch
Trump nominated __________________ to fill SC vacancy
each man wants to increase his herd without limit in a world that is limited
What is the "tragedy" in the Tragedy of the Commons?
federal government
Who assumed the dominant role in national policy-making?
Congress
Who can set up article I courts?
california
__________ has been among the world's most active governments in addressing climate change
policy; law
____________ informs ______________
litigation; states
________________ in federal court has become the norm with each new major rule, even before getting enacted, with ________________ leading it
congress; the president
_________________ shares authority with _______________ for federal policymaking on the environment
guidance documents
_____________________ are published by the EPA to further clarify regulations and to assist in implementation of environmental regulations
public policy
a course of government action or inactionin response to social problems
Article 1 tribunal
a federal court that is created by legislature and have differing levels of independence from the executive and legislative branches
Administrative Procedure Act
a law that provides opportunities for the public to comment on notices of proposed rulemaking
pigouvian tax
a policy penalty is also known as
clean power plan
a set of proposed rules that set state-specific goals based on each state's power plant GHG emission rates, and included flexible guidelines for state plans to achieve these goals
wicked problem
a social or cultural problem that is difficult or impossible to solve
senate judiciary committee
a standing committee of the Senate that is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the President
federalism
a system of government in which the same territory is controlled by two levels of government
public policy
a system of laws, regulatory measures, courses of action, and funding priorities concerning a given topic promulgated by a governmental entity or its representatives
policy
a tool for decision making and problem solving that makes use of information from science and values from ethics and economics
signing statement
a written comment issued by the president at the time of signing legislation; usually just comment on the bill that is being signed
rulemaking, adjudication, administrative activities
administrative agencies' three functions:
broad discretion
agencies are afforded ________________ under the court's standard of review
pollution prevention
all 50 states have at least one _______________ program
rider
an additional provision added to a bill or other measure under the consideration by a legislature, having little connection with the subject matter of the bill
california
an example of a state who has taken the lead in areas of environmental policy innovation
policy gridlock
an inability to resolve conflicts in a policymaking body such as congress
executive action
any informal proposal or move by the president; usually carry no legal weight
federal register; submitted comments
both the proposed and final set of rules the EPA makes must appear in the ______________ and the EPA must consider all _____________
penalties
carbon taxes are an example of what P of policy?
NOAA
combined the weather bureau, US commission of fish and fisheries, and the US Survey of the Coast
political party in the majority
committees in congress are chaired by...
budgetary decisions and oversight of agencies
congress can affect agency actions through ___________________________ and ___________________________
necessary and proper clause
congress shall have power to make all laws which shall be necessary and proper for carrying into execution
enabling statutes
contain broad delegations of legislative power to agencies for the purpose of serving the "public interest"
Council on Environmental Quality
coordinates federal environmental efforts and works closely with agencies and other WH offices in the development of environmental policies and initiatives
department of interior
created by congress to take charge of the nation's internal affairs and handle domestic matters
US fish and Wildlife
created under the first legislation recognizing a federal role in conservation of natural resources
Scott Pruitt
current EPA administrator
legal precedent
decisions of appellate courts are considered ___________ ___________
policy formulation
designing and drafting policy goals and strategies for achieving them
committees and subcommittees
dozens of ____________________ in congress have jurisdiction over env policy
responsible official
each federal agency designates a _________________ who must ensure NEPA issues are addressed as part of the agency's actions
EPA
established to consolidate in one agency a variety of federal research, monitoring, standard-setting, and enforcement activities to ensure environmental protection
appropriation bills
every year congress must approve _________________ that fund executive agencies such as EPA
texas commission on environmental quality
example of one of texas's environmental agencies
tax courts, US court of veterans appeals, us court of military appeals, territorial courts (ex: virgin islands court)
examples of Article I courts
pollution, land use, protection of wildlife, energy, consumption of resources, waste production and disposal
examples of areas of env policy
overgrazing on federal lands, acid rain, ocean dumping, atmospheric CO2 discharges, overfishing
examples of how tragedy of the commons applies to modern environmental problems?
review agency decisions, ancillary courts with judges appointed by Article III appeals court judges, or administrative agencies
examples of what Article I courts are set up for?
climate change, fossil fuel dependence, food security, biodiversity loss, education
examples of wicked problems
executive orders; executive actions
executive ____________ are legally binding, while executive _________ are not
killing it
failure to act on a bill is equivalent to __________________
unfunded mandates
federal laws that require states to meet certain regulatory standards, but provide no money to help the states comply
Ruckelshaus
first EPA Administrator
bills, joint resolutions, concurrent resolutions, simple resolutions
four basic types of legislation
1) incomplete or contradictory knowledge, 2. the number of people and opinions involved, 3. the large economic burden, 4. the interconnected nature of these problems with other problems
four reasons that wicked problems are difficult to solve
Administrative Procedure Act (APA)
governs the process by which fed agencies develop and issue regulations
they decide who has legal standing to sue, whaich issues are cases or controversies, and when cases are ready for review, JUDICIAL REVIEW
how do courts influence environmental policy?
they will talk about how they disapprove and plan to do little to implement the bill
how to presidents controversially use signing statements?
to suspend the clean power plan
in West Virginia v. EPA, the court decided......
issuance of policy statements, licenses, and permits
in addition to setting forth rulemaking procedures, APA addresses other agency actions such as....
NEPA
in enacting __________, congress recognized that nearly all federal activities affect the environment in some way and mandated that before federal agencies make decisions, they must consider the effects of their actions on the quality of the human environment
individual; community
in the idea behind the tragedy of the commons, the rights of the ___________ are pitted against those of the ___________________
wicked problems
large-scale, long-term policy dilemmas in which multiple risks and uncertainties combine with sharply divergent public values generate contentious political stalemates
Administrative procedure Act
law that provides standards for judicial review if a person has been adversely affected by an agency action
NEPA
major development in US env policy; required all fed agencies to consider the potential env impact of their actions or projects
incentive regulations
market-oriented regulations that seek to encourage certain behavior through rewards and discourage other behavior through making the conduct costly
policy evaluation
measuring results of policy in relation to goals and costs
policy legitimization
mobilizing political support and formal enactment of policy by law or other means
policy change
modifying goals or means of policy, including termination of programs
renewable energy mandates
more than half of the states have had their agencies pass ________________
Texas
no state has been more aggressive in combatting federal environmental authority than _____________
NEPA
one of the greatest landmarks of american environmental policy
members of congress; sponsor
only ________________ can introduce legislation, and by doing so become the ______________
CEQ
oversees Federal agency implementation of the environmental impact assessment process and acts as a referee when agencies disagree over the adequacy of such assessments
state and local
policy gridlock in congress can stimulate env policy change at the __________________ levels
tradable permits
prescriptive regulations + property rights= ?
climate change
probably the best example of a wicked problem in our time
tradable permits
property rights are created for use of the resource, and trading systems use the market to make prescriptive regulation more efficient
policy implementation
putting programs into effect through a provision of institutional resources and administrative decisions
horizontal stare decisis
refers to a court adhering to its own precedent
sustainability
regulation is the price to pay for _________________
policy documents
represent EPA's official interpretation or view of specific issues
writ of certiorari
requests for review of decisions of federal appellate or district courts
chevron doctrine
requires federal courts to side with a regulatory agency's interpretation of a statute unless it is unreasonable
tactic to pass a controversial provision that would not pass as its own bill
riders are usually created as a...
Chevron v. NRDC
ruled that when Congress has spoken to the precise question at issue then the rule of law demands agency adherence to its intent
regulations
rules that set forth the specific legal requirements of a particular environmental statute
agenda, appointments, budgets, legislative initiatives or vetoes, executive orders, international environmental agreements
six basic indicators of a president's influence on environmental policy
regulate
societies that want to remain sustainable have no choice but to ______________ the use of the commons
National Environmental Policy Act
stated that "it is the policy of the federal government to use al practicable means to create and maintain conditions under which man and nature can exist in productive harmony"
environmental permits; enforcement actions, data
states issue more than 90% of all _______________, complete more than 90% of all ________________, and collect nearly 95% of all ___________ used by the federal government
federal environmental programs
states operate nearly 96% of al _______________________________ that can be delegated to them
enabling legislation
statutes that congress use to create most of the administrative agencies
federalism
system of government in which powers are divided and shared by a central government and its sub-divisional governments
enforcing many environmental statutes and regulations of the US
the EPA has primary responsibility for...
environmental statutes
the EPA is granted explicit enforcement authority in ________________
environmental pollution
the EPA was born in the wake of elevated concern about _______________
presidential reorganization plan
the EPA's overall mission and authority is derived from a __________________ rather than an act of Congress
prescriptive regulation, property rights, penalties, payments, and persuasion
the Five P's of environmental policy
persuasion
the P in policy that require information production and dissemination
penalty
the P of policy that makes an activity more expensive through charges, taxes, or liability
property rights
the P of policy that privatizes the resource by creating these; allocation
which cases it hears
the SC can affect environmental policy significantly in deciding...
dual and vertical
the US courts are a __________ and ____________ system
judicial review
the authority to interpret the Constitution
Department of the Interior
the cabinet-level agency that manages America's vast natural and cultural resources
environmental policy
the deliberate actions taken to manage the activities of the population in order to prevent, reduce, or alleviate any harmful effects on nature and its natural resouces
refundable taxes on beverage containers
the earliest environmental economic incentive program
federal register
the federal gov't's publicly available publication of presidential documents and agency rules and notices
William D. Ruckelshaus
the first EPA administrator
Foreign Affairs, Treasury, and War
the first three executive department that Congress created that had to all take on domestic matters (before department of interior was made)
formulation, legitimization, implementation, evaluation, policy change
the five parts of the policy cycle
payments
the government uses subsidies to encourage beneficial activities
EPA
the government's largest regulatory agency
prescriptive regulations
the most direct and common form of environmental policy
congresisonal record
the official record of the proceedings and debates of the US congress
"racing to the bottom"
the phrase for the concern that states were imposing fewer regulatory burdens to entice industry and economic development
proclamation
the president's official announcement that the president is taking a particular action
writ of certiorari
the primary means to petition the court for review
command-and-control regulations
the regulatory approach utilized by the US government in the 1970's
legal standing
the right to sue
advise and consent on nominations
the senate has the power to _______________________ the president makes for agencies
US Geological Survey
the sole science agency for the Department of the Interior; has lots of natural science expertise and vast earth and biological data holdings
arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law, or if it was taken without observance of procedure required by law
the standard of review for an agency is limited to whether the agency's action was.....
law
the standard rules and regulations that are compulsory and to be followed by all the people of the country
persuasion
the theory behind this P in policy is that the gov't can change people's behavior by forcing them to think about the harm they are causing and publicizing that harm
EPA and NOAA
the two agencies that Nixon created
federal and state
the two court systems in the US
command and control regulations
these impose mandatory requirements and standards upon parties in their activities relating to the environment
prescriptive regulations
these mandate what parties can and cannot do in regards to env policy
international court of justice
this court can review and decide cases involving environmental disputes between nation-states
judiciary act of 1789
this created 13 district courts, three circuit courts, and a supreme court
standard of review
this focuses on the deference an apellate court affords to the decisions of a District Court, jury, or agency
marketable pollution credits
this incentive approach is criticized by some; these permit the holder to pollute a certain amount
Ryan Zinke
trump's pick to head the US dept. of interior
conflicts over natural resource management, prioritization of economic goals or conservation goals
two areas that environmental wicked problems tend to emerge from
to pass a controversial provision that would not pass as its own bill, or to try to stop a bill from being passed
two intentions of riders
major environmental disasters, public awareness
two ways that new problems emerge as political issues that demand the government's attention
enforcement and execution
under Article II of the Constitution, the president is responsible for the ______________ and ____________ of the laws created by Congress
limited role; public land management
until 1970, the federal government played a ___________ role in environmental policymaking, but _______________ was a major exception
state laws and common law nuisance protections
until the 1970's, environmental protection consisted of a patchwork of ___________________ and _________________
public opinion, whether the president's party is controlling congress, members willingness to defer to president's recommendations
ways in which congress exercises its policymaking powers is shaped
commander in chief, power to make treaties, nominating heads of departments, executive orders, pardons, vetoes
what are the 6 main presidential powers?
collecting taxes, defining crimes, and condemning or taking private property for public use
what are the three concurrent powers of the state and national governments?
some think they are a license to pollute; since they can be traded, it can create hotspots of pollution where industries buy a lot of pollution credits from others
what are two problems concerning the issuance of marketable pollution credits?
states suing the EPA, or lining up with EPA against other states in advocating or challenging environmental policies and laws
what are two recent phenomena with the EPA and the states when it comes to the judicial branch?
voted to ease the confirmation process for most nominees by changing the Senate rules to allow most nominees be approved with a simple majority (51 votes rather than 60)
what did Senate do to try to help fix the problem of court vacancies?
ready for review
what does it mean if a case is ripe?
they are closed off from open congressional debate
what is different about riders process-wise from regular bills?
Gorsuch called for the Supreme Court to reconsider its ruling that created the Chevron doctrine
what is notable about Neil Gorsuch and something he called for the SC to do?
115th congress
what is the current meeting of the legislative branch?
states can readily export their problems to other states (interstate transfer)
what is the environmental "balance of trade" problem?
anticipating problems and attempts to prevent them
what is the main focus of states' pollution prevention programs?
only nation-states that agree to subit to the court's jurisdiction will be at a hearing
what is the major limitation of the international judiciary?
in forma pauperis
what is the term for when a filing to the supreme court is from a person who can't pay the cost?
command and control
what kind of regulation is this an example of?: a regulation that outlines how toxic waste must be stored
incentive regulation
what kind of regulation is this example?: some states require consumers to pay a recycling deposit on each can or bottle; if the consumer returns the container, then they are refunded the deposit; if not, they pay more for the product
property matters (like oil and gas, water rights)
what types of environmental cases are within state court jurisdiction?
Nixon thought that additional new independent agencies normally shouldn't be created
what was Nixon's principle that the EPA was an exception of?
an agency may make reasonable interpretation
what was the main point of the Chevron doctrine?
developing the agency's organizational structure, setting standards for pollution, banning of DDT
what were Ruckelshaus's main actions during the EPA's formative years?
construction of the national water system, exploration of western wilderness, management of public parks and lands
what were some of the responsibilities of the Department of Interior when it was first created?
vertical stare decisis
when a court applies precedent from a higher court
mandatory compliance with environmental law, punitive monetary penalties to deter future violations
when a polluter is taken to court, the two most common actions ordered by a court are _______________________________________ and ____________________________________
wrecking amendment
when a rider is used to stop a bill from passing, it is called a ________________
transboundary river disputes
where has the International Court of Justice played a primary role?
standing committees
where most significant policy decisions take place
Article III
which article of the constitution gives authority for our legal system?
the courts
who determine who has legal standing?
states
who have taken on a more significant role in environmental protection?
everyone!
who is a stakeholder in the wicked problem of climate change?
Aristotle
who said "what is common to the greatest number has the least care bestowed upon it"?
