Environmental Law Test 1

"Dilution is..."

"...the solution to pollution"

What does cognitive biases mean?

"we are not good at quantifying costs and benefits"

What are the requirements for informal rule making?

1) publish a notice in the Federal Register 2) give public a chance to comment 3) evaluate comments, determine what to do, and the publish the final rule explaining the rule's basis and purpose

What are the 4 possible frameworks in decision making?

1.) Environmental Rights 2.) Sustainable Development 3.) Utilitarianism 4.) Environmental Justice

How tall did the white pines grow to be?

200ft

What does the APA stand for?

Administrative Procedure Act

What law was passed in 1975?

Automobile Tail Pipe Emissions Legislation

What law was passed in 1970?

Clean Air Act

What law was passed in 1972?

Clean Water Act

What are the two types of adjudication?

Formal and Informal

What are the two ways of rule making?

Formal and Informal

What is an example of Scientific Uncertainty?

Global Warming

Who speaks for the trees?

Humans

What method is the agency that is staffed by flawed individuals who can be swayed by political process?

Interest Group Representation Model

Who said: "In God's wildness lies the hope of the world - the great fresh unlighted, unredeemed wilderness."

Muir

Preservation vs. Conservation was represented by whom?

Muir vs. Pinchot

What's the importance of the Chevron vs. NRDC case?

NRDC sued because the EPA changed their definition of point sourced, EPA did bubbling and classified a plant as a point source. Court chose EPA's decision.

What are the 5 establishments of preservation/conservation?

National Forests National Parks and Monuments Wilderness Areas Wild and Scenic Rivers Marine Sanctuaries

What law was passed in 1968?

National Wild and Scenic Rivers Act

What was the Power Commission vs Scenic Hudson Preservation case about?

The Power Commission wanted to build a power plant but the Scenic Hudson Preservation group opposed and sued. There would've been a large impact on fish and the mountain, however, the power plant won.

What does "standing" mean in reference to law?

The actions of someone directly and personally harmed them.

What is the commerce clause?

The clause gives power to Congress to regulate commerce with foreign nations, and among the several states, and with the Indian tribes

What does biocentric mean?

life is the primary center

What is the prescriptive method?

straight forward, mandates what you can or cannot do

When do you know agency action is final for APA?

the action must be tentative or provisional, but rather the consummation of the agency's decision making the action must determine rights or obligations, or create legal consequences

What is the purpose of guidance documents?

the advise the public in the manner the agency intends to exercise its authority

What is Environmental Justice?

the distribution of burdens and policies

What are public goods?

they aren't owned, accessible to all

What's the purpose of environmental law?

to protect the environment to regulate human use of natural resources

What are two possible forms of corruption?

Agency capture Agency self-interest

What is the property clause?

Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States

What does "takings" mean?

Deprives citizens of economic wellbeing from someone

What is an example of balancing interests?

Economic versus Environmental

What 4 elements determine the level of protection?

Economics Emotion Ethics Science

What law was passed in 1966?

Endangered Species Act

What law was passed in 1973?

Endangered Species Act

Why not use cost benefit analysis?

Ethical and Practical Arguments

True of False: The APA does not have rules for informal adjudications.

False

True or False: Guidance documents are legally binding

False

True or False: There is a big difference between laws and regulations.

False

True or False: A rule can be challenged in court before final agency action is recognized.

False, the rule cannot be challenged until AFTER the final agency action is recognized.

What is informal rule making also called?

Notice and Comment Rule Making

What are the three ways to keep an agency in line?

Pass a law regulating agency action The Administrative Procedure Act (1946) Governs all aspects

What are the 5 methods of the regulatory approach?

Prescriptive Property Rights Penalties Payments Persuasion

What law was passed in 1974?

Safe Drinking Water Act

What law was passed in 1964?

Wilderness Preservation Act

What does ecocentric mean?

ecosystems are the primary standard

How old are environmental laws?

since exodus 23:10-11

What is property rights?

traceable permits

Can the commerce clause be used to regulate land?

yes, but less decisively (property clause)

What happened in the 1970's?

Environmental Laws changed from preservation to reducing the impact of pollution.

Whats the difference between laws and regulations?

Laws are passed by the Legislative Branch whereas Regulations are determined by someone in the Executive Branch

Who said: "There are some who can live without wild things, and some who cannot."

Leopold 1949

What is an example of Market failure?

Misaligned Incentives: public harm vs. personal good

What advantages does the regulatory approach have over legal approach?

Protects before damage is done No need to show causation Private or Public, doesn't matter No need to show negligence

Who wrote Silent Spring?

Rachel Carson (1960's)

What are 3 rights you have in an informal adjudication?

Right to counsel Right to appear before the agency Right to a decision within a reasonable time

What method is the agency that is staffed by experts who objectively interpret and implement laws using best science?

Science Expertise Model

What are the 5 themes affecting Environmental Law and Policy?

Scientific Uncertainty Market Failure Mismatched Sale Cognitive Biases Nontraditional Interests

What is cost benefit analysis?

The government uses market values, surveys, and other devices to place a monetary value on the environment and then compares the benefits to the regulations

Why is the Power Commission vs Scenic Hudson Preservation case significant?

This was the first time citizens were given standing for a case due to the environment.

Who said: "In Wildness is the preservation of the world"

Thoreau 1862

How does the government use the commerce clause to regulate pollution?

Through the commerce clause, the government can regulate interstate business, therefore, if a business pollutes but is conducting business in another state, the government can regulate it.

What law was passed in 1976?

Toxic Substances Control Act

What does "politics" mean?

When there are disagreements or debates to get to a consensus

Do we have a right to a decent environment?

Yes! Inalienable right (kinda)

What is "collective action problem"?

a situation where all individuals would benefit but has a cost that no individual could undertake alone

What's the definition of "decent environment"?

an environment of a quality that permits a life of dignity and wellbeing

What's an example of cognitive bias?

being afraid of a plane but not driving a car

What was the impact of Silent Spring?

brought awareness to the effects of pesticides on plants and insects which lead to the death of many birds

Why have we been so slow to protect our environment through legislation?

changing view of wilderness the impact of wilderness on American's identity

What's the definition of "sustainable environment"?

development within the constraints of the environment while providing a greater standard of living (meet the needs of the present without compromising the needs of the future)

In the early days of regulating pollution, what was there an early emphasis on?

diluting waste

What are the requirements for non-legislative rule making?

don't require notice or public comment supposed to be interpretative rules

The "Golden Age of Environmental Law" was when?

early 1960's to late 1970's

What is an example of a mismatched sale?

ecological boundaries vs. political boundaries

What are externalities?

effects not reflected in the cost of goods or services involved

What law was enacted in Portsmouth, Rhode Island?

enacted first closed deer hunting in 1646

What does Environmental Justice focus on?

environmental harms and regulatory costs

What is a penalty in relation to environmental laws?

financial penalty for environmental harm

What is a an example of a payment?

financial subsidy for reducing environmental harm

Who was Pinchot?

first forester in the US, learned in Germany how to manage forests, hired by Vanderbilt

What is a difficulty in forming a consensus?

free riders

Whats another name for interpretive rules?

guidance documents policy statements

What is the anchoring effect?

hard to correct wrong beliefs

What does anthropocentric mean?

humans are the primary center

(historically) What did the lack of environmental laws result in?

lawsuits

What are the levels of government that enact environmental law?

local state federal international agreement

What are the two sides in environmental decisions?

local vs centralized

What are some examples of the impact of polluted air?

lung disease acid precipitation global warming premature death

What is the Naval Storage Act of 1705?

prevented colonists from cutting down white pines

Public nuisance actions could not be brought forth by

private individuals

What is the 5th amendment?

private property will not be taken for public use without just compensation

What are two powers of the purse?

provide funds for environmental protection to coerce

What is the issue with open access resources?

tragedy of the commons: individuals act independently contrary to the common good

(historically) Local lawsuits depend on doctrines of

trespass and nuisance

What is the Scientific Expertise Model?

when the agency is staffed by experts who objectively interpret and implement laws using best science

What is the Interest Group Representation Model?

when the agency is staffed by flawed individuals who can be swayed by political process

What are the two things courts are required to determine?

whether agency officials acted in compliance with federal statutes whether the agency's actions were arbitrary

What was the Rivers and Harbors Appropriations Act of 1899?

you can't empty refuse matter, fill or alter the course of a harbor or port, or build a dam without a permit.