Environmental Policy Midterm- Dr. King

Trump's view on climate change

"I'm not going to lose that wealth, I'm not going to lose it on dreams, on windmills, which frankly aren't going too well."

Presidential Proclamation

-"states a condition, declares a law and require obedience, recognizes an event or trigger the implementation of a law (by recognizing that the circumstances in law have been realized) -these orders carry same force of law as executive orders—the difference between the two is that executive orders are aimed at those inside government while proclamations are aimed at those outside government. The administrative weight of these proclamations is upheld because they are often specifically authorized by congressional statute, making them "delegated unilateral powers." -Presidential proclamations are often dismissed as a practical presidential tool for policymaking because of the perception of proclamations as largely ceremonial or symbolic in nature. However, the legal weight of presidential proclamations suggests their importance to presidential governance.

US Legal System-Article III

-'The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. -The U.S. Supreme Court, the federal courts of appeals and district courts, and the U.S. Court of International Trade are established under Article III of the Constitution . Justices and judges of these courts, known as Article III judges, exercise what Article III calls "the judicial power of the United States." -The Judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour , and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

1990s environmental policy

-1992 campaign- Bush criticized environmentalists as extremists who were putting Americans out of work -Clinton/Gore- more supportive of env agenda -in office, Clinton env policy reform was part of a broader effort to "reinvent government"

Signing Statement

-A "Signing Statement " is a written comment issued by a President at the time of signing legislation. Often signing statements merely comment on the bill signed, saying that it is good legislation or meets some pressing needs. -The more controversial statements involve claims by presidents that they believe some part of the legislation is unconstitutional and therefore intend to ignore it or to implement it only in ways they believe is constitutional. Critics argue that the proper presidential action is either to veto the legislation (Constitution, Article I, section 7) or to "faithfully execute" the laws (Constitution, Article II, section 3). -Presidents have been criticized for the use of signing statements. -In July 2006, an ABA "Blue Ribbon Task Force" found that these presidential assertions of constitutional authority "undermine the rule of law and our constitutional system of separation of powers."

Presidents and Environmental Policy

-A President's influence on environmental policy can be evaluated by examining a few basic indicators -Agenda: expressed in campaign statements, policy documents and major speeches -Appointments: key positions to lead agencies, departments, and WH staff -Budgets -Legislative Initiatives or Vetoes -Executive Orders -International Environmental Agreements

A view to the future

-A study examining the impact of over 2,000 federal court decision's on the EPA's policies and administration in its first 20 years (1970-90) found that compliance with court orders has been one of EPA's top priorities -Recent phenomenon - States suing EPA or lining up with EPA against other states in advocating or challenging environmental policies and laws -Courts will become an increasingly important pathway for reviewing and revising policies during Congressional gridlock

EPA

-Born in the wake of elevated concern about environmental pollution , EPA was established in1970 to consolidate in one agency a variety of federal research, monitoring, standard-setting and enforcement activities to ensure environmental protection. -Since EPA's overall mission and authority derive from a presidential reorganization plan rather than an act of Congress, EPA functions largely as an umbrella organization administering fragmented programs that operate under separate laws and budgets

administrative agencies

-Congress creates most administrative agencies through statutes called enabling legislation, although sometimes the President creates or initiates agencies through an executive reorganization plans as Nixon did with EPA and NOAA -enabling statutes contain broad delegations of legislative power to agencies for the purpose of serving the "public interest, convenience and necessity." -this power to create rules is sometimes referred to as quasi-legislative because rulemaking authority is limited in scope to authority it is granted by Congress

Supreme Court Justices by the numbers

-Congress increased the number to seven in 1807, to nine in 1837, then to 10 in 1863. Then, in order to prevent President Andrew Johnson, who was soon to be impeached, from naming any new Supreme Court justices, Congress passed the Judicial Circuits Act of 1866. This Act reduced the number from 10 to seven. The decrease was to take effect as the seats became vacant. •However, only two seats were freed up by 1869, so there were eight justices. Congress added one seat back in, and decided that there should be nine justices. The Judiciary Act of 1869 officially set the number, and it has not budged since.

Corporate Social Responsibility

-Corporate Social Responsibility (CSR) refers to operating a business in a manner that accounts for the social and environmental impact created by the business. -CSR means a commitment to developing policies that integrate responsible practices into daily business operations, and to reporting on progress made toward implementing these practices. -CSR promotes a vision of business accountability to a wide range of stakeholders, besides shareholders and investors. Key areas of concern are environmental protection and the wellbeing of employees, the community and civil society in general, both now and in the future. -The concept of CSR is underpinned by the idea that corporations can no longer act as isolated economic entities operating in detachment from broader society.

US Geological Survey

-Created by an act of Congress in 1879, USGS has evolved over the ensuing years, matching its talent and knowledge to the progress of science and technology. -USGS is the sole science agency for the Department of the Interior. It is sought out by thousands of partners and customers for its natural science expertise and its vast earth and biological data holdings.

2000s env policy

-George W. Bush represented the views of regulated parties (timber, mining, agriculture, oil) -Sought to reduce the burden of env protection through voluntary, flexible and cooperative programs - and transfer of power to the states -Withdrew the US from Kyoto Protocol

Env applications of TOTC

-Hardin's useful insight was to recognize that this concept applies in its broader sense to a great many modern environmental problems (e.g., overgrazing on federal lands, acid precipitation, ocean dumping, atmospheric carbon dioxide discharges, draw down of fossil aquifers, firewood crises in less developed countries, overfishing, overpopulation). -Simply stated, this is a serious social dilemma: an instance where individual rational behavior (i.e., acting to maximize personal short-term gain) can cause long-range harm to the environment, others and ultimately oneself.

Persuasion

-If prescriptive regulation and market instruments represent "hard" regulatory approaches, then a softer approach may be found in laws requiring information production and dissemination. Sometimes described as reflexive laws, the theory behind such approaches is that the government can change people's behavior by forcing them to think about the harm they are causing and by publicizing that harm. -In the context of the commons, the government might require shepherds to record and publish the number of sheep they graze, the amount of forage the sheep eat, or the days before the commons can no longer support grazing. The government also may try to educate the shepherds with brochures or presentations on the causes and dangers of overgrazing, or may sponsor a pilot project that demonstrates more effective ways to manage the commons.

Department of Interior

-In 1789, Congress created three Executive Departments: Foreign Affairs (later in the same year renamed State), Treasury, and War. It also provided for an Attorney General and a Postmaster General. Domestic matters were apportioned by Congress among these departments. -The idea of setting up a separate department to handle domestic matters was put forward on numerous occasions. It wasn't until March 3, 1849, the last day of the 30th Congress, that a bill was passed to create the Department of the Interior to take charge of the Nation's internal affairs.

International Judiciary

-International Court of Justice (principal judiciary of UN) can review and decide cases involving environmental disputes between nation- states. -Major limitation - only nation-states that agree to submit to the court's jurisdiction will be there -ICJ has played a primary role in transboundary river disputes

NEPA (National Environmental Policy Act)

-NEPA was one of the great landmarks of American environmental policy, and has been imitated by more than ½ the states and by many other countries. -It addressed a pervasive problem: the fact that government agencies and their actions are themselves often the causes of environmental damage -NEPA is called a procedural law as it requires all executive branch depts and agencies to conduct a thorough analysis of environmental impacts early in the planning process -NEPA applies to all federal actions, including approvals, licensing and funding, even if the federal share of the funding is small

Riders in the storm

-One of the riders attached to the 2011 bill permanently removed ESA protection from wolves in Montana and Idaho and turned their protection over to state wildlife agencies - the first time Congress ever took an animal off the list -One of the 2012 riders would have kept Obama administration EPA from issuing any proposed greenhouse gas emissions regulations -Over 70 anti- environmental riders were added to the appropriations bill during the 112th Congress

President's Role with EPA

-President Richard Nixon created EPA and NOAA in 1970 by Executive Order approved by Congress -President Nixon then appointed William Ruckelshaus as first EPA Administrator -William D. Ruckelshaus, the first Administrator of the EPA under Nixon and the fifth under Reagan, and William K. Reilly, the EPA Administrator under President George H. W. Bush, write in a statement that Trump "hasn't a clue about Republicans' historic contributions to science-driven environmental policy."

Recent SCOTUS nomination

-President Trump nominated Judge Neil Gorsuch, of the Court of Appeals for the Tenth Circuit, to fill the vacancy left when Justice Scalia died. -Notably, in the case Gutierrez-Brizuela v. Lynch, Gorsuch called for the Supreme Court to reconsider its 1984 ruling that created the Chevron doctrine, which requires federal courts to side with a regulatory agency's interpretation of a statute unless it is unreasonable.

Role with EPA

-President appoints EPA administrator -Trump nominee administrator Scott Pruitt -Pruitt resigned amid scandals in 2018

Federal Register

-Presidential documents (EOs, proclamations, and other documents) -rules and regulations (having legal effect) -proposed rules and regulations (having legal effect) -proposed rules and regulations (text as well regulatory agendas and notices of hearings) -notices (announcements of application deadlines or license revocations -notices of sunshine act meetings

Presidential Memoranda

-Presidential memoranda do not have an established process for issuance or publication. -Presidential memoranda are generally considered less prestigious than executive orders. -There are three types of memorandum: presidential determination or presidential finding, memorandum of disapproval, and hortatory memorandum.

Trump env policies

-Rollbacks of environmental regulations - -In February 2017, Trump reversed an Obama administration rule that blocked coal-mining operations from dumping waste into waterways. -Trump granted a permit for construction of the Keystone XL pipeline in March and for the Dakota Access pipeline in February -In March, Trump announced roll backs of automotive fuel efficiency standards adopted during the Obama administration, which currently require automakers to achieve 35.5 mpg across their fleets and that they must reach 54.4 mpg by 2025. -In March, Trump executive order directing a review of the EPA's "Clean Power Plan" and Related Rules and Agency Actions -On June 1, 2017, President Trump announced his intention to withdraw the United States from the Paris Agreement. -cuts EPA budget -Total Environmental Law & Policy rollbacks in process or completed - 95

Confirmation Hearings

-Senate Judiciary Committee -A standing committee of the US Senate, the 18-member committee is charged with conducting hearings prior to the Senate votes on confirmation of federal judges (including Supreme Court justices) nominated by the President.

States Courts & Env Policy

-Some types of environmental cases are within state court jurisdiction such as cases involving water rights and oil and gas - property matters -State Courts also interpret state constitutions and state statutes -State courts review their own administrative agencies such as TCEQ and Texas Parks & Wildlife

Obama env policy

-Stricter Fuel efficiency/Emission Standards (2009) -Climate Action Plan (2013) -Clean Power Plan (2015) -Waters of the US Rule (2015) -Paris Agreement Executive Action (2016)

Appeal to Supreme

-Supreme Court can affect Environmental Policy significantly in deciding which cases it hears -The primary means to petition the court for review is to ask it to grant a writ of certiorari. Most common—roughly two-thirds of the total—are requests for review of decisions of federal appellate or district courts. The great majority of cases reach the Supreme Court through its granting of petitions for writs of certiorari, from the Latin certiorari volumnus, "we wish to be informed."

Visiting the Supreme Court

-The Court is increasingly popular among visitors to Washington. •Visitors who want to see the Court at work should check its schedule in advance. Usually it alternates two weeks of hearing cases, on Monday through Wednesday, with two weeks of recess, for opinion-writing -Spectators are admitted to the Chamber as seats become available. The public seating capacity is approximately 250; but for the most dramatic cases and special occasions there is never enough room.

Proclamations and Executive Orders

-The President's executive powers also include the authority to issue proclamations and executive orders -a proclamation is the president's official announcement that the President is taking a particular action. Such an announcement is not the same as an Executive Order, which has the force and effect of law by carrying out a provision of the Constitution, a federal statute, or a treaty -The Constitution does not expressly give the President the power to promulgate executive orders. Instead, this power has been inferred from the president's obligation to faithfully execute the laws. Proclamations and executive orders are published in the Federal Register to notify the country of presidential actions

courts and policy

-The federal courts' most important power is that of judicial review, the authority to interpret the Constitution. -When federal judges rule that laws or government actions violate the spirit of the Constitution, they profoundly shape public policy. For example, federal judges have declared over 100 federal laws unconstitutional .

Judicial Appointment

-The importance of judicial appointment in the federal court system cannot be overemphasized -In early 2014, the Senate held up more judicial appointments than in the past, resulting in a high vacancy rate. -In response, a divided Senate voted to ease the confirmation process for most nominees by changing the Senate rules to allow most nominees to be approved with a simple majority (51 votes rather than 60) -As of February 25, 2020, the United States Senate has confirmed 193 Article III federal judges nominated by President Trump, including 2 Associate Judges to the US Supreme Cour

Judiciary Act of 1789

-The law created 13 district courts in principal cities , with one judge apiece, and three circuit courts to cover the other areas of the eastern, middle and southern United States. Above these it set a Supreme Court, with a Chief Justice and five Associate Justices, as the only court of appeals.

Proposed NEPA changes

-The proposed new rules would narrow the range of projects that require an assessment and impose strict new deadlines on completing the studies. -The changes would also eliminate the need for agencies to consider the "cumulative impacts" of projects. In recent years, courts have said that includes studying the planet-warming consequences of emitting more greenhouse gases. Mary B. Neumayr, the chairwoman of the White House Council on Environmental Quality, said the change did not prevent or exclude consideration of the impact of greenhouse gases; consideration would no longer be required. -The changes would set hard deadlines of one year to complete reviews of smaller projects and two years to complete reviews of larger ones.

US Fish and Wildlife

-The resolution said that " the most valuable food fishes of the coast and the lakes of the United States are rapidly diminishing in number , to the public injury, and so as materially to affect the interests of trade and commerce." -The act gave President Grant authority "to appoint, by and with the advice and consent of the Senate, from among the civil officers or employees of the government, one person of proved scientific and practical acquaintance with the fishes of the coast, to be commissioner of fish and fisheries, to serve without additional salary." -148 years later, Fish Commission's legacy remains within Fish and Wildlife Service.

writ of certiorari

-This is a request that the Supreme Court order a lower court to send up the record of the case for review. The Court usually is not under any obligation to hear these cases, and it usually only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value. •In fact, the Court accepts 100-150 of the more than 7,000 cases that it is asked to review each year.

CEQ Chair Nominee

-Trump nominated Mary Neumayr as chairwoman of the Council on Environmental Quality. She currently is the highest-ranking official at the council, which coordinates environmental policy and regulations across agencies. -Neumayr was unanimously confirmed by the United States Senate and began serving January 2019.

Riders

-a additional provision added to a bill or other measure under the consideration by a legislature, having a little connection with the subject matter of the bill -they are usually created as a tactic to pass a controversial provision that would not pass as its own bill. Occasionally, a controversial provision is attached to a bill not to be passed itself but to prevent the bill from being passed (in which case it is called a wrecking amendment or poison pill) -when typically tacked onto a spending bill, these would not change federal spending by one cent -these sneak through legislative changes that would be difficult to pass on their own in open congressional debate -often result in the measure getting less scrutiny and enable their sponsors to avoid responsibility for pushing them

Property Rights

-a classic solution to the tragedy of the commons is to privatize the resource by creating property rights. -using our grazing example, instead of an open-access commons, assume the field has now been divided into square parcels of land and allocated to individual shepherds, including you. You now have the right to exclude everyone else's sheep from your parcel. Are you still as eager to overgraze as before?

Term of U.S. Supreme Court

-annual term begins first Monday in October -ends when the year's schedule of cases is finished. Spring usually end-of-term crunch -even in summer, after the Justices have wound up the formal schedule, new petitions follow them at the rate of nearly 150 a week; motions such as those for stays of judgment must be dealt with; and appeals of national significance may bring the Court back into session.

How does legislation begin?

-anyone may draft a bill; however, only members of Congress can introduce legislation and by doing so become the sponsors -there are four basic types of legislation: bills, joint resolutions, concurrent resolutions, and simple resolutions -the official legislative process begins when a bill or resolution is numbered- H.R. signifies a House bill and S. a Senate bill- referred to a committee and printed by the Government Printing Office

State Innovation

-certain states take the lead (California) -earliest economic incentive program-refundable taxes on beverage containers- 10 states -all 50 states have at least one pollution prevention program, 36 of which are backed by state legislation

Council on Environmental Quality (CEQ)

-congress established the Council of Environmental Quality within the Executive Office of the President as part of the National Environmental Policy Act of 1969 (NEPA) -In enacting NEPA, 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 -The Council on Environmental Quality (CEQ) coordinates Federal environmental efforts and works closely with agencies and other White House offices in the development of environmental policies and initiatives. CEQ was established within the Executive Office of the President by Congress as part of the National Environmental Policy Act of 1969 (NEPA) and additional responsibilities were provided by the Environmental Quality Improvement Act of 1970. -President Trump nominated chair of CEQ, Kathleen White, who was previously chair of the Texas Commission on Environmental Quality. Her nomination was withdrawn over concerns that she would not be approved.

Hardin's population discussion

-considers limiting population for better of resources

Mission of Dept. of Interior

-construction of national capital's water system -the colonization of freed slaves in Haiti -exploration of western wilderness -oversight of the DC jail -regulation of territorial governments, management of hospitals and universities -management of public parks, and the basic responsibilities for Indians, public lands, patents, and pensions -all of these had to do with the internal development of the Nation or the welfare of its people

116th Congress

-convened on Jan. 3, 2019 and ends Jan. 3, 2021 -Nov. 2018, Democrats win majority in House and Republicans win majority in Senate -most diverse congress ever elected

standard of review

-courts shape environmental policy by their choice of standard of review -the standard of review focuses on the deference an appellate court affords to the decisions of a District Court, jury or agency -will the court take a hard look at the action of public environmental officials or will they defer to administrative expertise of the agency? -Review of agency (like EPA, Department of Interior, etc.) determinations is limited to whether the agency's action was 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. -Agencies are afforded broad discretion under this standard of review.

US Legal Principles

-decisions of appellate courts are considered legal precedent -principle of stare decisis: "to stand by things decided" or "let the decision stand." The doctrine operates both horizontally and vertically. Horizontal stare decisis refers to a court adhering to its own precedent. A court engages in vertical stare decisis when it applies precedent from a higher court. •Consequently, stare decisis discourages litigating established precedents, and thus, reduces spending.

US Courts- Dual and Vertical System

-dual and vertical aspects to our US Court System -State and Federal Courts compose Judiciary -Trial Courts lead to higher appellate courts and then to courts of last resort (if parties appeal)

Tragic Consequences in Global Common Areas

-earth's atmosphere = common dump for waste. The consequence is acid rain, greenhouse effect, and the erosion of the Earth's ozone layer -Oceans = common dump for waste. Consequence is pollution.

Reagan presidency

-environmental policies were reevaluated in light of Reagan's desire to reduce the scope of government regulation, shift responsibilities to the states, and depend more on the private sector -Massive reductions in funding for environmental agencies

Payments

-government can discourage certain polluting activities through penalties or, equally, it can use subsidies to encourage beneficial activities -just as government can use penalties to capture negative externalities and make bad activities more expensive, it can use payments to capture positive externalities and make good activities less expensive. In our commons, shepherd might be paid $100 not to graze one of their sheep for a year

state and env policy

-if states were independent countries, 18 would rank in the top 50 nations in terms of emissions -California has been among the world's most active governments in addressing climate change -no state has been more aggressive in combatting federal env authority than Texas; Governor Abbott has filed more than 20 lawsuits to block env actions by the Obama admin

Incentive Regulations

-incentive regulations are market-oriented and and seek to provide incentives to encourage certain behavior through rewards and discourage other behavior through making the conduct costly -some states require consumers to pay a recycling deposit on each can or bottle. If the consumer fails to recycle the container, the consumer pays more for the product. On the other hand, if the consumer returns the containers, the consumer is refunded the deposit and pays less per container of product by engaging in the environmentally-friendly practice of recycling. -incentive regulations are not without some critics. An example of an approach criticized by some is the issuance of marketable pollution credits. The credit permits its holder to pollute a certain amount. Since the credits are marketable, some companies are able to reduce their pollution, leaving a surplus of credits that they can sell to other companies for money. Some argue that credits are a license to pollute

A "Common" Thought?

-not a new discovery -Aristotle noted "what is common to the greatest number has the least care bestowed upon it" -Hobbes also noted in "Leviathan" -William Forster Lloyd identified the problems resulting from property owned in common

Command & Control

-one approach is the use of command and control regulations. This was the approach utilized by the U.S. government in the 1970s -command and control regulations impose mandatory requirements and standards upon parties in their activities relating to the environment -example: regulations that outline how toxic waste must be stored or the type and level of pollutants that can be reintroduced into a public water system are command and control regulations

Policy as problem-solving

-policy is a tool for decision making and problem solving that makes use of information from science and values from ethics and economics -public policy addresses public and societal problems and is created by public institutions or government

Permits

-prescriptive regulations can be combined with property rights through the use of tradeable permits in environmental markets. Here, property rights are created for use of the resource- for the right to graze sheep in a certain area, emit a ton of sulfur dioxide, or catch a lobster -Trading systems use the market to make prescriptive regulation more efficient. The government decides how much of a harmful activity to permit (just as it would with prescriptive regulations), awards private rights to engage in the activity up to the regulatory cap, and then permits those rights to be traded. The market does not play a role in determining the overall level of environmental protection; that is the role of the regulatory regime.

Prescriptive Regulations

-prescriptive regulations mandate what parties can and cannot do- thou shalt or thou shalt not -this is both the most direct and the most common form of environmental law. In the context of overgrazing the commons, for example, the government might limit the number of sheep that may graze, or restrict grazing to a particular season or period of time

Transformed State Role

-public opinion data shows that citizens have a higher degree of trust in public service and regulations dispensed from state capitals than from Washington -states directly regulate approximately 20% of total US economy and operate nearly 96% of all federal env programs that can be delegated to them -in areas with established federal footprint like air and water, states have considerable opportunity to move beyond federal standards

Policy vs. Law

-public policy is a course of govt. action or inaction in response to social problems -laws are the standard rules and regulations that are compulsory and to be followed by all the people of the century

Tragedy is Common

-rights of individuals are pitted against those of the community -regulation is the price to pay for sustainability

What do agencies do?

-rulemaking -adjudication of individual cases brought before administrative law judge (ALJ) -administrative activities

Penalties

-short of banning an activity, the next most effective way to limit the behavior is to make it more expensive, whether through charges, taxes, or liability. By increasing the costs of polluting activities, such penalties discourage pollution and waste and force the polluter to bear the costs of their activities. To use economics language, the polluter internalizes the negative externalities of her behavior. Also known as Pigouvian tax, this policy instrument ensures that each actor has a direct incentive to regulate her own behavior according to how valuable the polluting activities are -in our commons example, shepherds might be charged a fee per sheep for the right to graze each day. The fee could be shifted up or down, depending on the desired level of grazing. Carbon taxes, much discussed in the press at the moment, are a topical example of this approach

states vs federal govt

-some states have sued the federal govt. in an attempt to push the federal govt to take bolder env step (Mass v. EPA) -other states have sued the federal govt. to contest new federal rules (Texas and groups of states) -litigation in federal court has become the norm with each new major rule (Waters of the US, Clean Power Plan) facing litigation even before enacted with states leading litigation

Who, what, when

-standing is an issue of who may sue- and the precedent says that you must have an injury-in-fact to bring a suit to court -courts also decide which issues are cases or controversies and therefore what issues may be subject of review -courts decide when cases are ripe or ready for review

Interstate env issues

-states can readily export their problems to other states resulting in potentially serious "balance of trade" problems -air quality policy- OH and PA burn large amounts of high-sulfur coal- prevailing winds transfer pollutants to other regions, particularly New England -solid, hazardous, and nuclear wastes

States as Progressive in env policy

-states directly regulate 20% of the total US economy, including many areas of env concern -states issue more than 90% of all env permits, complete more than 90% of all enforcement actions, and collect nearly 95% of data used by the federal government -in air quality, 15 state agencies have adopted stringent laws or regulations to fill a gap in federal standards

administrative procedures act

-the Administrative Procedure Act (APA) of 1946 governs the process by which federal agencies develop and issue regulations -it includes requirements for publishing notices of proposed and final rulemaking in the Federal Register, and provides opportunities for the public to comment on notices of proposed rulemaking. The APA requires most rules to have a 30 day delayed effective date. -in addition to setting forth rulemaking procedures, APA addresses other agency acions such as issuance of policy statements, licenses, and permits. It also provides standards for judicial review if a person has been adversely affected by an agency action

Additional Powers

-the President has the power either to sign legislation into law or to veto bills enacted by Congress, although Congress may override a veto with a two-thirds vote of both houses -the Executive Branch conducts diplomacy with other nations, and the President has the power to negotiate and sign treaties, which also must be ratified by two-thirds of the Senate -the President can issue executive orders, which direct executive officers or clarify and further existing laws

Bill on the Hill

-the bill is referred to as the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Most often, the actual referral decision is made by the House or Senate parliamentarian -Bills may be referred to more than one committee and it may be split so that parts are sent to different committees -the Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it.

Role as Chief Executive

-under Article II of the Constitution, the President is responsible for the execution and enforcement of the laws created by Congress. Fifteen executive departments- each led by an appointed member of the President's Cabinet- carry out the day-to-day administration of the federal government -they are joined in this by other executive agencies such as the CIA and the Environmental Protection Agency, the heads of which are not part of the Cabinet, but who are under the full authority of the President

Congressional Authority

-under the Constitution, Congress shares authority with the President for federal policymaking on the environment -President is involved in setting environmental agenda but Congress can affect agency actions through budgetary decisions and oversight of agencies -the Senate has the power to advise and consent on nominations- they almost always approve presidential nominees when the same party controls both institutions -power to ratify treaties -the Constitution provides that the president "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur" -necessary and proper clause Article 1, Section 8

1970s env policy

-until 1970, the fed govt played a limited role in environmental policymaking- public land management was a major exception -first earth day- april 22, 1970 -concern for environmental protection evident across population (env movement) -National Environmental Policy Act signed in 1969 stating "it is the policy of the federal government... to use all practicable means...to create and maintain conditions under which man and nature can exist in productive harmony."

Federal role in env protectionn

-until 1970s, env protection consisted of a patchwork of state laws, local ordinances and common law nuisance protections -before the 1970s, the conventional wisdom on federalism viewed the states as sufficiently lethargic to require a powerful central government in env policy

Policymaking in Committee

1) House and Senate standing committees are where most significant policy decisions take place 2) dozens of committees and subcommittees have jurisdiction over environmental policy 3) committees are chaired by political party in the majority

Rulemaking

1) agency drafts rule in consultation with interested parties 2) proposed rule is published in Federal Register 3) interested parties may file written comments on written draft of rule, usually within 30 days of publication in Federal Register 4) first draft of rule, accompanied by statement of purpose and cost-benefit analysis, is published in federal register 30 days before it takes effect 5) during 30 day period, agency receives feedback from interested parties and decides if final draft should be rewritten. If not, the rule becomes law

Congress Funds Policy

1) every year, Congress must approve appropriation bills that fund executive agencies such as the EPA 2) these are routine decisions that adjust spending only slightly 03) in 2011, Republican members attached 39 riders to the 2012 appropriations bill for the Dept. of Interior and EPA 04) the bill sought to cut DOI spending by 7% and EPA by 16% for 2011 and 34% for the combined 2 year budget

Committee to Veto

1) referral to committee 2) committee action 3) subcommittee review 4) mark up 5) committee action to report a bill 6) publication of a written report 7) scheduling floor action 8) debate 9) voting 10) referral to other chamber 11) conference committee action 12) final actions

Positive Outcomes

1. Company benefits: • Improved financial performance; • Lower operating costs; • Enhanced brand image and reputation; • Increased sales and customer loyalty; • Greater productivity and quality; • More ability to attract and retain employees; • Reduced regulatory oversight; • Access to capital; • Workforce diversity; • Product safety and decreased liability. 2. Benefits to the community and the general public: • Charitable contributions; • Employee volunteer programs; • Corporate involvement in community education, employment and homelessness programs; • Product safety and quality. 3. Environmental benefits: • Greater material recyclability; • Better product durability and functionality; • Greater use of renewable resources; • Integration of environmental management tools into business plans, including life-cycle assessment and costing, environmental management standards, and eco-labelling.

Affordable Clean Energy (ACE) rule

"The ACE Rule would restore the rule of law and empower states to reduce greenhouse gas emissions and provide modern, reliable, and affordable energy for all Americans," said EPA Acting Administrator Andrew Wheeler. "Today's proposal provides the states and regulated community the certainty they need to continue environmental progress while fulfilling President Trump's goal of energy dominance." ACE Rule was promulgated on June 19, 2019. It shifts responsibility to the states and gives no deadline for compliance.

Clean Power Plan

In 2014, EPA issued the 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 Intent was 30% reduction in GHGs WV and other States sued EPA and a Supreme Court stay is in place on CPP The way EPA implements a statute's requirements is by creating regulations, rules that set forth the specific legal requirements of a particular environmental statute . EPA must go through a set process to create regulations which includes giving the public the ability to submit comments on the regulations before they are finalized. Both the proposed and final set of rules must appear in the Federal Register , the federal government's publicly available daily publication of Presidential documents and agency rules and notices. After the EPA published the proposed CPP in the Federal Register , several million comments were submitted, and EPA had to consider all of them ! Based on th

Factors Pushing Business Towards CSR

1. The shrinking role of government -In the past, governments have relied on legislation and regulation to deliver social and environmental objectives in the business sector. Shrinking government resources, coupled with a distrust of regulations, has led to the exploration of voluntary and non-regulatory initiatives instead. 2. Demands for greater disclosure -There is a growing demand for corporate disclosure from stakeholders, including customers, suppliers, employees, communities, investors, and activist organizations. 3. Increased customer interest -There is evidence that the ethical conduct of companies exerts a growing influence on the purchasing decisions of customers. In a recent survey, more than one in five consumers reported having either rewarded or punished companies based on their perceived social performance. 4.Growing investor pressure -Investors are changing the way they assess companies' performance, and are making decisions based on criteria that include ethical concerns. The Social Investment Forum reports that in the US in 1999, there was more than $2 trillion worth of assets invested in portfolios that used screens linked to the environment and social responsibility. 5. Competitive labor markets -Employees are increasingly looking beyond paychecks and benefits, and seeking out employers whose philosophies and operating practices match their own principles. In order to hire and retain skilled employees, companies are being forced to improve working conditions. -Supplier relations -As stakeholders are becoming increasingly interested in business affairs, many companies are taking steps to ensure that their partners conduct themselves in a socially responsible manner. Some are introducing codes of conduct for their suppliers, to ensure that other companies' policies or practices do not tarnish their reputation.

Regulatory Federalism

1. env regulations and regulations on civil rights, hiring, and workplace safety created new mandates for state actions 2. often these mandates came without federal funds (ex: unfunded mandates to cover any of the implementation costs. For this reason, mayors, governors, and local officials have bemoaned the problem of unfunded mandates. They simply put an unwanted financial burden of states and local communities. Unfunded mandates are federal laws that require states to meet certain regulatory standards, but provide no money to help the states comply. Congress enacted a law in 1995 to curtail the practice. NY spent $1.3 billion to make its subways accessible to the disabled without federal assistance

Richard Nixon

215 - Special Message to the Congress About Reorganization Plans To Establish the Environmental Protection Agency and the National Oceanic and Atmospheric Administration

federalism

A system of government in which the same territory is controlled by two levels of government -system of government in which powers divided and shared by a central government and its sub-divisional government

First EPA Admin

Administrator Ruckelshaus served as the first EPA Agency Administrator, from December 1970 to April 1973. During EPA's formative years, he concentrated on developing the new agency's organizational structure; enforcement actions against severely polluted cities and industrial polluters; setting health- based standards for air pollutants and standards for automobile emissions; requiring states to submit new air quality plans; and banning of the general use of the pesticide DDT.

President Nixon- July 1970

As concern with the condition of our physical environment has intensified , it has become increasingly clear that we need to know more about the total environment-- land, water, and air . It also has become increasingly clear that only by reorganizing our Federal efforts can we develop that knowledge, and effectively ensure the protection, development and enhancement of the total environment itself. ■ The Government's environmentally-related activities have grown up piecemeal over the years. The time has come to organize them rationally and systematically. As a major step in this direction, I am transmitting today two reorganization plans: one to establish an Environmental Protection Agency , and one to establish, with the Department of Commerce, a National Oceanic and Atmospheric Administration . As no disjointed array of separate programs can, the EPA would be able--in concert with the States- - to set and enforce standards for air and water quality and for individual pollutants . This consolidation of pollution control authorities would help assure that we do not create new environmental problems in the process of controlling existing ones. Industries seeking to minimize the adverse impact of their activities on the environment would be assured of consistent standards covering the full range of their waste disposal problems. As the States develop and expand their own pollution control programs, they would be able to look to one agency to support their efforts with financial and technical assistance and training. ■ In proposing that the EPA be set up as a separate new agency, I am making an exception to one of my own principles: that, as a matter of effective and orderly administration, additional new independent agencies normally should not be created . In this case, however, the arguments against placing environmental protection activities under the jurisdiction of one or another of the existing departments and agencies are compelling .

Clean Air Act Example

As of 2008, 844 of the 1,140 coal-fired power plants in the US - representing 63% of their total capacity - dated from 1977 or earlier Clean Air Act (1970) applied to new facilities and exempted those that existed unless they were modified EPA revised its regulations to exempt routine maintenance, repair and replacement Many old power plants are exempt from CAA

DOI continued

At U.S. Department of the Interior, we manage one-fifth of the land in the country, 35,000 miles of coastline, and 1.76 billion acres of the Outer Continental Shelf. We also uphold the federal government's trust responsibilities to 562 Indian tribes; conserve fish, wildlife and their habitats; manage water supplies for more than 30 million people; and protect the icons of our national heritage. The impacts of climate change are forcing us to change how we manage these resources. Climate change may dramatically affect water supplies in certain watersheds, impact coastal wetlands and barrier islands, cause relocation of and stress on wildlife, increase wildland fires, further spread invasive species, and more.

CEQ and NEPA

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. -In enacting NEPA, Congress recognized that nearly all Federal activities affect the environment and mandated that before Federal agencies make decisions, they must consider the effects of their actions on the quality of the human environment. Under NEPA, CEQ works to balance environmental, economic, and social objectives in pursuit of NEPA's goal of " productive harmony" between humans and the human environment. -NEPA assigns CEQ the task of ensuring that Federal agencies meet their obligations under the Act.

CEQ Env Advisor

Chair leads the Council and assists and advises the President in developing environmental policies and initiatives. -Through interagency working groups and coordination with other EOP components, CEQ works to advance the President's agenda. It also balances competing positions, and encourages government-wide coordination, bringing Federal agencies, state and local governments, and other stakeholders together on matters relating to the environment, natural resources and energy. -In addition, CEQ oversees the Office of the Federal Sustainability. The role of OFS is to promote sustainable environmental stewardship throughout the Federal government.

Judicial Review of Agency Actions

Chevron v NRDC -when Congress has spoken to the precise question at issue then the rule of law demands agency adherence to its intent •Agency may make reasonable interpretation (Chevron doctrine) •Court may negate the decision if agency's activity is found to be "arbitrary, capricious, an abuse of discretion or otherwise not in accordance with the law" -gives federal agencies broad discretion

Article I Courts

Courts created by Congress under constitutional authority provided in Article I that help administer and resolve conflicts over specific federal legislation. -U.S. Court of Federal Claims (Tax Court) -U.S. Court of Veterans Appeals -U.S. Court of Military Appeals -Territorial Courts

How do courts shape env policy?

Courts determine who has legal standing or the right to sue •Standing is a threshold issue and a particular issue in environmental cases •By controlling who may sue, courts affect the environmental policy agenda

Role of Courts

Courts interpret statutes, administrative rules and regulations, executive orders, treaties, constitutions and prior court decisions •Situations often arise with environmental policies and laws that the drafters did not anticipate •Environmental laws can be broad and vague •Courts will look to legislative intent and apply rules of statutory construction to determine a reasonable interpretation of a statute or statutory term

EPA guidance and policies

EPA has primary responsibility for enforcing many environmental statutes and regulations of the United States. As such, EPA is granted explicit enforcement authority in environmental statutes. Sometimes that authority needs to be further refined or explained. In such cases, EPA may develop and implement policies and write guidance. In addition, EPA sometimes issues policy or guidance to encourage compliance with environmental requirements. Policy documents represent EPA's official interpretation or view of specific issues. Guidance documents are published to further clarify regulations and to assist in implementation of environmental regulations.

Policy Tool Box

Ex: Pollution 1) specify end result- the amount that each source in the facility is allowed to discharge 2) specify what each source is to do to achieve the end result. Install certain kinds of pollution control, a tech assistance program or a subsidy 3) specify the end result for each source but allow facilities to trade these requirements within or among facilities 4) charge a fee on pollutant emissions to discourage releases to the environment 5) require only that the source publicly report emissions or risks to human health and the environment 6) require nothing in particular but hold sources liable for any resulting damages 7) as is often the case, some combination of these

Executive Action

Executive actions are any informal proposals or moves by the president. The term is vague and can be used to describe almost anything the president calls on Congress or his administration to do. Most executive actions carry no legal weight. Those that do actually set policy can be invalidated by the courts or undone by legislation passed by Congress. -The terms executive action and executive order are not interchangeable. Executive orders are legally binding and published in the Federal Register, though they also can be reversed by the courts and Congress. -A good way to think of executive actions is a wish list of policies the president would like to see enacted.

EPA admin Andrew Wheeler

February 28, 2019, the U.S. Senate confirmed Andrew Wheeler as the fifteenth Administrator of the EPA.

Recent EPA

First Administrator under Obama, Lisa Jackson, declared her administration would be " based on science and law and not politics " Measured by the size of its budget and workforce, EPA is the government's largest regulatory agency In the decades since its creation, democratic and republican legislators have become increasingly polarized over the agency's mission In 2009, under President Obama, EPA became primary locus for decision making on GHG emissions EPA issued an endangerment finding in 2009, concluding that GHGs contribute to risks to public heath and welfare - and that emissions from motor vehicles contribute Major joint rule from EPA and DOT to regulate GHG emissions and fuel efficiency

EPA's current back to basics agenda

Former Administrator Pruitt's "Back-to-Basics Agenda" reflects his efforts to refocus EPA on its intended mission, return power to the states and create an environment where jobs can grow. The agenda focuses on the three E 's: E nvironment: Protecting the environment -Economy: Sensible regulations that allow economic growth -Engagement: Engaging with state and local partners.

EPA admin Scott Pruitt

Former EPA Administrators have been critical of Pruitt's tenure. William Ruckelshaus , the first and fifth EPA Administrator under Richard Nixon and Ronald Reagan respectively, characterized Pruitt as disbelieving of "the mission of the agency" while believing that the EPA was "over-regulating". Ruckelshaus accused Pruitt of having an "ideological approach ... that affects the large contributors in his party in Oklahoma". He also described the ideological opposition to the scientific consensus on climate change as a national "threat", and that "lives will be sacrificed" with further inaction. Carol Browner , EPA Administrator under Bill Clinton , said, "Under Pruitt, what they're doing is conscientiously tearing the place down." Christine Todd Whitman , EPA Administrator under George W. Bush , said it was "mindless" that under Pruitt, policies enacted under Obama were being reversed regardless of their merits or shortcomings. Gina McCarthy , EPA Administrator under Barack Obama, said that Pruitt's EPA had created a "wealth of uncertainty" in undoing so many regulations because businesses would not know if they should "take rules seriously".

Presidential Powers

Found in Article II -commander in chief: of the armed forces, the power to call into service the state units of the National Guard, and in emergency may be given the power by Congress to manage national security or economy. -power make treaties with Senate approval. Can also receive ambassadors and work with leaders of other nations. -responsible for nominating the heads of governmental departments, which the Senate must then approve. In addition, the president nominates judges to federal courts and justices to the US Supreme Court. -Can issue executive orders, which have the force of law -Can issue pardons for federal offenses. -Can convene Congress for special sessions. -Can veto legislation approved by Congress. However, the veto is limited. It is not a line-item veto, they cannot veto only specific parts of legislation, and it can be overridden by a two-thirds vote by Congress. -Delivers a State of the Union address annually to a joint session of Congress

Green Marketing

Green marketing refers to the process of selling products and/or services based on their environmental benefits. Such a product or service may be environmentally friendly in itself or produced in an environmentally friendly way, such as : • Being manufactured in a sustainable fashion • Not containing toxic materials or ozone-depleting substances • Able to be recycled and/or is produced from recycled materials • Being made from renewable materials (such as bamboo, etc.) • Not making use of excessive packaging • Being designed to be repairable and not "throwaway"

Climate Change

How does the EPA deal with a newly identified environmental problem? In 1987, Congress directed EPA to develop a coordinated national policy on climate change - but most early policymaking focused on drafting an international agreement rather than on policies to control domestic emissions

Greenwashing

Like whitewashing, the term "greenwashing" refers to companies spending more time and money claiming to be "green" through advertising and marketing than actually implementing business practices that minimize environmental impact

Senate Committee on Environment and Public Works

Majority: •John Barrasso, Wyoming, Chairman •Jim Inhofe, Oklahoma •Shelley Moore Capito, West Virginia •John Boozman, Arkansas •Roger Wicker, Mississippi •Mike Rounds, South Dakota •Joni Ernst, Iowa •Richard Shelby, Alabama •Dan Sullivan, Alaska •Kevin Cramer, North Dakota •Mike Braun, Indiana Minority: •Tom Carper, Delaware, Ranking Member •Ben Cardin, Maryland •Bernie Sanders, Vermont •Sheldon Whitehouse, Rhode Island •Jeff Merkley, Oregon •Kirsten Gillibrand, New York •Cory Booker, New Jersey •Ed Markey, Massachusetts •Tammy Duckworth, Illinois •Chris Van Hollen, Maryland

Senate Committee on Energy and Natural Resources

Majority: •Lisa Murkowski, Alaska, Chairwoman •John Barrasso, Wyoming •Jim Risch, Idaho •Mike Lee, Utah •Steve Daines, Montana •Cory Gardner, Colorado •Lamar Alexander, Tennessee •John Hoeven, North Dakota •Bill Cassidy, Louisiana •Cindy Hyde-Smith, Mississippi •Martha McSally, Arizona Minority: •Joe Manchin, West Virginia, Ranking Member •Maria Cantwell, Washington •Ron Wyden, Oregon •Bernie Sanders, Vermont •Debbie Stabenow, Michigan •Martin Heinrich, New Mexico •Mazie Hirono, Hawaii •Angus King, Maine •Catherine Cortez Masto, Nevada

State Agencies

More than ½ states half passed renewable energy mandates, and 24 have passed tax credits for renewable energy NC passed a Clean Smokestacks Act in 2001, a state level cap-and-trade requirement that forced utilities to clean up or close down old coal-fired plants

NEPA

National Environmental Policy Act -required all federal agencies to consider the potential environmental impact of their actions or projects -it applies to major actions taken directly by federal agencies and their contractors and funded by governmental agencies -Federal agencies are required to systematically assess the environmental impacts of their proposed actions and consider alternative ways of accomplishing their missions, which are less damaging to and protective of the environment. "it is the continuing responsibility of the federal government to use all practicable means, consistent with other essential considerations of national policy"to avoid environmental degradation, preserve historic, cultural, and natural resources, and "promote the widest range of beneficial uses of the environment without undesirable and unintentional consequences." -Each agency designates a "responsible official" who must ensure NEPA issues are addressed as part of the agency's actions. All agencies must use a systematic interdisciplinary approach to environmental planning and evaluation of projects which may have an affect on the environment.

Shared Jurisdiction and Benefits

National/Federal Government -provides a consistent universal standard among the states -divergence leads to conflicts with resources, transboundary pollution, etc. State Government -localized geographic issues, resources can be managed more effectively -states have environmental agencies which work well with EPA regional offices to address local issues

Supreme Court Filings

Of the 1999-2000 filings, about two-thirds came in forma pauperis,from people unable to pay the costs, and about a third of these from prison inmates. •The Clerk of the Court separates such cases from the paid ones, noting in passing the changes in the types of filings: "Now we're getting many discrimination and affirmative action cases, appeals involving political contributions, family law cases, First Amendment cases, and always appeals of criminal convictions."

CPP litigation

Once the final version of the CPP was published in the Federal Register on October 23, 2015, the battle truly began. An unprecedented number of cases opposing an environmental regulation were filed, many within hours of the CPP's publication. Ultimately, more than 150 petitioners, including 27 states, coal companies, utilities and trade associations, filed lawsuits which were combined into one case, West Virginia v. EPA . Others have intervened to support EPA, including 18 states, the District of Columbia, cities, and environmental groups. The Supreme Court, in a very unusual move, granted the request to suspend the CPP on February 9, 2016. However, the Supreme Court hasn't permanently decided the future of the CPP. At the moment, the regulation is only on temporary hold until legal challenges are reviewed. The D.C. Circuit will move forward with deciding the case on its merits, meaning that at this stage the court is focused on reviewing the underlying issues in the lawsuit. Whatever the D.C. Circuit decides, the case will undoubtedly wind up back with the Supreme Court. However, the Supreme Court granted the stay just before the death of Justice Scalia, so now Neil Gorsuch would hear the case when the case returns to the Court.

DOI today

The U.S. Department of the Interior is a Cabinet-level agency that manages America's vast natural and cultural resources. DOI employs 70,000 people, including expert scientists and resource-management professionals, in nine technical bureaus: •Bureau of Indian Affairs •Bureau of Land Management •Bureau of Ocean Energy Management •Bureau of Reclamation •Bureau of Safety and Environmental Enforcement •National Park Service •Office of Surface Mining Reclamation and Enforcement •U.S. Fish and Wildlife Service •U.S. Geological Survey -President Trump's first pick to head the U.S. Department of Interior, Rep. Ryan Zinke, R-Mont., said he does not believe climate change is a hoax and promised to bring a Teddy Roosevelt-style approach to managing federal public lands. Zinke resigned amidst investigations. -David Bernhardt, lawyer and fossil fuel lobbyist, now serves as Secretary of the U.S. Department of the Interior.

policy formulation

The designing and drafting of policy goals and strategies for achieving them which may involve extensive use of env science, economics, and policy analysis

Environmental CSR

The environmental aspect of CSR is defined as the duty to cover the environmental implications of the company's operations, products and facilities; eliminate waste and emissions; maximize the efficiency and productivity of its resources; and minimize practices that might adversely affect the enjoyment of the country's resources by future generations.

Policymaking

The way in which Congress exercises its environmental policymaking powers is shaped by several variables: -public opinion on the environment -whether the President's party controls Congress -Member's willingness to defer to President's recommendations -Congress as elected officials seek to represent local and regional concerns and interests

racing to the bottom

a concern about states imposing fewer regulatory burdens to entice industry and economic development -the federal govt assumed the dominant role in national policymaking -major federal acts (CAA, CWA, ESA, etc.) are federal but implemented through states -states have taken on more significant role in env protection

Public Policy

a course of government action or inaction in response to social problems -expressed in goals articulated by political leaders in formal statutes, rules and regulations and in the practices of administrative agencies and courts

wicked problems

a social or cultural problem that is difficult or impossible to solve for as many as four reasons: 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 ex: poverty is linked with education, nutrition with poverty, the economy with nutrition, and so on. -climate change -fossil fuel dependence -food security -biodiversity loss -persistent inequalities -persistent educational failure -intergenerational conflict

Policy

a) a definite course or method of action selected from among alternatives and in light of given conditions to guide and determine present and future decisions b) a high-level overall plan embracing the general goals and acceptable procedures especially of a governmental body

Policy Approaches

difficult choices lie at the heart of environmental policy

environmental policies

government's course of action (or inaction) regarding regulating the manner in which we interact with the environment ex: pollution, land use, protection of wildlife, energy, consumption of renewable and non-renewable resources, and the production and disposal of waste

policy evaluation

measuring results in relation to goals and costs

policy legitimization

mobilizing political support and formal enactment by law or other means

policy change

modifying goals or means, including termination of programs

NOAA (National Oceanic and Atmospheric Administration)

n 1807, President Thomas Jefferson founded the U.S. Coast and Geodetic Survey (as the Survey of the Coast) to provide nautical charts to the maritime community for safe passage into American ports and along our extensive coastline. The Weather Bureau was founded 1870 and, one year later, the U.S. Commission of Fish and Fisheries was founded. Individually, these organizations were America's first physical science agency, America's first agency dedicated specifically to the atmospheric sciences, and America's first conservation agency. The cultures of scientific accuracy and precision, service to protect life and property, and stewardship of resources of these three agencies were brought together in 1970, with the establishment of NOAA , an agency within the Department of Commerce.

development of policy

policy at any given time is shaped by the interaction of long-term social, economic, technological, and political forces and the short-term fluctuations in the political climate -policy is political

how does policy develop?

policy informs law agenda setting -how do new problems emerge as political issues that demand the government's attention, if they do achieve such recognition, and how are they defined in the public mind? ex: major env disasters/emergencies/crisis and public awareness 1) policy formulation 2) policy legitimation 3) policy implementation 4) policy evaluation 5) policy change

Concurrent or Shared Powers

powers held by both the national and state government. Examples: Tax the people, define crimes, borrow money, eminent domain, provide for the health and welfare of the people, make laws, create a court system

The 5 P's

prescriptive regulation penalties payments persuasion

policy implementation

putting programs into effect through provision of institutional resources and administrative decisions

Policy Gridlock

refers to an inability to resolve conflicts in a policymaking body such as Congress -gridlock results in govt. inaction in the face of important public problems -policy gridlock in Congress can stimulate environmental policy change at the state and local levels, in the executive agencies and in the courts

US Court System

state court of appeal -> state supreme court -> us supreme court OR us district court -> courts of appeal -> us supreme court

environmental policy of a state

the deliberate actions taken by a State to manage the activities of the population within that State in order to prevent, reduce or alleviate any harmful effects on nature and its natural resources such policy also aims to ensure that any manmade changes to the environment do not result in any harm to its population

Congressional Record

the official record of the proceedings and debates of the US Congress, published by the US Govt. Printing Office and issued when Congress is in session. Indexes are issued approximately every two weeks.

Tragedy of the Commons

the tendency of a shared, limited resource to become depleted because people act from self-interest for short-term gain

wicked problems (environmental arena)

typically emerge from entrenched conflicts over natural resource management and over the prioritization of economic and conservation goals more generally climate change stakeholders: everyone on the planet, every nation, every company

federalism as a political question

what should the role of the federal government be? what role should the federal government play in env policy? what role should the states play in env policy?

Choice of Remedy

•When a polluter is taken to court the two most common actions ordered by a court are mandatory compliance with environmental law and punitive monetary penalties to deter future violations •Environmental cases can involve civil and criminal penalties - and even imprisonment of corporate officers in egregious cases •Courts also have injunctive relief and declarative relief

Supreme Court Vacancies

•When a vacancy occurs on the Supreme Court, the President is given the authority, under Article II of the United States Constitution, to nominate a person to fill the vacancy . •The nomination is referred to the United States Senate, where the Senate Judiciary Committee holds a hearing where the nominee provides testimony and responds to questions from members of the panel. Traditionally, the Committee refers the nomination to the full Senate for consideration.