Exam 2- Enviro law, justice, politics

Environmental justice

"The fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies" (U.S. EPA).

environmental racism

"any policy, practice or directive thatdifferentially affects or disadvantages (whether intended orunintended) individuals, groups, or communities based onrace or color" (UCC 2007).

EU emissions trading system

-1st big cap and trade program Started in 2005 .-Operates in 30 countries (the 27 EU Member States plus Iceland, Liechtenstein and Norway). -Cap: 2020 emissions will be 21% lower than in 2005.-Covers emissions from large sources such as power stations, oil refineries, iron and steel works, and heavy manufactures (collectively, account for about 50% of EU CO2 emissions) -Countries determined cap and allocation in the initial two phases. -Beginning in 2013 (phase 3), allowances were to be auctioned and there was a move toward a single EU cap. -Allows use of offsets, but this has caused some problems.

what is the god squad

-A result of the snail darter case -A listing appeals process --To address concern that important public projects, like Tellico Dam, would not behalted because of ESA.

the snail darter case

-A test of the ESA -Tennessee Valley Authority begins Tellico dam in 1967. -$50 million spent and 70% completed by 1975. -1975 FWS receives emergency listing petition. -University of Tennessee biologist, David Etnier, a long-time opponent of Tellico Dam project, discovers snail darter in Little Tennessee River. -Claims that TVA dam at Tellico will inundate the entire habitat of the snail darter. -FWS responds quickly to list species.-First such action; wants to set precedent. -Asks TVA to reassess project. -1976 Federal Court suit to stop construction brought by citizens (including farmers, sportsmen, archaeologists, and representatives of the Cherokee Nation). -District Court rules for TVA. -Court of Appeals reverses lower court and orders project halted. -Case goes to Supreme Court: TVA v. Hill (1978). -^"This language admits of no exceptions." -January 1979: God Squad rules Tellico Dam does not warrant a waiver on economic grounds. - Tellico Dam project's benefits did not outweigh costs. -June 1979: Energy and Water Development Appropriation Bill includes rider exempting Tellico Dam from any other laws that might prohibit it. -Sponsored by Sen. Howard Baker (R-TN). -Signed by President Carter. -November 1979: Dam completed.

Why has Federal policy response to EJ historically has not been effective?

-Case studies and research show clear patterns of racial disparities in a variety of environmental outcomes. BUT There remains considerable debate about the causes of these disparities. -Congress has not passed an environmental justice law. -Mostly administrative actions by presidents and their agencies

Characteristics of Environmental Justice movement

-Comprised of "grassroots" organizations, loosely connected in networks. -Most often, place-based in their orientation. -Build on existing social capital from civil rights groups, faith-based organizations, and other community and neighborhood groups. -View environmental issues broadly: "connect dots" with other social issues, such as economic opportunity, housing discrimination, social justice. -Tend to view government as equally culpable as industry.

ESA modifications in response to Reagan Administration's (mis)handling

-Determinations of the status of species were required to be made solely on the basis of biological and trade information, without consideration of possible economic or other effects. -Congress imposed deadlines on listing process; once a species is proposed, US FWS has 12 months to reach a final decision.

Endangered Species Act (general provisions)

-Gave listing authority to the Department of Interior and Department of Commerce (marine species). Listing decisions to be based on "best scientific and commercial data available" -Candidate species are assessed by FWS and other gov scientists -public input- citizens may petition to force listing determinations -agencies must develop and implement recovery plans for listed species -federal agencies cannot take actions that harm listed species (Cannot sell, import, export, or transport endangered animal species) -cannot remove or damage an endangered plant on federal land -listed species are reviewed every 5 years to see if they merit a status change

impacts of fracking

-Groundwater contamination: Possible migration of methane and fracking fluid containing toxic chemicals. -Water supply: 2-4 million gallons freshwater for each fracked well. -Local air pollution: from truck traffic in particular. -Wastewater handling: Possibility of spills, long-term disposal. -Earthquakes: tremors due to fracking and injection of wastewater. -Methane leakage.

why has it been so difficult to bring more of an "environmental" approach to managing public lands?

-History and mission for managing for multiple uses. -Multiple agencies with jurisdiction, each with its own culture. -Strong interest groups vs. public apathy (concentrated private costs v. diffuse public benefits). -^Hard for a cohesive plan! -We all care a little bit but there are some people who care a lot/have a lot to lose.

Preservationist (opinion on land management)

-Land should be kept as is -viewed wildlife as something to be protected (generally advocated strong federal role)

EJ Policy Developments during Trump Administration

-Move EJ Office from EPA Office of Enforcement and Compliance Assurance to Office of Policy (part of Administrator's Office). -Proposed budget zeros out funding for EJ Office.

western climate initiative

-Originally 5 states: AZ, CA, NM, OR, and WA. -Joined later by MT, UT, British Columbia, Manitoba, Ontario, and Quebec -Cap set at 15% below 2005 levels by 2020 for CO2 and 5 other GHGs, and then declines 5% per year to 2030. -Economy wide, not just power plants (covers about 85% of emissions) -CA market started (under 2006 state law) in 2012. -Quebec now part of market. MOST STATES and provinces have dropped out

how does the god squad listing appeals process work?

-Parties can petition for an exemption to ESA and a federal project can go forward if 5 committee members find that: there are no reasonable and prudent alternatives to the agency action; the benefit of an exemption outweighs the benefit of protecting the species or its critical habitat; and the action is of regional or national significance. -Separately, Secretary of Defense can force an exemption "for reasons of national security."

New Jersey Environmental Justice Initiative

-Policy that would change siting practices It requires the state Department of Environmental Protection to deny permits for power plants, incinerators, land fills, large recycling facilities and sewage treatment plants in certain minority and impoverished neighborhoods if the projects pose health and environmental risks in conjunction with the risks those communities already face. Permitters have to provide a Environmental Justice impact statement and conduct public hearings before any progress can be made in the overburdened community. -defined overburdened communities

Biden administrative actions towards environmental justice

-Political appointments (Deb Haaland, Michael Regan, Brenda Mallory) -Executive orders -Justice40 initiative

Policy instruments for US climate mitigation policy

-Regulation (standards and clean energy mandates) -Cap and trade (market-based approaches) -carbon tax

Endangered species act (amendments)

-Required the FWS to develop and use a ranking system to prioritize recovery funds across species. -Required timely consideration of citizen listing petitions. -Required "critical habitat" designation at the time of listing (i.e., areas essential for the conservation of species). -Created listing appeals process - the "God Squad"

Idea of "sacrifice zones"

-Sacrifice zones are often "fence line communities" of low-income and people of color, or "hot spots" of chemical pollution where residents live immediately adjacent to heavily polluted industries or military bases. -Robert Bullard

who is in the God Squad

-Secretaries of Interior, Army, and Agriculture; Chairman of Council on Economic Advisers; Administrators of EPA and NOAA, representatives of agencies from affected states.

National Forest Management Act

-The Forest Service is required to put in place a formal planning process for the use of national forests (i.e., plans for timber harvesting). -Public input is required. -An "Environmental Impact Statement" is required for each plan because of the National Environmental Policy Act (NEPA). -Guidelines needed to protect animals and plants.

ESA challenges

-The scale of the problem -Limitations of species-by-species -Needs cooperation from private landowners

Habitat Conservation Plan

-Tool for incidental takings provision - required as part of an incidental take permit; planning document that takes will be minimized or mitigated by protecting species' habitat

Safe Harbor Agreements

-Tool for incidental takings provision - voluntary agreement that rewards efforts to protect habitat for threatened and endangered species, by giving landowners relief from future regulatory restrictions.

Candidate Conservation Agreements

-Tool for incidental takings provision - voluntary agreement to conserve a species before it is listed.

Recent policy debate around ESA

-Trump Administration announced changes in August 2019, including:Make it easier to remove species listed as "endangered" and weaken protections for species listed as "threatened." -Allow consideration of economic costs when making listing decisions, instead of relying solely on scientific assessments. -Lessen consideration of long-terms factors affecting species survival, such as climate change. Biden Administration began to reverse these changes in June 2021

EJ cases

-Warren County, NorthCarolina. -Uniontown, Alabama

Fracking operations do not require

-a federal permit; -disclosure of chemicals used in process (not covered by Toxics Release Inventory); and-is exempt from RCRA wastewater disposal requirements.

US forest service

-basic mission: manage forests for sustainable yield of timber -"conservationist" rather than "preservationist" approach to protection -Responsible for implementing the National Forest Management Act (1976). -Has had a shifting mission over the years... varies by presidential administration -In the past, forests were exclusively managed for their timber. Now, managed for increased environmental impact/protection.

Midwestern Greenhouse Gas Reduction Accord

-basically defunct due to administration changes -Originally 6 states and 1 Canadian province: IL, IA, KS, MI, MN, WI, and Manitoba.

Antiquities Act

-empowers presidents and congress to set aside public land as "national monuments" -an executive order that has force of law

key issues with clean energy mandates

-figuring out percentage and target dates (what percent of energy should be clean and by when) -what type of energy sources are covered (what is "clean"?) -carve-outs for specific sources (Ex: need to hit goal but half of clean energy must be from solar) -Alternative compliance mechanisms (even if someone doesn't achieve goals, if they do something else they might be fine such as a carbon credit)

Results of Mass v EPA

-fuel economy standards for cars and trucks -use of CAA to address GHG emissions -new reporting rules for large CO2 sources- greenhouse gas reporting programs

Bureau of Land Management

-landlord of large amounts of federal land (about 13% of federal land) - located within the Department of interior -responsibilities include commercial timber management, grazing, and soil watershed management

downsides of carbon tax

-may be unfair (regressive) -no built in cap on emissions (no assurance emissions will go down) -companies may move production elsewhere to avoid paying

market based approach (for managing climate change)

-more cost effective than regulation -economy wide (carbon tax) -pretty simple to implement

regulation approach (for managing climate change)

-needs to be state-regulated and done incrementally -Can only go so far -Many people weary of the government (lost faith)

Sacrifice zones

-populated areas with high levels of pollution and/or environmental hazards -One important example of an environmental disparity or an environmental injustice. -They are common across the country. -Produced by a combination of economic, social, and political factors

Energy and Water Development Appropriation Bill

-resulted in telco dam being built (a rider)

Arctic National Wildlife Refuge (ANWR)

-rope of tug of war for drilling in Alaska -$50 million of oil prospecting from the navy -people protested to open the field for private drilling companies -conservationists wanted the land to be preserved -the land was open and a small part of the land was preserved for conservation -the small piece of land is called the arctic wildlife range -that small piece of land then became the large refuge known as ANWR

Indiana energy flow

-similar to rest of US but large user of coal -no nuclear power -less reliance on renewables (increasing tho...)

Civil Rights Act - Title VI

-vehicle of passing + achieving EJ goals (potential mechanism) -if you receive fed money, it prohibits you from discriminating on the basis of race, color, or national origin in their programs or activities -For EX: you can't have permitting/protection procedures that discriminate -Allows organizations/individuals to file complaints about discrimination practices... every federal agency has civil rights office -from an agencystandpoimnt: they must listen and make sure that funds are not being used to subsidize discrimination -EPA office of civil rights is responsible for investigating discrimination

clean energy mandates

-very effective cross country -require electric power generators that a certain % of their power should be from "clean" sources -Alternative approach is to subsidize clean energy production

Federal policy response to Environmental Racism: How has it evolved?

1. First generation: Asking agencies to do more (e.g. executive order 12898) 2. Second generation: Showing agencies how to do more (e.g. Plan EJ 2014) 3. Third generation: Directing agencies to do more (e.g. Justice40 Initiative)

Key Takeaways from IPCC 2021

1. Human activities are the unequivocal cause of climate change and have caused the planet to warm by 1.1°C since the pre-industrial period. 2. The impacts of climate change are already being felt around the world, including more frequent and severe heatwaves, floods, droughts, and other extreme weather events. 3. Without immediate and sustained action to reduce greenhouse gas emissions, global temperatures will continue to rise, with catastrophic consequences for people, ecosystems, and economies. 4. The goal of limiting global warming to 1.5°C is still within reach, but it will require urgent and unprecedented action by governments, businesses, and individuals to reduce emissions and adapt to the changing climate. 5. The report underscores the need for rapid and far-reaching transitions in energy, land use, transportation, and other sectors of the economy, and calls for more ambitious policies and investments in renewable energy, carbon pricing, and other climate solutions. 6. The report highlights the importance of international cooperation and solidarity in addressing the climate crisis, and the need for developed countries to provide financial and technical support to developing countries to enable them to transition to a low-carbon economy and adapt to the impacts of climate change.

4 tools of Clean power plan

1. Make existing coal plants more efficient 2. use existing gas plants more effectively 3. Increase the use of renewables and nuclear power 4. Increase end-use energy efficiency.

Come Hell or High Water: The Battle for Turkey Creek

1. The Turkey Creek community is an African American community in Gulfport, Mississippi, with deep roots in the area. 2. The community is fighting against the development of a golf course and resort on the historic Turkey Creek watershed, which threatens their ancestral land and way of life. 3. The proposed development is part of a larger pattern of environmental racism, in which low-income communities and communities of color are disproportionately impacted by environmental hazards. 4. The community faces numerous challenges, including political corruption, a lack of resources, and limited support from local and state officials. 5. Derrick Evans is a local activist and founder of the Turkey Creek Community Initiatives, who leads the community in their fight against the proposed development. 6. The documentary highlights the community's efforts to mobilize and organize to protect their land, while also exploring the history and culture of the Turkey Creek community. 7. Ultimately, the film raises awareness about the ongoing struggle for environmental justice and community empowerment, and the importance of grassroots activism in fighting for social and environmental change.

types of evidence of environmental injustices from social science studies:

1.Location: Are hazardous waste and other polluting facilities disproportionately located in minority and low income areas?2.Pollution Levels: Do minority and low income populations face higher aggregate levels of pollution (air, water, toxics, etc.)? 3.Enforcement of Environmental Laws: Do government agencies enforce environmental statues fairly?

Regional Greenhouse Gas Initiative (RGGI)

12 NE states -CO2 trading -cap set for CO2 -$ generated goes back to states and can only be used for specific things (energy conservation, renewable energy promotion, energy bill assistance, and greenhouse gas abatement.) -quite successful

Roughly_________ of U.S.land is owned by the federal government

30%

"Halliburton loophole" in 2005 Energy Policy Act

Act requirements on underground injection of fluids .-2005 energy law added two exclusions to the definition of underground injection: "(i) the underground injection of natural gas for purposes of storage; and (ii) the underground injection of fluids or propping agents (other than diesel fuels) pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities."

Massachusetts v EPA

CAA doesn't mention CO2 so can we use CAA to address it? -Case gave EPA authority to use CAA to regulate CO2 because CO2 endangers public health

Roadless rule

Clinton-era (a focus on ecosystem management) -30% of forests to remain wilderness

How is the Endangered Species act similar to pollution control laws

Command and Control

US Climate mitigation history

Congressional gridlock -1992: UN framework on climate change -1997: US helps negotiate Kyoto protocol but treaty is never ratified by US senate -2009: Cap and trade bill passes US house but doesnt get too far after that

Political Appointments by Joe Biden

Deb Haaland - Secretary of InteriorMichael Regan - Administrator, EPABrenda Mallory - Chair, Council on Environmental Quality

Bush era of US forest service

Development and resource extraction

principles of environmental justice

Distributive justice, Procedural justice, Recognition justice

Sagebrush Rebellion

Emerged in parts of the West in the late 70s, mobilized conservative opposition to environmental laws and restrictions on development. It also portrayed the West as a victim of government control. It demanded government-owned land to be opened for development. -BLM and bundy cattle ranch standoff

ESA protects

Endangered and threatened species

Executive Orders by Joe Biden pertaining to enviro justice

Executive order 14008 Tackling the Climate Crisis at home and abroad

clean power plan

Goal: reduce nationwide CO2 emissions from the power sector by 32% below 2005 levels in 2030 -Sets state-specific goals based on the current energy mix and states are responsible for developing plans to meet targets -Relies on lightly-used and "untested" section of the Clean Air Act (Section 111(d)). -Can use 4 different tools to achieve emissions reductions

fraction policy

ITS UNDER REGULATED -Historically, oil/gas extraction has been regulated by state governments, with some exceptions: -The federal government (i.e., Department of Interior) takes lead when activity is on federal lands; and -Oil and gas injection wells are generally regulated as part of SDWA UndergroundInjection Control program. -State policies differ in scope and stringency.

Is Government policy on Environmental Justice effective?

In short, no. Historically, environmental justice has been a low priority for the EPA and other agencies. Difficult problem because not part of statutory mandates .Executive Orders can be (and have been) ignored.

"Takings" issue

Many threatened and endangered species are on private land, raising possibilityof "taking" (i.e., restricting use of) privately owned property for public purpose. -Many argue that this raises constitutional question: -Fifth Amendment to US Constitution: No person shall be . . . deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. -Raises question of whether (and how much) landowners should be compensated. -To date, courts have generally not supported private landowners in takings cases. -Incentives for private landowners :-Not to cooperate and not to take proactive steps. -Mantra of the property rights movement: "Shoot, shovel, and shut up." -Policy change: 1982 Amendment enacted by Congress to create "incidental take" permits for listed species in connection with otherwise lawful activities. -Renewed administrative commitment to work with landowners.

Conservationists (opinion on land management)

Multiple uses -viewed wildlife as a resource to be managed (generally favored strong state role) -Land could be used recreationally, but also for resource extraction (sustainable)

Plan EJ 2014

OBAMA ERA Initiative to: -integrate EJ into rulemaking, permitting, and compliance and enforcement; -to build community-based programs; and-to foster attention to EJ across the federal government. -Develop tools to improve EJ analysis.EJScreen. -Science, legal, information, and resources.Followed, by EJ 2020 Action Agenda.

Uniontown, Alabama

Site of Coal ash disposal from spill in Kingston, Tennessee.

Justice 40 implementation plan

The Justice 40 initiative has several plans to achieve its goal of ensuring that 40% of the benefits from federal investments in climate and clean energy go to disadvantaged communities.

Why was the Kyoto Protocol never ratified?

The United States would not ratify the protocol unless China and other developing nations joined it; they did not, so the United States withdrew

For the clean power plan, why do states have different goals?

To reflect differing energy portfolios and to reward some states that have already taken actions

Carbon tax

a fee that the government charges polluters for each unit of greenhouse gas they emit -To be efficient should cover all sources, and bet set equal to the marginal benefits of emissions reduction (i.e., the social cost of carbon).-Trump Administration: $1/ton CO2-Biden Administration: $51/ton CO2 (as of February 2021)

Warren county, NC

a small, predominately African-American community was designated to host a hazardous waste landfill. This landfill would accept PCB-contaminated soil that resulted from illegal dumping of toxic waste along roadways. After removing the contaminated soil, the state of North Carolina considered a number of potential sites to host the landfill, but ultimately settled on this small African-American community.

Endangered species

any species which is in danger of extinction throughout all or a significant portion of its range.

Threatened species

any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.

carbon tax implementation (downstream)

at point of use of fuels, such as power plants, factories, motor vehicles(i.e., individuals), etc.

cap and trade

because of SO2 program's success cap and trade was attractive for CO2

Why is there rejected energy?

buildings being ineffective, moving electrons across large grids, idling cars

Which climate change tactic is most preferred by economists?

carbon tax

Struggles for Justice 40 initiative

defining disadvantage communities (legally cannot include race)

social cost of carbon

economic cost of damages resulting from each ton of carbon dioxide we emit

carbon tax implementation (upstream)

fossil fuel suppliers, such as coal mines, refineries, natural gas producers ,importers, etc.

Recognition justice

involves an acknowledgment of social differences and the unjust distribution of environmental risks.

Distributive justice

involves the equitable distribution of the burdensresulting from environmentally threatening activities or of theenvironmental benefits of government and private-sector programs.

Procedural justice

involves the need for democratic decisions thatare inclusive and representative of affected individuals.

Executive Order 12898.

issued by President Clinton in 1994. Among the key components, requires that federal agencies:-Make achieving EJ part of their missions by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of programs, policies, and activities on minority and low-income populations. -Develop an agency-wide EJ strategy that should :-1. promote enforcement of health and environmental laws in low-income and minority areas; -2. ensure greater public participation in agency decision-making; -3. improve research and data collection associated with EJ issues; -4. identify minority and low-income patterns of consumption of natural resources. Also, requires fed agencies to: -Submit their EJ strategies to the Federal Interagency Working Group onEnvironmental Justice convened by the EPA Administrator, which isthen to report government- wide progress to the Executive Office of theWhite House; and - Undertake certain activities, such as ensuring that documents areconcise, understandable, and readily accessible and translatingdocuments, where appropriate, to support public participation.

the clean power plan resulted in

lawsuits AF -2012 Supreme Court issued a nationwide stay (law on hold) on the plan -Feds never ruled on the merits of the case -CPP was eventually repealed and replaced with the Affordable Clean Energy Rule (ACE rule) -CPP invalidated in 2019 in West Virginia v epa citing major questions doctrine

What makes up a majority of US energy

oil, natural gas, coal -We are still heavily reliant on non renewables

productive energy vs rejected energy

productive use.... vs doesn't go to a productive use

uses of public land

recreation (national parks), energy extraction, mining, leasing to energy companies (solar power plants), grazing

state renewable portfolio standards

require that a specified percentage of the electricity utilities sell comes from renewable resources. -example of a clean energy mandate

Standard vs goal

standard is mandatory. A goal is voluntary.

_____ are much easier for politics rather than telling people what they can't do

subsidies

Clean air act

the epa must regulate the emissions of pollutants that endanger public health

As part of "incidental takings" provision, FWS has developed ______ policy tools:

three

most oil is used for _____

transportation 2/3rds

State by state renewable portfolio standards are effective but _____

vary state by state