PSCI 3206 Final Exam
What is the purpose of the Endangered Species Act 1966? What was the problem in 1966? And how was it changed in 1973?
-"To protect species and also 'the ecosystem upon which they depend'" -1966- Set up system for identifying species needing protection and encouraged habitat preservation ---Problem: limited authority for intervening -1973- Prohibited harm against endangered species ---Prohibited federal agencies from authorizing, funding, or carrying out any action that would jeopardize a listed species or critical habitat - created authority for federal protective measures
The 1990 Clean Air Act Amendments set up a new program for controlling sulfur dioxide emissions. What was the problem, and what new strategy was developed to address this?
-Added Sulfur Dioxide cap & trade system to reduce acid rain -Sulfur Dioxide Clean Air Interstate Rule (CAIR) sets a permanent cap on the total amount of SO2 that may be emitted by electric power plants -CAA 1970 already established SO2 as a criteria pollutant; standards set -Didn't work because CAA 1970 had locational focus ---SO2 emissions move through the atmosphere; damage caused in a location other than where it is emitted (coal burning utilities n the upper midwest resulting in acid rain in the northeast -Question of coming up with a national and flexible marketplace alternative to command & control regulatory policy -Cap & Trade marketplace -Process: ---Total emissions calculated and capped ---Companies are issued permits equal to the cap ---A market develops: -----Sellers reduce emissions greater than what is required - can sell excess allowances to other plants -----Buyers reduce emissions by less than what is required - must buy pollution allowances
What is the public law basis for regulating greenhouse gas emissions in the United States? What role did the U.S. Supreme Court and the EPA have in settling the question of this federal authority?
-CAA requires the Administrator of the EPA to set emission standards for "any air pollutant" from motor vehicles "which in his/her judgement causes or contributes to, air pollution which may reasonably be anticipated to endanger public health or welfare" -2003: EPA denied a petition to regulate GHGs under the CAA due to a lack of clear legal authority cited -2005 Lawsuit filed in U.S. Court of Appeals for the DIstrict of Columbia to force federal regulation of climate-changing GHGs. DC Circuit upheld EPA decision -Lead to Supreme Court Decision: Massachusetts vs. EPA (2007) ---5-4 U.S. Supreme Court case ---EPA has authority to regulate GHG emissions ---CAA basis: standards apply to any air pollutant contributing to air pollution reasonably anticipated to endanger public health or welfare ---Majority opinion: "GHGs fit well within the CAA's capacious definition of air pollutant -EPA responsibility following Supreme Court Decision EPA ---"Endangerment finding" 6 GHGs "may reasonably be anticipated both to endanger public health and endanger public welfare"
What was the purpose of the "prevention of significant deterioration" amendment to the CAA in 1977?
-Caused by concern that new sources of pollution would move to clean air areas to avoid pollution limits -Clean air areas receive special protection from new sources of pollution Policy added: -Class 1 air quality regions identified (pristine air areas) -Development that would degrade air quality not allowed
What is the basic behavioral assumption under command & control regulatory policy?
-Command & Control (or standards & enforcement) - a negative incentive based approach to regulate pollution -Behavioral assumption: ---People will comply at significant levels (they will act to avoid penalties) ---Effective technology could be applied
1.Decades after its enactment, the Environmental Impact Statement (EIS) requirement under the National Environmental Policy Act (NEPA) remains a subject of intense controversy. Should it be repealed? If not, could it nonetheless be improved? In responding, be sure to describe EIS goals and requirements; strengths and weaknesses; your own views on the importance of the EIS requirement; and a position on repeal or, if not repeal, at least one suggestion for improvement.
-EIS is a tool for decision making. -It describes the positive and negative environmental effects of a proposed action, and lists alternative actions that may be chosen instead of the action described in the EIS. -Environmental values would be integrated into the decision process -Decisions would be based on analysis of impacts and alternatives -Goal: To foster better decisions -Requirements: ---Utilize a systematic, interdisciplinary approach, including natural and social sciences ---Consider "presently unquantified environmental amenities and values" (qualitative and quantitative research) ---Consider a wide variety of impacts and alternatives to the proposed action Strengths: -Encourages companies to consider the environmental costs of a project and introduces new information into the decision-making process -Introduces scientific procedures into the political process -Public access, accountability -Data collection - increased knowledge base -Requirement of considering all sides -Process of building support...takes time Weaknesses -Limitation of accuracy -Heavy political influence -Limitation on time -Even if the statement predicts negative impacts of the project, decision makers can still proceed with the proposed action
Identify the two primary targets under the Clean Water Act.
-Municipalities: Wastewater treatment -Industry: effluent (wastewater) standards ---New industries ---Existing industrial dischargers
What is the controversy surrounding the Arctic National Wildlife Refuge? What does the Antiquities Act of 1906 authorize? What makes this controversial (citing an example to illustrate).
-Senate budget committee directed the senate energy bill -CBO estimates 5 billion dollars generated over 10 years with oil drilling in ANWR ---Pro: Economic ---Con: drilling in a pristine landscape considered one of Alaska's crown jewels -Antiquities Act of 1906 authorizes Presidents to designate national monuments -Controversial: ---Environmentalists tend to favor federal protection of natural areas ---Obama invoked this power to create national monuments 29 times during his tenure ---Many others prefer state and local control of natural areas ---Native American sacred lands: given unprecedented ---role in planning and long-term management ex. -Proposed new borders: ---Bears Ears would shrink from 1.353 million acres to 201,400 acres ---Would free up oil and natural gas
The Environmental Impact Statement requirement applies to what kinds of proposals and actions? An EIS required to:
-Utilize a systematic, interdisciplinary approach, including natural and social sciences -Consider "presently unquantified environmental amenities and values (ex. qualitative in addition to quantitative) -Consider a wide variety of impacts and alternatives to the proposed action -Applies to all federal projects - required if proposed action is determined to significantly affect the quality of human environment
US environmental regulation is undergoing tough scrutiny. Some favor marketplace mechanisms over direct regulation (such as command & control), but there are no perfect methods for managing environmental policy issues. First describe and compare basic characteristics and assumptions of these two approaches. Second, discuss major pros and cons for both approaches (at least two positive and two negative features of each, using examples to clarify). Should one approach be favored over the other - why or why not?
-market-based instruments (MBIs) are policy instruments that use markets, price, and other economic variables to provide incentives for polluters to reduce or eliminate negative environmental externalities. MBIs seek to address the market failure of externalities (such as pollution) by incorporating the external cost of production or consumption activities through taxes or charges on processes or products, or by creating property rights and facilitating the establishment of a proxy market for the use of environmental services. ---Examples include environmentally related taxes, charges and subsidies, emissions trading and other tradeable permit systems, deposit-refund systems, environmental labeling laws, licenses, and economic property rights. For instance, the European Union Emission Trading Scheme is an example of a market-based instrument to reduce greenhouse gas emissions. Market-based instruments differ from other policy instruments such as voluntary agreements (actors voluntarily agree to take action) and regulatory instruments (sometimes called "command-and-control"; public authorities mandate the performance to be achieved or the technologies to be used). Direction regulation (Command-and-control) Command and control strategy is to maintain a peaceful and balanced environment at every level of the organization. People working together in any firm is the primary responsibility of each employee to attain the target assigned. With this strategy, all the activities in every department or workstation are scheduled and poised to reduce the delay working. The results are attained on time, when the authority is delegated with the command of working efficiently and effectively and eventually are controlled to get the results according to the plan drafted. Pros/Cons: However, there are pros and cons coming in the way of management. There are different C-and-C strategies and their applications in every organization. Different approaches are applied to understand the C-and-C strategy. However, there are some obstacles which come in the way while applying this technique.This strategy is one of the traditional applied approach used in organizations. It is a classical approach consisting of traditional methodologies, which are few used in today's changing scenario. Human resources is one of the factors of production which needs to be commanded and controlled simultaneously. Technology has grown tremendously reducing human effort at every level of the organization. Moreover, how the information is interpreted and perceived may become another hindrance which comes in the way of using this approach. Incentive strategy has gained visibility in today's scenario. New approaches and techniques are welcomed in the economy to view the methodology.This new introduced strategy is more effective and efficient in each and every process of the firms. It is a high-performance based approach as well as cost effective, leading to growth rate of the firm in the economy sector. It facilitates work achievement, has a great potential considering in the long run. It is a new technological approach, saves cost of the company which in a way reduces workload at every process.
Identify the four parts or steps of command & control environmental regulation.
1. Set quality standards 2. Create emissions standards -Stationary source regulations: New source Performance Standards -Mobile source emission standards -National Emission Standards for Hazardous Air Pollutants (NESHAPs) 3. Establish penalties 4. Monitor and enforce -Record keeping, monitoring and inspections, imposition of civil and criminal actions, issuance of compliance orders and schedules, application of penalties
National Ambient Air Quality Standards (NAAQS)
1970 Clean Air Act linkages/strategy establishing six criteria pollutants applied in AQCRs (Air Quality Control Regions)
Clean Air Act Amendments
1977 amendment: prevention of significant deterioration (PSD) -Concern: new polluting sources would move to clean air areas to avoid pollution limits. -Policy addition: Class I air quality regions identified (as pristine air areas) -Development that would degrade air quality not allowed. 1990 amendment: -Expanded list of HAPs from 8 to 189. -Domestically implemented the Montreal Protocol on Substances that Deplete the Ozone Layer -Added Sulfur dioxide cap & trade system to reduce acid rain.
National Pollutant Discharge Elimination System (NPDES)
A 'non structural" strategy in the Clean Water Act's policy design -Set quality standards -Set effluent (emissions) standards. -Established penalties -Monitored and enforced
Environmental Impact Statement (EIS)
A document required by the National Environmental Policy Act (NEPA) for certain actions "significantly affecting the quality of the human environment." An EIS is a tool for decision making
Zero discharge goal
A goal to prevent any contaminated water from being released from sources
Nonattainment
A nonattainment area is an area with air quality considered to be worse than National Ambient Air Quality Standards as defined in the Clean Air Act of 1970
Command-and-control regulation
A regulatory framework, aka "standards & enforcement", a negative-incentive based approach to regulation pollution. Sets specific limits for pollution emissions and/or mandates that specific pollution-control technologies that must be used. Although such regulations have helped to protect the environment, they have 3 shortcomings: they provide no incentive for going beyond the limits they set; they offer limited flexibility on where and how to reduce pollution; and they often have politically motivated loopholes.
Prevention of significant deterioration (PSD)
Added out of concern of new sources of pollution moving to areas with clean air to avoid pollution limits. Identified pristine air areas (with Class I air quality) Prohibited development that would degrade air quality.
Acid Rain
Also acid deposition, a broad term that includes any form of precipitation with acid components, such as sulfuric or nitric acid, includes rain, snow, fog, hail or even dust
Point source pollution
Any single identifiable source of pollution from which pollutants are discharged, such as a pipe, ditch, ship or factory smokestack
Clean Water Act (CWA)
Asserted clear national goal, "dilution is not a solution to pollution" -Normative/Symbolic Goals: To restore and maintain the chemical, physical, and biological integrity of the Nation's waters." -Instrumental Goals: Eliminate discharge of pollutants to surface water. --All waters will be "fishable and swimmable" wherever attainable. GOALS → Ambitious (zero discharge) and hard to measure (maintain biological 'integrity'?)
Conceptually, how did the regulation of air quality from 1970 to the present differ from air-quality law prior to 1970? Why is this controversial?
Before: -Air pollution Control Act of 1955 was the 1st federal legislation involving air pollution After: -Major shift in the federal government's role in air pollution control -Authorized the development of comprehensive federal and state regulations to limit emissions from stationary and mobile sources -Initiated NAAQS, State Implementation Plans, New Source Performance Standards, and National EMission Standards for Hazardous Air Pollutants (NESHAPS) Goals and targets: reflected get-tough-on industry view. What happened? -A powerful reaction by industry -Changing views on how best to motivate change (negative vs, positive incentives) Industry doesn't like government regulation - will fight to avoid or roll back new rules Agents: Federal power over states -Will and capacity issues -Federalism complaints
Political feasibility
Building a coalition of support powerful enough to overcome the opposition
Cap & trade
Caps the amount of carbon emissions a given company may produce but allows it to buy rights to produce additional emissions from a company that does not use all of their allowance
Council on Environmental Quality (CEQ)
Coordinates Federal environmental efforts and works with agencies and White House offices in the development of environmental policies and initiatives
Paris Agreement
Countries of the world submitted pledges or "intended nationally determined contributions" to the UN, outlining country's intentions of reduction in greenhouse gas emissions.
Massachusetts v. EPA (2007)
EPA has a legal responsibility to regulate greenhouse gas emissions Lawsuit against the EPA to force the federal agency to regulate carbon dioxide and greenhouse gases as pollutants Holding: EPA has authority to regulate GHG emissions
National Environmental Policy Act (NEPA)
Ensuring science be considered when determining environmental solutions Required environmental impact statements of all federal projects before final decisions are made Goal: to foster better decisions
What is a criteria pollutant? Be able to identify all six covered under NAAQS.
Establishing limits in amount or duration of exposure that can be considered "safe" Criteria pollutants: -Ozone -Carbon Monoxide -Nitrogen Dioxide -Sulfur Dioxide -Particulate Matter -Lead
Greenhouse gases (GHGs)
Gases that trap heat in the atmosphere are called greenhouse gases Water vapor (H2O), Carbon dioxide (CO2), Methane (CH4), Nitrous oxide (N2O), Ozone (O3), Chlorofluorocarbons (CFCs), Hydrofluorocarbons (incl. HCFCs and HFCs)
Montreal Protocol (1987)
International treaty to protect the atmospheric ozone layer by phasing out the production of CFcs All UN countries ratified; US ratified in 1990. Exceptional international cooperation → Why? Science driven, clear indicators and evidence of problem, source could be easily eliminated (CFCs) along with smooth political conditions (mounting public opinion and change in administration)
What are some of the most significant complaints against the Endangered Species Act?
Key complaints focus on government authority to control land use -78% of these species are found on private land -Regulating or prohibiting uses of private land - such as farming, lumbering, construction, human habitation -Compensation as a taking is not required for the loss of land value, loss of income or lost use of land
Hazardous air pollutant (HAP)
Known or suspected carcinogens that have high usage and emissions in a wide variety of industries HAPs have no exposure threshold; no amount considered 'safe' (contrasts standards for criteria pollutants which establishes limits in amount or duration of exposure that can be considered 'safe') 8 HAPs under CAA 1970 - 1990 CAA increased it to 189
Identify the two primary targets under the Clean Air Act of 1970.
Mobile sources: cars (auto industry) -new & existing cars Stationary sources: facilities emitting pollutants (industry, manufacturers) - new & existing sources)
What is the biggest source of pollution in streams today?
Nonpoint source pollution are Yet they are not targets of the CWA
Criteria pollutants
Ozone Carbon monoxide Nitrogen dioxide Sulfur dioxide Particulate matter Lead
Distinguish between point source and nonpoint sources of water pollution, providing examples of each. Which is easier to regulate, and why?
Point source pollution: any single identifiable source of pollution from which pollutants are discharged -such as a pipe, municipal sewage plants, industrial facilities -Easier to control Nonpoint source pollution: widely dispersed sources of pollution that can't be tied to a specific point of origin -Such as run-off from a farm field, streets, construction sites -Difficult to control
Define a policy target; describe several possible targets for policy designed to address climate change.
Policy target: those whose behaviors must change in order to achieve the policy goal(s) -Can be: mobile sources (auto industry, cars), stationary sources
Some argue that political feasibility is the most important criterion for policy formulation. What does this mean?
Political Feasibility: building a coalition of support powerful enough to overcome opposition. This is so you can overcome opposition to fight the policy....?
What is the primary goal of the Clean Air Act of 1970?
Primary goal: public health protection -Normative: all Americans have the right to be protected from environmental harm and to clean air -Instrumental: Pollutants that threaten human health will be reduced ---Measurable standards for cleaning dirty air to achieve public health goals (secondary goal is Environmental protection)
Cap and trade has emerged as an important pollution market model. Explain the three steps in setting up such a system and the underlying economic assumption.
Process: -Total emissions calculated and capped -Companies are issued permits equal to the cap -A market develops: ---Sellers reduce emissions greater than what is required - can sell excess allowances to other plants ---Buyers reduce emissions by less than what is required - must buy pollution allowances
Distinguish between quality standards and emissions (or effluent) standards.
Quality standards: based on the use of the body of water Effluent standards: a permit for every pipe
The Clean Water Act and the Safe Drinking Water Act together provide the foundation for water quality in the U.S. How do they differ in terms of main focus?
Safe Drinking water act - focused on distribution end before water is delivered -Ensuring that water is clean before use (water supply) Clean Water Act - focused on wastewater treatment end -Preventing the release of water pollutants
(Sulfur Dioxide) Clean Air Interstate Rule (CAIR)
Sets permanent cap on total amount of SO2 that may be emitted by electric power plants. Designed to address power plant pollution that drifts from one state to another. -Phase-in process, got broader/more expansive and lastly finalized emissions cap in 2010.
In what general ways is the Clean Water Act similar to the Clean Air Act? How is it different?
Similarities -Command and control -Quality and source standards CAA: top down, lots of Federal control - states must comply with EPA rules CWA: more state/ local flexibility
State implementation plan (SIP)
State plan for complying with the federal Clean Air Act, administered by the Environmental Protection Agency
Endangerment finding
The Administrator finds that the current and projected concentrations of the six key well-mixed greenhouse gases—carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6)—in the atmosphere threaten the public health and welfare of current and future generations.
Safe Drinking Water Act
The federal law that protects public drinking water supplies throughout the nation. Under the SDWA, EPA sets standards for drinking water quality and with its partners implements various technical and financial programs to ensure drinking water safety.
Implementation
The process to translating policy plans (statutes enacted by by the legislature) into actual programs (designing programs to match statutory requirements)
Identify and describe two National Environmental Policy Act programs to foster better environmental decisions.
Title 1: Environmental Impact Statements: -requires assessment of environmental impacts of all federal projects before final decisions made -Environmental values would be integrated into the decision process -Decisions would be based on analysis of impacts and alternatives Title 2: Council on Environmental Quality (CEQ): -produce an annual report for the president on the state of the environment -Coordinate federal efforts on environment and energy policies and initiatives -The President would have a direct line of environmental information and advice
Endangered Species Act (ESA)
To protect species and also "the ecosystem upon which they depend"
Clean Air Act (CAA)
US federal law designed to control air pollution on a national level
Nonpoint sources
Widely dispersed sources of pollution that can't be tied to a specific point of origin( such as runoff: from farm field, construction sites, etc.,)
