Environmental Policy Midterm

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stare decisis

"to stand by things decided"

executive departments

Fifteen _____________ carry out the day-to-day administration of the federal government

states

Major federal acts are federal, but implemented through ___________

government agencies and their actions are often the causes of environmental problems

NEPA addressed the fact that...

NEPA

NEPA assigns _________ the task of ensuring that fed agencies meet their obligations under the Act

procedural law

NEPA is called a _________ law as it requires all executive branch departments and agencies to conduct a thorough analysis of env impacts early in the planning process

federal agencies; environmental impacts of their actions

NEPA was created to ensure all __________________ consider the _____________________ and decisions

commerce

NOAA is an agency within the department of _____________

he believes in climate change and wants to bring a teddy roosevelt-like approach to managing federal public lands

Ryan Zinke's opinion on climate change and his approach to managing federal public lands?

national significance or might harmonize conflicting decisions in the federal circuit courts

The SC usually only hears cert cases if the case could have ____________________ or it might ________________________

publishing notices of proposed and final rulemaking

The aministrative procedure act includes requirements for....

writs of certiorari

The great majority of cases reach the SC through its granting of petitions for _____________________

creating regulations

The way EPA implements a statute's requirements is by _______________________

Judge Neil Gorsuch

Trump nominated __________________ to fill SC vacancy

each man wants to increase his herd without limit in a world that is limited

What is the "tragedy" in the Tragedy of the Commons?

federal government

Who assumed the dominant role in national policy-making?

Congress

Who can set up article I courts?

california

__________ has been among the world's most active governments in addressing climate change

policy; law

____________ informs ______________

litigation; states

________________ in federal court has become the norm with each new major rule, even before getting enacted, with ________________ leading it

congress; the president

_________________ shares authority with _______________ for federal policymaking on the environment

guidance documents

_____________________ are published by the EPA to further clarify regulations and to assist in implementation of environmental regulations

public policy

a course of government action or inactionin response to social problems

Article 1 tribunal

a federal court that is created by legislature and have differing levels of independence from the executive and legislative branches

Administrative Procedure Act

a law that provides opportunities for the public to comment on notices of proposed rulemaking

pigouvian tax

a policy penalty is also known as

clean power plan

a set of proposed rules that set state-specific goals based on each state's power plant GHG emission rates, and included flexible guidelines for state plans to achieve these goals

wicked problem

a social or cultural problem that is difficult or impossible to solve

senate judiciary committee

a standing committee of the Senate that is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the President

federalism

a system of government in which the same territory is controlled by two levels of government

public policy

a system of laws, regulatory measures, courses of action, and funding priorities concerning a given topic promulgated by a governmental entity or its representatives

policy

a tool for decision making and problem solving that makes use of information from science and values from ethics and economics

signing statement

a written comment issued by the president at the time of signing legislation; usually just comment on the bill that is being signed

rulemaking, adjudication, administrative activities

administrative agencies' three functions:

broad discretion

agencies are afforded ________________ under the court's standard of review

pollution prevention

all 50 states have at least one _______________ program

rider

an additional provision added to a bill or other measure under the consideration by a legislature, having little connection with the subject matter of the bill

california

an example of a state who has taken the lead in areas of environmental policy innovation

policy gridlock

an inability to resolve conflicts in a policymaking body such as congress

executive action

any informal proposal or move by the president; usually carry no legal weight

federal register; submitted comments

both the proposed and final set of rules the EPA makes must appear in the ______________ and the EPA must consider all _____________

penalties

carbon taxes are an example of what P of policy?

NOAA

combined the weather bureau, US commission of fish and fisheries, and the US Survey of the Coast

political party in the majority

committees in congress are chaired by...

budgetary decisions and oversight of agencies

congress can affect agency actions through ___________________________ and ___________________________

necessary and proper clause

congress shall have power to make all laws which shall be necessary and proper for carrying into execution

enabling statutes

contain broad delegations of legislative power to agencies for the purpose of serving the "public interest"

Council on Environmental Quality

coordinates federal environmental efforts and works closely with agencies and other WH offices in the development of environmental policies and initiatives

department of interior

created by congress to take charge of the nation's internal affairs and handle domestic matters

US fish and Wildlife

created under the first legislation recognizing a federal role in conservation of natural resources

Scott Pruitt

current EPA administrator

legal precedent

decisions of appellate courts are considered ___________ ___________

policy formulation

designing and drafting policy goals and strategies for achieving them

committees and subcommittees

dozens of ____________________ in congress have jurisdiction over env policy

responsible official

each federal agency designates a _________________ who must ensure NEPA issues are addressed as part of the agency's actions

EPA

established to consolidate in one agency a variety of federal research, monitoring, standard-setting, and enforcement activities to ensure environmental protection

appropriation bills

every year congress must approve _________________ that fund executive agencies such as EPA

texas commission on environmental quality

example of one of texas's environmental agencies

tax courts, US court of veterans appeals, us court of military appeals, territorial courts (ex: virgin islands court)

examples of Article I courts

pollution, land use, protection of wildlife, energy, consumption of resources, waste production and disposal

examples of areas of env policy

overgrazing on federal lands, acid rain, ocean dumping, atmospheric CO2 discharges, overfishing

examples of how tragedy of the commons applies to modern environmental problems?

review agency decisions, ancillary courts with judges appointed by Article III appeals court judges, or administrative agencies

examples of what Article I courts are set up for?

climate change, fossil fuel dependence, food security, biodiversity loss, education

examples of wicked problems

executive orders; executive actions

executive ____________ are legally binding, while executive _________ are not

killing it

failure to act on a bill is equivalent to __________________

unfunded mandates

federal laws that require states to meet certain regulatory standards, but provide no money to help the states comply

Ruckelshaus

first EPA Administrator

bills, joint resolutions, concurrent resolutions, simple resolutions

four basic types of legislation

1) incomplete or contradictory knowledge, 2. the number of people and opinions involved, 3. the large economic burden, 4. the interconnected nature of these problems with other problems

four reasons that wicked problems are difficult to solve

Administrative Procedure Act (APA)

governs the process by which fed agencies develop and issue regulations

they decide who has legal standing to sue, whaich issues are cases or controversies, and when cases are ready for review, JUDICIAL REVIEW

how do courts influence environmental policy?

they will talk about how they disapprove and plan to do little to implement the bill

how to presidents controversially use signing statements?

to suspend the clean power plan

in West Virginia v. EPA, the court decided......

issuance of policy statements, licenses, and permits

in addition to setting forth rulemaking procedures, APA addresses other agency actions such as....

NEPA

in enacting __________, congress recognized that nearly all federal activities affect the environment in some way and mandated that before federal agencies make decisions, they must consider the effects of their actions on the quality of the human environment

individual; community

in the idea behind the tragedy of the commons, the rights of the ___________ are pitted against those of the ___________________

wicked problems

large-scale, long-term policy dilemmas in which multiple risks and uncertainties combine with sharply divergent public values generate contentious political stalemates

Administrative procedure Act

law that provides standards for judicial review if a person has been adversely affected by an agency action

NEPA

major development in US env policy; required all fed agencies to consider the potential env impact of their actions or projects

incentive regulations

market-oriented regulations that seek to encourage certain behavior through rewards and discourage other behavior through making the conduct costly

policy evaluation

measuring results of policy in relation to goals and costs

policy legitimization

mobilizing political support and formal enactment of policy by law or other means

policy change

modifying goals or means of policy, including termination of programs

renewable energy mandates

more than half of the states have had their agencies pass ________________

Texas

no state has been more aggressive in combatting federal environmental authority than _____________

NEPA

one of the greatest landmarks of american environmental policy

members of congress; sponsor

only ________________ can introduce legislation, and by doing so become the ______________

CEQ

oversees Federal agency implementation of the environmental impact assessment process and acts as a referee when agencies disagree over the adequacy of such assessments

state and local

policy gridlock in congress can stimulate env policy change at the __________________ levels

tradable permits

prescriptive regulations + property rights= ?

climate change

probably the best example of a wicked problem in our time

tradable permits

property rights are created for use of the resource, and trading systems use the market to make prescriptive regulation more efficient

policy implementation

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

horizontal stare decisis

refers to a court adhering to its own precedent

sustainability

regulation is the price to pay for _________________

policy documents

represent EPA's official interpretation or view of specific issues

writ of certiorari

requests for review of decisions of federal appellate or district courts

chevron doctrine

requires federal courts to side with a regulatory agency's interpretation of a statute unless it is unreasonable

tactic to pass a controversial provision that would not pass as its own bill

riders are usually created as a...

Chevron v. NRDC

ruled that when Congress has spoken to the precise question at issue then the rule of law demands agency adherence to its intent

regulations

rules that set forth the specific legal requirements of a particular environmental statute

agenda, appointments, budgets, legislative initiatives or vetoes, executive orders, international environmental agreements

six basic indicators of a president's influence on environmental policy

regulate

societies that want to remain sustainable have no choice but to ______________ the use of the commons

National Environmental Policy Act

stated that "it is the policy of the federal government to use al practicable means to create and maintain conditions under which man and nature can exist in productive harmony"

environmental permits; enforcement actions, data

states issue more than 90% of all _______________, complete more than 90% of all ________________, and collect nearly 95% of all ___________ used by the federal government

federal environmental programs

states operate nearly 96% of al _______________________________ that can be delegated to them

enabling legislation

statutes that congress use to create most of the administrative agencies

federalism

system of government in which powers are divided and shared by a central government and its sub-divisional governments

enforcing many environmental statutes and regulations of the US

the EPA has primary responsibility for...

environmental statutes

the EPA is granted explicit enforcement authority in ________________

environmental pollution

the EPA was born in the wake of elevated concern about _______________

presidential reorganization plan

the EPA's overall mission and authority is derived from a __________________ rather than an act of Congress

prescriptive regulation, property rights, penalties, payments, and persuasion

the Five P's of environmental policy

persuasion

the P in policy that require information production and dissemination

penalty

the P of policy that makes an activity more expensive through charges, taxes, or liability

property rights

the P of policy that privatizes the resource by creating these; allocation

which cases it hears

the SC can affect environmental policy significantly in deciding...

dual and vertical

the US courts are a __________ and ____________ system

judicial review

the authority to interpret the Constitution

Department of the Interior

the cabinet-level agency that manages America's vast natural and cultural resources

environmental policy

the deliberate actions taken to manage the activities of the population in order to prevent, reduce, or alleviate any harmful effects on nature and its natural resouces

refundable taxes on beverage containers

the earliest environmental economic incentive program

federal register

the federal gov't's publicly available publication of presidential documents and agency rules and notices

William D. Ruckelshaus

the first EPA administrator

Foreign Affairs, Treasury, and War

the first three executive department that Congress created that had to all take on domestic matters (before department of interior was made)

formulation, legitimization, implementation, evaluation, policy change

the five parts of the policy cycle

payments

the government uses subsidies to encourage beneficial activities

EPA

the government's largest regulatory agency

prescriptive regulations

the most direct and common form of environmental policy

congresisonal record

the official record of the proceedings and debates of the US congress

"racing to the bottom"

the phrase for the concern that states were imposing fewer regulatory burdens to entice industry and economic development

proclamation

the president's official announcement that the president is taking a particular action

writ of certiorari

the primary means to petition the court for review

command-and-control regulations

the regulatory approach utilized by the US government in the 1970's

legal standing

the right to sue

advise and consent on nominations

the senate has the power to _______________________ the president makes for agencies

US Geological Survey

the sole science agency for the Department of the Interior; has lots of natural science expertise and vast earth and biological data holdings

arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law, or if it was taken without observance of procedure required by law

the standard of review for an agency is limited to whether the agency's action was.....

law

the standard rules and regulations that are compulsory and to be followed by all the people of the country

persuasion

the theory behind this P in policy is that the gov't can change people's behavior by forcing them to think about the harm they are causing and publicizing that harm

EPA and NOAA

the two agencies that Nixon created

federal and state

the two court systems in the US

command and control regulations

these impose mandatory requirements and standards upon parties in their activities relating to the environment

prescriptive regulations

these mandate what parties can and cannot do in regards to env policy

international court of justice

this court can review and decide cases involving environmental disputes between nation-states

judiciary act of 1789

this created 13 district courts, three circuit courts, and a supreme court

standard of review

this focuses on the deference an apellate court affords to the decisions of a District Court, jury, or agency

marketable pollution credits

this incentive approach is criticized by some; these permit the holder to pollute a certain amount

Ryan Zinke

trump's pick to head the US dept. of interior

conflicts over natural resource management, prioritization of economic goals or conservation goals

two areas that environmental wicked problems tend to emerge from

to pass a controversial provision that would not pass as its own bill, or to try to stop a bill from being passed

two intentions of riders

major environmental disasters, public awareness

two ways that new problems emerge as political issues that demand the government's attention

enforcement and execution

under Article II of the Constitution, the president is responsible for the ______________ and ____________ of the laws created by Congress

limited role; public land management

until 1970, the federal government played a ___________ role in environmental policymaking, but _______________ was a major exception

state laws and common law nuisance protections

until the 1970's, environmental protection consisted of a patchwork of ___________________ and _________________

public opinion, whether the president's party is controlling congress, members willingness to defer to president's recommendations

ways in which congress exercises its policymaking powers is shaped

commander in chief, power to make treaties, nominating heads of departments, executive orders, pardons, vetoes

what are the 6 main presidential powers?

collecting taxes, defining crimes, and condemning or taking private property for public use

what are the three concurrent powers of the state and national governments?

some think they are a license to pollute; since they can be traded, it can create hotspots of pollution where industries buy a lot of pollution credits from others

what are two problems concerning the issuance of marketable pollution credits?

states suing the EPA, or lining up with EPA against other states in advocating or challenging environmental policies and laws

what are two recent phenomena with the EPA and the states when it comes to the judicial branch?

voted to ease the confirmation process for most nominees by changing the Senate rules to allow most nominees be approved with a simple majority (51 votes rather than 60)

what did Senate do to try to help fix the problem of court vacancies?

ready for review

what does it mean if a case is ripe?

they are closed off from open congressional debate

what is different about riders process-wise from regular bills?

Gorsuch called for the Supreme Court to reconsider its ruling that created the Chevron doctrine

what is notable about Neil Gorsuch and something he called for the SC to do?

115th congress

what is the current meeting of the legislative branch?

states can readily export their problems to other states (interstate transfer)

what is the environmental "balance of trade" problem?

anticipating problems and attempts to prevent them

what is the main focus of states' pollution prevention programs?

only nation-states that agree to subit to the court's jurisdiction will be at a hearing

what is the major limitation of the international judiciary?

in forma pauperis

what is the term for when a filing to the supreme court is from a person who can't pay the cost?

command and control

what kind of regulation is this an example of?: a regulation that outlines how toxic waste must be stored

incentive regulation

what kind of regulation is this example?: some states require consumers to pay a recycling deposit on each can or bottle; if the consumer returns the container, then they are refunded the deposit; if not, they pay more for the product

property matters (like oil and gas, water rights)

what types of environmental cases are within state court jurisdiction?

Nixon thought that additional new independent agencies normally shouldn't be created

what was Nixon's principle that the EPA was an exception of?

an agency may make reasonable interpretation

what was the main point of the Chevron doctrine?

developing the agency's organizational structure, setting standards for pollution, banning of DDT

what were Ruckelshaus's main actions during the EPA's formative years?

construction of the national water system, exploration of western wilderness, management of public parks and lands

what were some of the responsibilities of the Department of Interior when it was first created?

vertical stare decisis

when a court applies precedent from a higher court

mandatory compliance with environmental law, punitive monetary penalties to deter future violations

when a polluter is taken to court, the two most common actions ordered by a court are _______________________________________ and ____________________________________

wrecking amendment

when a rider is used to stop a bill from passing, it is called a ________________

transboundary river disputes

where has the International Court of Justice played a primary role?

standing committees

where most significant policy decisions take place

Article III

which article of the constitution gives authority for our legal system?

the courts

who determine who has legal standing?

states

who have taken on a more significant role in environmental protection?

everyone!

who is a stakeholder in the wicked problem of climate change?

Aristotle

who said "what is common to the greatest number has the least care bestowed upon it"?


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