Environmental Policy Midterm 2
Deborah stone metaphor
"War" (i.e. war on poverty), "invasion" of privacy --> implies action
Which stage is the most problematic?
(Could be any, possible answer): legitimation because entering the system is easy (there are many divided congressional committees so getting an idea picked up is not the hardest part). But, once the issue is picked up in agenda setting and framed effectively in policy formulation, it must be able to withstand the force of interest groups and anti-environmental groups that are fighting against it. Example: cap and trade
Direct intervention
(Rare) If they think states are not doing enough they will pass laws
The Modern Environmental Movement
1960s and 1970s. The problem, politics, and policy streams converged --> shift in environmental policy. The environmental agenda rapidly changed and sought to expand conservation programs. Focus on public health, control of industrial pollution, and protection of natural resources. Rapid rise in concern about the environment and media coverage. Environmental policy was "nationalized" by adopting federal standards for the regulation of environmental pollutants. There were tough sanctions for non-compliance. Built upon the "wilderness movement": wilderness act of 1964, land and water conservation act, national trails act
How does Kingdon define the policy agenda?
A list of problems that government officials and the public are closely paying attention to at a given time. May be influenced by the larger societal agenda. Affected by a change in the political climate or by the current opinions of elites. (I.e. Reagan elected --> anti-environmental rhetoric).
Policy process model
A logical sequence of activities that affect the development of public policies. Depicts the process and relationship among actors at each stage. Includes agenda setting, policy formulation, policy legitimation, policy implementation, evaluation, and policy change (see table 3.1)
Deborah Stone
A policy actor who came up with rhetorical devices for framing: stories, metaphor, symbols
Policy implementation
After legislation is passed. Activities directed toward putting programs into effect. Interpretation of language, provision of resources, enforcement of environmental regulations, and monitoring compliance. Occur at all levels. Affected by political judgements about obligations. Commitment of public officials is important.
Cap and trade at each stage
Agenda Setting: Cap and trade got attention through media effort and convergence of parties. It was framed as looming crisis and the story of decline. Tied to natural disasters (Katrina). It was framed as being everyone's problem. Policy formulation: Policy makers start to pick it up because there was progress when it was used with acid rain. Environmentalists versus fossil fuel businesses who funnel money to a group that claims to be non-partisan.
What are the president's tools?
Agenda setting, appointments: shapes agencies and behavior, an execution: what gets done in the implementation stage; emphasizing some things over others.
The American Clean Energy and Security Act
An ambitious house bill in 2009 that set limits on overall emissions of carbon dioxide while allowing for the buying and selling of permits to release the gas under a cap that was to decline over time. (Cap and Trade)
GH Bush Administration
Broke up with Reagan's environmental agenda. Market-based approaches used for enviro protection (like acid rain). Controversy: drilling in wildlife places
Tools of congress
Budget, oversight and investigation, and direct intervention
Recent trends with environmental groups
Building coalitions with those who have not been their biggest supporters. I.e. religious organizations and energy ("green jobs"
Deborah stone symbols
Can mean multiple things at once, used to collect a broad group of support, ambiguous and umbrella-like
Key court cases
Chevron v. NRDC: EPA set the air quality standards --> courts increasingly reliant on deference to agencies, FOE v. Laid law: the ability of citizens to challenge. An exception because standing was granted to a grassroots environmental group. Another exception: friends of the earth law: courts upheld the ability to sure and the environmental groups got what they wanted.
Role of the states
Congress gives states a lot of power, gather over 90% of all data on air and water quality
What was the problem stream for cap and trade?
Contested data, lots of interest groups and a national mood of economic recession and climate-gate.
Benefits of cap and trade
Cost-effective and incentivizes innovation
What parts of the American political system affect enviro policy?
Decentralization of authority to states, staggered terms of office, separation of House and Senate, bipartisan competition (congressional voting scores by the League of Conservation Voters (LCV): increasing divergence of parties), fragmentation of authority within Congress contributes to policy inaction even when scientific evidence in readily available.
The role of courts
Decide who has the right to appeal to federal courts, Friends of the earth v. Laidlaw, set standards for review, interpret the constitution, has the final say on what the law means.
Cons of strong state power
Discrepancies between policies (harder to communicate), less unified in terms of the way data is collected and shared)
Executive branch
Divided authority also. Difficult to act quickly and coherently on environmental issues. Lots of exec branch agencies with environmental responsibility. 12 cabinet departments (protection of natural resources, transportation, nuclear). Cannot work together effectively.
The settlement and conquest of nature
Early 17th century: New England starts protecting forest land and regulating timber harvesting. Still, they wanted to subdue the wilderness. Expansion beat out policy intervention.
Rational choice theory
Economics based. Assumes that in making decisions people try to maximize self interest and so it tries to explain public policy in terms of the actions of individual policy actors who are motivated in this way. (I.e. oil and gas companies want to minimize adverse economic impact.
Theories to explain the policy process
Elite theory, group theory, institutional theory, and rational choice theory
Institutional theory
Emphasizes the formal and legal aspects of governmental institutions (i.e how they are structured and arranged, their legal powers, and procedural rules). How public and stakeholder involvement in allowed in government decisions and to what extent. How authority is given to the government to act on its own under federalism. How rules, laws, an court decisions affect outcomes.
Elite theory
Emphasizes the rule of governing elites (i.e. corporate leaders), may hold values that differ from the public at large, explains the success of oil companies and refineries in climate change negotiations. Focus on the success of elites. Powerful people coming together.
How do election campaigns help?
Environmental organizations can reach new constituencies and broaden public support. Candidate endorsements.
Friends of the earth v. Laidlaw
Environmentalist victory when the supreme court voted to uphold citizen demands to change the CAA and CWA. Courts kept the door open for citizen groups.
Courts
Evaluators of environmental policy, increasingly skeptical of environmental challenges, more willing today to defer to agencies
What was the politics stream for cap and trade?
Everyone is focused on the economy and are less concerned about the environment. People were more skeptical.
Mainstream organizations
Examples: NRDC, Sierra Club, National Audubon Society, NWF. Washington-based organizations that focus on public policy issues. Use social media. Have a lot of funding and work closely with political leaders.
Kingdon's model
Explains how environmental problems come to be objects of public concern. Says that there are three "streams" of activities: problem stream, policy stream, and politics stream). With the assistance of policy entrepreneurs/ actors, these streams come together and create opportunities for policy development.
Researchers
Focused on issues and science/ policy analysis. Good understanding of complexity. Examples: World resources Institute, Worldwatch institute, resources for the future. Their main challenge in mobilization. Turns big ideas into action.
Features of environmental policy
Fragmented (federalism v. state, no unified committees), Agencies (scattered), hard to get through the system but there are a lot of opportunities to enter.
Examples of the public involved in policy decisions v. not involved
George H Bush: National Energy Strategy- public hearings and consultation with federal agencies --> energy conservation initiatives; George W. Bush: National Energy Policy Development Group- took advice from energy leaders --> less conservation.
Green party
Has attracted support only within a few regions of the country. Much more popular in Europe.
Agencies
Help with rule making and discretion.
How does environmental change work?
In increments but sometimes big and dramatic when the policy streams converge
Benefits of the policy process model
Incorporates elements from all of the policy theories, clarity and flexibility
How does environmental policy normally change and why?
Incrementally because it is based on bargaining and compromise.
Problem stream
Influences the agenda by providing data about the state of environmental conditions or disasters, tech developments, and ecological changes. Government reports or EPA studies. Circulate among policy specialists, which affects their perceptions and understanding of an issue whether or not it produces an immediate effect. Affected by focusing events: environmental crises, tech developments, ecological changes. (I.e. Exxon Valdez oil spill --> media coverage --> greater attention and salience) Increases the credibility of studies of environmental health.
Policy and Program Evaluation
Is it working well? The extent to which they are achieving their goals. Very rare. Did they produce the expected outcomes? Political pressure and judgements affect the extent to which policymakers take this information into consideration.
Why was the American Clean Energy and Security Act still important even though it could not get passed?
It was the first comprehensive attempt by the nation's top policy makers to mitigate climate change.
Biggest issue with the public?
Lack of knowledge
Progressive Era
Late nineteenth century: significant advances in conservation policy, Yosemite state park created, Congress set aside land for the enjoyment of people. Still, rapid expansion and development in the West. Land converted to farm land and lots of it was privatized. Gave miners free access to mineral deposits. Political: people believe they are entitled to government subsidies indefinitely. The Progressive Era reflected growth of concern about the preservation of natural resources and public lands. John Muir founded the Sierra Club to protect wilderness areas. Early successes in the creation of national parks and forest reserves. Prominent national conservation groups emerged: Sierra Club, National Audubon Society, and the National Parks Conservation Association. Emergence of emphasis on urban public health: waste management, wastewater treatment, first air pollution statute, safe drinking water act (first drinking water standards). The "city beautiful" movement and urban parks movement: cure social ills and crime through nature and beautification.
Policy entrepreneurs
Leader inside and outside of government who devote themselves to the issues and their advancement. Help bring the three streams together and facilitate the policy process --> policy breakthroughs). See a window opening and act. Examples: Exxon Valdez spill --> Oil pollution Act of 1990; Superfund Amendments and Reauthorization Act (SARA) as a result of chemical plant accidents. When they are not taking advantage of windows, they stimulate interest in issues and educate the public and policy makers.
Grassroots
Local and regional levels. Deal with local environmental issues such as threats from hazardous waste sites, urban sprawl, or loss of biodiversity. Reflect concerns of local citizens. Influential on a local level although they do not get national media coverage usually. Smaller budgets than mainstream organizations.
What suggests that we may be able to improve public knowledge and foster involvement?
Local environmental initiatives
Policy design
Looks at what policy tools will bring out the intended behavior. Policy actors play a large role (environmental and business groups, think tank policy analysts, and policymakers). Courts get involved too: legally binding policy decisions. Because policy design is technical, the scientific community is involved but not as much as it should be. The various policy actors involved are rarely equal in influence. Another issue is the extent of influence that the people will have. Some people worry that specialists may become too involved --> try to integrate the public. Opposite side: scientists could develop superior policies better than the sometimes ignorant public. An ad hoc policy force does a lot of the work before it gets to elected officials. `
Issues for environmental groups
Losing ability to attract public support, division and competition, declining membership exception: NRDC, opposition from the business community and property rights movements
Reagan administration
Lots of criticism in Reagan administration. Republican majority returned. All environmental policies reevaluated and reversed or weakened. Problem: congress and the American public still favored the old environmental programs. He could not bypass congress. Congress renewed and fortified environmental statutes (like CAA because people distrusted the government).Free market and less regulation. Sage burn rebels: privatizers who want local control.
Types of environmental groups
Mainstream, greens, grassroots, and researchers
CHAPTER 3
Making Environmental Policy
Environmental interest groups
Membership soared in the 1960s and 1970s. Environmentalists began to split in the 1980s with sharp conflicting political strategies. Competed with one another for funding and publicity.
New Deal Era
Mitigation of natural resource problems in response to natural disasters (drought and the dust bowl). Tennessee Valley Authority (TVA) wanted to stimulate economic development and employment to pull the nation out of the depression. Government land planning could be a benefit to everyone. CCC and Soil Conservation Service were directed at repairing environmental damage and preventing its recurrence. Taylor grazing act- ended abuse from overgrazing. The Bureau of land management ended mass privatization of land. Taylor Grazing Act set limits.
1960s (Era of Social Regulation)
Modern environmental policy emerged. Focus on public health appeared. Focused on preservation of areas of natural beauty and wilderness. Wilderness Act of 1964: protect land. Beautification. increasingly affluent, meaning more emphasis on quality of life. Concern for natural resource amenities. Scientific discoveries brought attention to issues. People wanted more forceful and comprehensive governmental action to protect natural resources. New environmental group arose.
Greens
More radical organizations. Examples: Greenpeace, the Earth Liberation Front, and Earth First!). Emphasize public education and social change. More eccentric philosophies. Believe that we need to change human values and behavior to deal with environmental problems. Challenge the dominant social paradigm-- they want biocentricity.
Muir v. Pinchot
Muir believed wilderness areas should be preserved for their own sake and used exclusively for recreational purposes. Pinchot believed that we need to be efficient with our use of natural resources for development.
Public opinion and support
Not well informed, but most believe that the quality of the environment is unacceptable and want to improve the situation. People say they are sympathetic (we just think there are more because of media attention). It is large, but shallow. They are described as "light greens" because they are favorable towards environmental protection but exhibit little personal commitment. Lack of political activism. Lack of "environmental literacy" and knowledge. Environmental ignorance.
Clinton Administration
Now, the Republican congress wanted to pull back from the environmental advancements of the 1970s and 1980s. Increased spending on environmental programs by Clinton. Shifted toward sustainable development and integrative policy action. Tried to protect public lands. No great gains because of bipartisan divergence.
The role of the president
Obama early efforts "let's work together"--> but, later on he backs off. He could have pushed harder
Policy change
Occurs if public policies are not satisfactory. Revised to become successful. New policy goals or different authority. Termination is rare, but occurs.
Agenda setting
One of the most critical stages for environmental policy making. How do you get attention? How environmental issues are perceived and defined and the development of public opinion. Bring environmental issues to the attention of the public and political leaders and shape the ideas that get consideration in government. Includes: scientific research, environmental studies, prominent environmental accidents, media coverage, and promotional activities of environmental activist groups. Rise and fall of issues explained by Kingdon's model.
Benefits of dispersed power
Opportunities for interest groups to promote their concerns, lots of points of access, guarantee that environmental advocacy groups can find an audience to publicize. Lots of congressional committees means that any group can find someone in congress to introduce legislation and maybe move the issue to a hearing. Provide a forum for agenda setting.
Why did cap and trade fall apart?
Organized partisan interest groups and the anti-league of conservation fought against it. Skeptic groups argued that there was no warming and the media focused on them. Cap and trade did not make it to the policy legitimation stage because of the collapse on wall street --> climate-gate and a poor economy means distrust and reluctance to spend funds. People suspected corruption. Public opinion was that the issue was exaggerated and was a "conspiracy". People start to believe it is a hoax as a result of interest groups. Fell apart because the science was contested.
History of environmental politics
Prior to 1960s: barely mentioned in the national media; late 1960s: importance grew rapidly; 1970s and 80s: bipartisan cooperation; now: salience has changed in accordance with economic issues, sharp ideological and political conflict
Three periods
Progressive Era (1890 to 1915), New Deal Era (1930s), and era of social regulation (1960s and 1970s)
Public participation
Public participation is a large part of the policy legitimation stage. At local levels it is very direct whereas at a regional level the public is often spoken for by environmental groups. Work directly with policy makers.
George W. Bush Administration
Put pro-business advocates as the head of the EPA. Far less concern with environmental change. Focused on energy and drilling. Administration sided with industry. Unlike Reagan, he kept a low profile on controversial decisions and said that they were in the public's interest.
Due process law of the fifth amendment
Puts a premium on the protection of property rights --> barriers to governmental action.
1980s
Reagan wanted to reverse policies of the 1970s, people claimed excessive and expensive regulation. Ambivalence about how far to go in pursuit of policy goals. Industry complained about financial burden. Environmental groups stop trying to push for new policy and start trying to protect old policy from the 1970s. Enviro groups start competing. Environmental groups are challenged because people say they are rich and white --> start environmental justice push.
How did new social regulation differ from the old?
Reflected deep distrust of organizations. Wanted public scrutiny. Led to increased participation by public interest groups and environmentalists.
Most notable regional cap and trade system
Regional Greenhouse Gas Initiative
Ingram and Mann types of policies
Regulatory and distributive
Oversight and investigation
Review what agencies do and weather it is appropriate or not
Group theory/ Pluralist theory
Sees public policy as the product of a continuos struggle among organized interest groups (business v. environmental groups). Example: pesticides- balance between agricultural chemical companies and health groups/ environmental groups. Focuses on how those who win/ lose is a function of how the group is organized and how effectively they present their case.
Exceptions to Congressional stalemate
Sometimes occur when leaders find creative ways to get around many obstacles (i.e. Omnibus Public Lands Act of 2009)
What was the issue with the American Clean Energy and Security Act?
Stark political and regional divisions among members of Congress. Republicans: "cap and tax". Republicans gave money to companies to support their environmental plan.
State versus local governments
State and local policy: easier because there is less bipartisan struggle, can follow an issue closely, innovative enviro policies found at the state level b/c they can take advantage of windows of opportunity more easily, they are the "laboratories of democracy" i.e California Global Warming Solutions Act and solar power. States operate 96 percent of all federal enviro programs. They can bring together citizens and promote collaborative decision making. Diversity in environmental policy that would not be possible in a centralized system.
Barrack Obama Administration
Supportive stance on environmental issues, but reluctant to push too aggressively with the fear of harming the economy. Coming out of a deep recession. Faced a Republican House that was strongly opposed. EPA budget 2X.
1970s (Era of Social Regulation)
The "environmental decade", environmental policy prevalent on the political agenda, congress enacted most of the statutes that formed contemporary policy. First Earth Day held. Broader social regulation. Focus on health and safety along with environmental quality. Lots of new federal agencies: EPA by Nixon. Decline in mid 1970s, but environmental issues had become a part of mainstream American values.
Deborah stone stories
The "story of decline" focuses on the fact that things used to be good and now they are bad --> people take action. Popular in the 1960s and 70s. Then, the story of "stymied progress", which says that once things were working well and then something happened that made it slow down --> we need to do something to change that.
Friends of the Earth v. Laid law
The Court held that the plaintiff residents in the area of South Carolina's North Tyger River had standing to sue an industrial polluter, against whom various deterrent civil penalties were being pursued. Standing was properly based on the fact that the residents alleged that they would have used the river for recreational purposes, but could not because of the pollution.
CHAPTER 4
The Evolution of Environmental Policy and Politics
Policy formulation
The development of proposed courses of action to resolve the problem identified. Involves scientific research on the causes and consequences of environmental issues. Projects future trends. Analysis of the goals of public policy and policy options. Policy design is extremely important in this stage. Driven by scientists who work with policy makers to come up with ideas supported by science.
Regional Greenhouse Gas Initiative
The first mandatory, market-based carbon emissions reduction program to win approval. Cap and reduce emissions of states. It eventually died though because of preoccupation with other issues.
Politics stream
The political climate or national mood as revealed by public opinions surveys and election results. Detect public shift and use it to your advantage. Gaged by elections. Mobilization and counter mobilization: how to get people engaged and active.
What was the policy stream for cap and trade?
There are different proposals for structuring it, it had been tested before. Politically palatable.
Saliency
Things are more "salient", or important, to the public after focusing/ catalytic events. There are other problems and people are more focused on the immediate future. People are not willing to invest time and energy with low salience.
What was the intent of the American Clean Energy and Security Act?
To push up the price of emissions and provide an economic incentive for businesses and consumers to change the their decision making on energy use.
Policy Legitimation
Turning it into actual legislation. Giving legal force to decisions. Legitimacy of action taken (how it is viewed) and its acceptability to the public. Public trust in government has fallen, which has complicated the process. Can also be approved though an open and transparent policy process where the public and policy officials interact. Debate issues and reconcile differences. Problem: minority and poor groups often excluded. The passage of legislation is not a guarantee that anything has occurred (National Environmental Policy Act: legislation enacted with little effect).Without legitimation, they may fail because of technical misjudgments or inaccurate assessments of public acceptability (I.e. Nuclear Waste Policy Act--miscalculated public distrust in the DOE)
Congress
Very fragmented in authority, decisions take place in committees rather than in the House or Senate. There is no single committee for the environment. Dozens of committees and sub-committees have jurisdiction over environmental issues and they all have varied agendas. Building a consensus on policy foals becomes unattainable. Example: CAA.
Policy stream
What might be done about environmental problems. Developed by analysts and academics. It is the domain of think tanks i.e. Brookings institute Tested by the policy community for technical acceptability. Get endorsed, rejected, and revised. Survival of the fittest. If ideas are not consistent with the political mood, they will be dropped. (I.e. CAP AND TRADE). Symbols and language used (framing) is extremely important in this stage. "War on coal" attracted media attention.
Punctuated equilibrium
When a lot of change comes at once because monopolies are disrupted by policy actors and focusing events. Policies is incremental an dlocked down in monopolies. It is sometimes punctuated and disrupts a stable system.
Rule making
When agencies interpret what congress means and translate ideas into specific procedures. I.e. the Administrative procedure act, federal register (check the state of rules), and E-government (check status). Used to implement policy
Discretion
When agencies make judgements about hot to implement law. They decide what gets done. More informal
Benefits of strong state power
You are closer to the issue so its more effective, people have more of a say, collaboration, a good testing ground for policy
Budget
funding of things like EPA programs, funds vary by who is in congress--they can restrict or improve funds for the EPA
