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Environmental Policy

Terms in this set (92)

Frontier Attitude
A desire to conquer and exploit nature as quickly as possible
General Revision Act
1891 Gave the president the authority to establish forest reserves on federally owned land
Theodore Roosevelt
1858-1919-removed 17.4 million hectares of forest primarily in the west from logging
Gifford Pinchot
1865-1946-the first head of the US forest service, utilitarian conservationist
Utilitarian Conservationist
a person who values natural resources because of their usefulness for practical purposes but uses them sensibly and carefully
Biocentric Preservationist
a person who believes in protecting nature because all forms of life deserve respect and consideration
Antiquities Act
1906 authorized president to set aside certain sites that had scientific, historical, or prehistoric importance, such as the Badlands in South Dakota, as national monuments
Franklin Roosevelt
1882-1945-established the civilian conservation corps,
Civilian Conservation Corps
which employed more than 175,000 men to plant tree's, make paths, and roads in national parks and forests, build dams to control flooding, and perform other activities to protect natural resources
Aldo Leopold
1886-1948-wildlife biologist and environmental visionary who was influential in the conservation movement of the mid-to late 20th century
Rachel Carson
1907-1964-marine bioligist, wrote about interrelationships among living organisms, humans, and natural environment
Environmentalist
a person who is concerned with or advocates the protection of the environment.
Earth Day
(April 22, 1970) awakened US environmental consciousness to population growth, overuse of resources, pollution, and degradation of the environment
Which occurred first in the U.S. environmental movement concerns about forest conservation or concerns about pollution?
Concerns about forests
Describe how an individual can influence U.S. environmental history or policy
Make policies,laws, bring awareness to certain topics, write books, get noticed
Explain how the attitudes of utilitarian conservationists toward environmental policy differ from those of biocentric preservationists
A utilitarian is someone who wants to use natures resources in a safe way but a biocentric person is someone who believes in protecting all nature from any harm at all
Environmental Protection Agency (EPA)
purpose of protecting human health and the environment by writing and enforcing regulations based on laws passed by Congress, proposed by president Richard Nixon
National Environmental Policy Act (NEPA)
required the federal gov't to consider the environmental impact of any proposed federal action, such as financing highway or dam construction. NEPA provides basis for EIS
Environmental Impact Statements (EIS's)
A document that summarizes potential and expected adverse impacts on the environment associated with a project as well as alternatives to the proposal project typically mandated by law for public/and or private objects
Council on Environmental Quality
monitors the required EISs and report directly to the preside, no enforcement powers
What three things must an EIS include according to NEPA?
1) Nature of proposal and why it is needed
2) The environmental impacts of the proposal, including short-term and long-term effects and any adverse environmental effects if the proposal is implemented
3) Alternatives to lessen the adverse effects of the proposal generally providing ways to mitigate the impact of the project
Clean Air Act (CAA)
The Clean Air Act is a United States federal law designed to control air pollution on a national level. It requires the Environmental Protection Agency (EPA) to develop and enforce regulations to protect the public from airborne contaminants known to be hazardous to human health.
Clean Water Act (CWA)
The Clean Water Act (CWA) protects our nation's water. The CWA requires permits for any point-source discharge of pollutants into waterways. These permits are issued under the National Pollution Discharge Elimination System (NPDES) and are therefore called NPDES permits. The CWA requires states to set standards for the level of pollutants that may be found in any given water body. The state must ensure that these levels are not exceeded.
Wetlands Section 404
Wetlands are ecologically important and therefore the CWA requires that a developer obtain a "Section 404" permit prior to filling in a wetland. The Army Corps of Engineers issues these permits. Usually, a permit will be issued only if the developer can show that the loss of the wetland will be "mitigated." This generally means that the developer will have to recreate the wetlands elsewhere.
Endangered Species Act (ESA)
Require the gov't to protect the habitat of endangered species
No Take
It is unlawful under the ESA to "take" a species listed as threatened or endangered. Take means to kill, harass, or otherwise harm a species.
Consultation
The law requires federal agencies to consult with the Fish and Wildlife Service to ensure that the actions they authorize, fund, or carry out will not jeopardize listed species.
California Environmental Quality Act (CEQA)
CEQA requires state and local agencies within California to follow a protocol of analysis and public disclosure of environmental impacts of proposed projects and adopt all feasible measures to mitigate those impacts. CEQA makes environmental protection a mandatory part of every California state and local agency's decision making process.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) - "Superfund"
Superfund imposes liability for clean-up costs on the parties responsible for the pollution. Responsible parties include past owners of the site, present owners of the site, anyone who contributed to the pollution, or anyone who transported hazardous materials to or from the site.
Hazardous Substance Account Act (HSAA)
HSAA authorizes the state to clean up sites that do not qualify for cleanup under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). HSAA also provides funds to the state to pay its required share of CERCLA costs and provides compensation for persons injured by exposure to hazardous substances.
Who is the current administrator of the EPA?
Gina McCarthy
What is the typical job of the EPA?
translating environmental laws into specific regulations
Once the EPA translates an environmental law, which office does it go to next?
Office of Management and Budget
Cost-benefit analysis
CBA has two purposes: systematic process for calculating and comparing benefits and costs of a project, decision or government policy (hereafter, "project").
Who is responsible for implementing and enforcing environmental laws?
really important people and the government and stuff of the sort
List several ways environmental legislation has helped the United States since the 1970's.
2007: IPCC concludes that is it "very likely" that global warming is caused by humans; 2008: supreme court decided that EPA must regulate CO2
Why is it important to study environmental law?
Appreciate the breadth of "environmental law" and what it means to practice environmental law; Understand that many environmental laws and concerns are implicated in seemingly routine actions; Gain awareness of environmental issues through a discussion of the laws and hypothetical scenarios.
Environmental Law
field of law that...
Environmental Law Definition Dictionary
"The field of law dealing with the maintenance and protection of the environment, including preventive measures such as the requirements of environmental impact statements, as well as measures to assign liability and provide cleanup for incidents that harm the environment. Because most environmental litigation involves disputes with governmental agencies, environmental law is heavily intertwined with administrative law."
Why do we need environmental laws? (5 reasons)
1) To regulate activities that are harmful to the environment
2) To require clean-up of pollution at the expense of the polluter
3) To protect natural resources and critters
4) To ensure that environmental factors are considered before undertaking an action
5) To regulate land use and growth
Who regulates activities? (4 governing bodies)
Local Agencies, State Agencies, Federal Agencies, Citizens and Citizen Groups
Tort actions
brought by private individuals who feel they have been injured by the actions of another.
Nuisance Claim
An individual who is bothered by the activities of another can bring an action in court seeking an order that the injurious activities must stop.
Toxic Tort
actions brought by individuals who claim they were injured by pollution caused by a corporation or other entity
What makes environmental legislation legal in the United States?
Commerce Clause: United States Constitution; Article I, Section 8, Clause 3. "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes."
What does the commerce clause give congress the authority to do?
The clause states that the United States Congress shall have power to regulate commerce with foreign Nations, and among the several States, and with the Indian Tribes.
United States vs. Rands
"The power to regulate commerce comprehends the control for that purpose, and to the extent necessary, of all the navigable waters of the United States.... For this purpose they are the public property of the nation, and subject to all the requisite legislation by Congress."
Economics
Study of how people use their limited resources to try to satisfy unlimited wants
What does "Economics is utilitarian" mean?
all goods and services -including those provided by the gov't-have value to people and that those values can be converted into some common currency
Rational Actor Model
In economics, the assumption that all individuals spend their limited resources in a fashion that maximizes their individual utilities
Utility
An economic term referring to the benefit that an individual gets from some good or service. Rational actors try to maximize utility
Efficiency
term economists use to describe multiple individuals getting the greatest amount of goods or services from a limited set of resources
Externalities
occur when the producer of a good or service does not have to pay the full costs of production
Negative Externality
a blacksmith drips black stuff on towels of another store
Positive Externality
dentist is playing soothing music, patient gets to listen to that
What do economists mean by efficient regulation?
Ask*
Optimal Amount of Pollution
the cost to society of having less pollution is offset by the benefits to society of the activity creating the pollution
Marginal Cost of Pollution
refers to the cost of a small additional amount of pollution
Marginal Cost of Abatement
cost associated with reducing a small additional amount of pollution
Command and Control Solutions
EPA or other gov't agency requires that a particular piece of equipment be installed to limit emissions to water,air, or soil
Incentive-Based Regulations
environmental taxes and tradable permits
When might command and control regulations be more or less effective than economics-based policies?
when the people have to deal with animal s
Tradable Permits
rely on identifying the optimal level of pollution
Emissions Charge
amount a company pays for the amount of pollution they put in the air
Cost-Effectiveness Analysis
increasingly common regulatory tool, rather than setting an optimum level of pollution, cost effectiveness analysis asks "if we est. this regulation, how much will it cost to achieve some outcome?" where the outcome is lives saved or years of lives saved
National Income Accounts
total income of a nation given for a year
Gross Domestic Product (GDP) & Net Domestic Product (NDP)
provide estimates of national economic performance used to make important policy decisions
Do national income accounts incorporate environmental factors?
no they do not
Natural Capital
earth's resources and processes that sustain living organisms*****
Environmental Performance Index (EPI)
measurement of countries environmental efficiency (how well do they uphold their own environmental legislation)
EPI vs. GDP
GDP does not take into account environmental policies
Environmental Justice
A recognition that access to a clean, healthy environment is a fundamental right of all human beings.
Basal Convention International treaty
designed to prevent the transfer of hazardous wastes from nation to nation
Is environmental science a local issue, international issue or both? Explain
It is everything to do with the environment and the policies, so both
Ethics
branch of philosophy that is derived through logical approach of human values
values
Cherished ideas and beliefs that affect decisions a person makes.
Environmental Ethics
A search for moral values and ethical principles in human relations with the natural world.
worldview
A person's view of the world, consisting of the set of beliefs on which he bases his life.
Environmental Worldview
How people think the world works, what they think their role in the world should be, and what they believe is right and wrong environmental behavior (environmental ethics).
Western Worldview
an understanding of our place in the world based on human superiority and dominance over nature, the unrestricted use of natural resources, and increased economic growth to manage an expanding industrial base
Deep Ecology Worldview
a philosophical worldview that stresses harmony with nature, respect for life, and the belief that humans and all other species have an equal worth. Deep ecologists describe themselves as biocentric (all-life-centered)
What are the 8 principles of deep ecology worldview?
1. all life has instristic value 2. the richness & diversity of life forms contribute to the flourishing of human and non human life 3. humans have no right to reduce this richness and diversity expect to satisfy vital needs 4. present human interference with the nonhuman world is excessive & situation is worsening 5. Flourishing of human life and cultures is compatible with the substantial decrease in the human population 6. significant improvement of life conditions requires changes in economic, technological and idealogical structures 7. ideaological change is mainly that of appreciating the quality of life rather than adhering to a high standard of living 8. those who subscribe to the fregoing points have an obligation to participate in attempt to implement the necessary changes
How do western and deep ecology differ?
western is present day, deep explains why
Biocentric
Life centered theory of moral responsibility that states that all forms of life have an inherent right to exist.
Is the environment part of the economy or is the economy part of the environment?
Economy is part of environment
Do you agree or disagree that climate change is an environmental justice issue?
Agree
Pigouvian Tax
tax on a good with external costs
Coase Thereom
2 firms can negotiate and eventually come to agreement over allocation of resources without transaction costs, only bargaining
Tragedy of the Commons
A parable that illustrates why common resources are used more than is desirable from the standpoint of society as a whole
Public Good
Goods that are neither excludable nor rival in consumption
Pure Public Good
A good that is nonrival (my use of the good does not diminish your enjoyment of the good) and nonexcludable (no one can be prevented from using the good).
Free-for-all public good
public good that can be claimed
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