Chapter 27
Policy Cycle
1. Recognition – identify the problems 2. Formulation – look for solutions
Existing or proposed environmental policies
should be guided by several principles:
The humility principle. (we don’t understand nature)
The reversibility principle. (don’t do anything you can’t reverse)
The precautionary principle. The prevention principle.
The polluter pays principle. (green taxes)
The integrative principle. (make decisions that involve integrated solutions to environment and other problems.)
The public participation principle. (citizens should participate in decision making)
The human rights principle. (all people have a right to live in a healthy environment)
What Can You Do?
Influencing Environmental Policy
• Become environmentally literate on issues
• Make your views known at public hearings • Run for office (especially at local level)
• Make your views known to elected representatives
• Contribute money and time to candidates for office
• Vote
• Form or join nongovernment organizations (NGOs) seeking change
• Support reform of election campaign financing to increase the influence of ordinary citizens on
ENVIRONMENTAL POLICY IN THE US
• Formulating, legislating, and executing
environmental policy in the U.S. is a complex, difficult, and controversial process.
– Lobbying consists of individuals or groups
who use public pressure, personal contacts, and political action to persuade legislators to vote in their favor.
Legal action
Regulating enforcement body
Public hearing Lobbyists Lobbyists Lawmaking body Special-interest groups Environmental
organizations Courts Corporations and small business
Individual Public advisory Laws and regulations Lawyers Boycotts Membership support Laws and regulations Purchase recyclable, recycled, &
environmentally safe products
Recycle cans, bottles, paper, & plastic Plant a garden Donate clothes & used goods
to charities
Use water, energy, & other
Resources efficiently
Use mass transit, walk,
ride a bike, or carpool
Environmental Law: 3 types
1. Statute Law – formal documents enacted by Legislative Branch (state or federal)
2. Case Law – Judicial Branch rules on
constitutionality of statutes and interprets their meanings. Federal, state, Supreme Courts
Types of Case Law
1.
Criminal Law – initiated by a governmentprosecutor, can result in prison terms and monetary fines.
2. Civil Law- regulates relations between individuals or between individuals and corporations.
a. Common Law – dictated by custom and previous court decisions
b. Tort Law – seeks compensation for
SLAPP Suits
• Strategic Lawsuits Against Public Participation • Citizens or groups who criticize businesses that
pollute or gov’t. agencies who are derelict in their duties can be sued by the businesses or the gov’t agencies in retaliation for their
complaints.
Administrative Law
• Federal, state and local agencies have environmental oversight
• Set rules, investigate misconduct
• Federal often delegates power to state agency Ex: EPA to NCDENR
• Rule making can be formal or informal
White House Office Office of Management and Budget Council on Environmental Quality
• Overall policy • Agency coordination
• Budget
• Agency coordination and management
• Environmental policy • Agency coordination
• Environmental impact statements
Dept of Health & Human Services Environmental Protection Agency Department of Justice Department of the Interior Department of Agriculture Department of Defense
• Health • Air & water pollution • Noise
• Pesticides • Solid waste • Radiation
• Toxic substances
• Environmental litigation
• Endangered species • Energy
• Minerals • National parks • Public lands • Fish and wildlife • Water development
• Soil
conservation • Forestry
• Civil works construction
• Dredge & fill permits • Pollution control from defense facilities Nuclear Regulatory Commission Department of State Department of Commerce Department of Labor Department of Housing and Urban Development Department of Transportation
• Licensing and regulation of nuclear power
• International environment
• Oceanic and atmospheric monitoring and research • Occupational health • Housing • Urban parks • Urban planning
• Airplane noise • Mass transit • Oil pollution • Roads Tennessee Valley Authority Department of Energy
• Energy policy
Administrative Courts
• Hear challenges to agency rules/regs,
enforcement cases. Judge acts as fact finder and decision maker.
• Wicked Problems – problems with no simple right or wrong answers – point of view of
stakeholder. Solve through:
1. Adaptive management – learn by doing 2. Precautionary Principle
Other ways to settle disputes
• Arbitration – formal process of dispute resolution similar to trial
• Mediation – people encouraged to sit down and talk
• Community-based planning – involve all stakeholders in planning process
• Green Plans – comprehensive, long-range enviro.
Strategies. Weave together systems such as water, air, soil, energy and mesh them with economics, health and carrying capacity
Major Types of Environmental
Laws in the U.S.
•
The National Environmental Policy Act
(NEPA) requires evaluation of the
environmental impact of an activity
proposed by a federal agency.
– An environmental impact statement (EIS)
ENVIRONMENTAL GROUPS AND
THEIR OPPONENTS
• Environmental groups monitor
environmental activities, work to pass and
strengthen environmental laws, and work
with corporations to find solutions to
environmental problems.
– Non-government agencies (NGOs) range from grassroots groups to global organizations.
Threats to the U.S. Environmental Legal and
Regulatory Structure – Environmental Backlash
• Three major groups are strongly opposed to many environmental laws, regulations and proposals:
– Some corporate leaders who see environmental laws as threats to their wealth and power.
– Citizens who see environmental laws as threats to their private property rights and jobs.
GLOBAL ENVIRONMENTAL
POLICY
• International environmental organizations:
– Expand understanding of environmental issues. – Gather and evaluate environmental data.
– Help develop and monitor environmental treaties.
– Provide funds and loans for sustainable economic development.
GLOBAL ENVIRONMENTAL
POLICY
• Earth summits and international
environmental treaties play important roles
in dealing with global environmental
problems, but most are not effectively
monitored or enforced.
• Making the shift to a more equitable and
environmentally secure and sustainable
Trade-Offs
Global Efforts on Environmental Problems
Good News Bad News
Environmental protection agencies
in 115 nations Most international environmental treaties lack criteria for monitoring and evaluating their effectiveness
Over 500 international environmental
treaties and agreements 1992 Rio Earth Summit led to nonbinding agreements without enough funding to implement them
UN Environment Programme (UNEP) created in 1972 to negotiate and monitor
international environmental treaties By 2003 there was little improvement in the major environmental problems discussed at the 1992 Rio summit
1992 Rio Earth Summit adopted key principles for dealing with global
environmental problems 2002 Johannesburg Earth Summit failed to provide adequate goals, deadlines, and funding for dealing with global
environmental problems such as climate change, biodiversity loss, and poverty 2002 Johannesburg Earth Summit
attempted to implement policies and goals of 1992 Rio summit and find ways to
