27 policy
TRANSCRIPT
Announcements – May 4, 2011
Final exam, Monday, May 9, 1:30pm
Environmental Policy
Lecture Objectives:
1. What is the history of environmental policy in the U.S.?
2. What role did Kepone play in environmental policy?
3. What does the Endangered Species Act do?
Development of Policy
Policy - general principles by which the branches of government guide management of public affairs
Congress passes legislation in form of acts and statutes to guide or regulate behavior
Development of Policy
Types of regulatory approaches: Prevention: ban production/activity, limit output,
technology requirement
Discourage: taxes on undesirable products, liability for products/services, public disclosure
Encourage: subsidies for alternatives, tradeable permits
http://thomas.loc.gov/
History of Environmental Policy
Prior to 1960’s, no set Environmental Policy in U.S.
Federal agencies, industries, businesses, and individuals did not have to consider the environmental impacts of their actions
National Environmental Policy Act (NEPA)
Cornerstone of U.S. Policy(Signed into law by Nixon in 1970)
1. Authorizes the Council on Environmental Quality(the oversight board for general environmental conditions)
2. Directs federal agencies to take environmentalinto account in decision making.
3. Requires an Environmental Impact Statement (EIS) forevery major federal project that may impact environment.
National Environmental Policy Act (NEPA) 1969
Requires: federal agencies to consider environmental
consequences of actions produces publicly reviewable document on this analysis:
Environmental Impact Statement (EIS)
Created Council on Environmental Quality
advises president, can issue regulations for federal agency compliance with NEPA
NEPANEPA’s strength: EIS requirement
Revolutionary “stop and think” strategy prevents tunnel vision by agencies
Emulated by 25 states and 80 countries
Major Environmental LawsNational Environmental Policy Act (1969)
Clean Air Act (1970)
Federal Coastal Zone Management Act (1972)
Endangered Species Act (1973)
Clean Water Act (1977)
Hazardous Waste Regulation (RCRA 1976)
Improvement in Air Quality
4/5 primary air pollutants decreased since 1970Nitrogen oxides per vehicle down, but overall emissions increased due to larger number of carsLead emissions way down after switch to unleaded gasoline
Regulatory AgenciesEnvironmental Protection Agency – Primary agency with responsibility for protecting environmental quality.
Cabinet-level department.
Department of Interior (Natural Resources) National Park Service Bureau of Land Management US Fish and Wildlife Service
Department of Agriculture US Forest Service
Department of Labor Occupational Health and Safety Agency (OSHA)
The Environmental Protection Agency
Develop and enforce regulations
Offer financial assistanceresearch grants, environmental education,environmental programs
Perform environmental research
Sponsor voluntary partnerships and programs
Further environmental education
Early Environmental Law: Kepone
Illustrates many of reasons why environmental laws are necessary
workplace health, air and water quality, consumer exposure to hazardous chemicals
1958 - Allied Chemical plants produced pesticide known as Kepone
Company tested for toxicity – highly toxic to both rats and mice
caused cancer, liver damage, reproductive failure, inhibition of growth and muscle coordination
Kepone
Started commercial production in VA anyway
From 1966 to 1973 wastes were discharged directly into the James River
Later, into municipal sewer system
Kepone
Numerous Health impacts on humans causes tremors, liver dysfunction, affects
reproductive system 1975 - Doctor in Hopewell, VA made connection,
reported 75 cases of acute Kepone poisoning
Led to findings of serious contamination in nearby land, water
one hundred miles of James River, portions of Chesapeake Bay closed to fishing in 1975
KeponeVariety of lawsuits against Allied
plant workers, EPA, fishermen, etc. 10,500 plaintiffs suing for $85 billion Actual settlements unknown
stipulation for out of court settlement was not to divulge settlement amount
estimates are around $30 million
Why did they get away with it for so long? Lack of enforcement mechanisms Plant located in poor area
Case led to Clean Water Act of 1977
Endangered Species Act
1973, 1982, 1895, 1988, 1995
Example of “roadblock” statute very clear, unambiguous prohibition
Revolutionary 1st piece of legislation anywhere to seriously protect
endangered species
A number of striking success stories bald eagle, American alligator, grey wolf
Three pronged approach:1. Bans import and sale of endangered species or products
2. Prohibits “taking” of any endangered species
Cannot kill or capture endangered species
Includes habitat modification and degradation
3. Prohibits federal agency programs and projects that harm endangered species
Endangered Species Act
Why protect species?Canaries in coal mineMoral / Ethical responsibility Potential resources
“They are keys to puzzles which we cannot yet solve, and may provide answers to questions we have not yet learned to ask.” - House Resolution
Considerable backlash against ESAInterferes with land development, no obvious human importance
Endangered Species Act
Tellico Dam CaseTennessee Valley Authority & business groups vs. citizens group including:
farmers archaeologists Cherokee Indians
Battle over construction of dam on Little Tennessee River
1960s-1980s
Tellico DamTVA argued dam would provide recreation, promote industrial development
Citizens groups: 300 farm families in valley, used by fishermen and canoeists, sacred to Cherokees
Found endangered fish: snail darter
Project stopped by ESA’s roadblock statute
Supreme Court halts construction, reaction led to creation of “God Squad”
Committee that can declare exceptions to ESA in favor of economics
Had hearings on Tellico Developed own plan for development, showed existing
plan for dam seriously flawed
Request for exemption unanimously declined “I hate to see the snail darter get the credit for stopping a
project that was ill-conceived and uneconomic in the first place.”
Tellico Dam
Tennessee Senator - slipped rider on appropriations bill
Done at last minute, bill never read aloud Made Tellico Dam Project exempt from ESA
Cherokees filed new lawsuit, was denied
Dam completed
No more snail darter in valley Later, other small populations found
No industrial, little economic development
Tellico Dam
New York Times
Interior Official and Federal BiologistsClash on Danger to BirdDecember 5, 2004The scientific opinions of a Bush administration appointee at the Interior Department with no background in wildlife biology were provided as part of the source material for the panel of Fish and Wildlife Service biologists and managers who recommended against giving the greater sage grouse protection under the endangered species act. The appointee, Julie MacDonald, a senior policymaker, criticized studies showing widespread loss of grouse territory and sporadic declines in grouse populations. The sage grouse, whose habitat overlaps areas of likely oil and gas deposits across states like Wyoming and Montana, would likely become an economic headache to the energy and cattle industries if it were listed. Ms. MacDonald's critique of sage grouse biology and the biologists who work for an agency she oversees showed flashes of her strong property-rights background and her deference to industry views.
No Endangered Status for Plains Bird
By JOHN M. BRODERPublished: March 5, 2010
WASHINGTON — The Interior Department said Friday that the greater sage grouse, a dweller of the high plains of the American West, was facing extinction but would not be designated an endangered species for now. As a compromise measure, the bird will be placed on the list of “candidate species” for future inclusion on the list and its status will be reviewed yearly.
Yet the decision in essence reverses a 2004 determination by the Bush administration that the sage grouse did not need protection, a decision that a federal court later ruled was tainted by political tampering with the Interior Department’s scientific conclusions.
No Endangered Status for Plains Bird
By JOHN M. BRODERPublished: March 5, 2010
A group of lawmakers from Western states had strongly urged to keep the sage grouse off the endangered species list, saying that the states had made significant progress in protecting its habitat. They said adding the bird to the list would hurt ranchers and energy producers who need access to sagebrush-covered lands that would be off limits under the listing.
“Today’s unnecessary federal designation is one more on a growing list of examples that ,” Representative Rob Bishop, Republican of Utah, said Friday.
Representative Jason Chaffetz, another Utah Republican, has been more pungent in his opinion. “The only good place for a sage grouse to be listed is on the menu of a French bistro,” he said recently. “It does not deserve federal protection, period.”
WASHINGTON (CNN) -- President Obama on Tuesday overturned a last-minute Bush administration regulation that many environmentalists claim weakened the Endangered Species Act.
The regulation, issued a few weeks before George W. Bush left office, made it easier for federal agencies to skip consultations with government scientists before launching projects that could affect endangered wildlife.
By overturning the regulation, Obama said during an enthusiastic reception at the Interior Department, he had restored "the scientific process to its rightful place at the heart of the Endangered Species Act, a process undermined by past administrations."
March 3, 2009
Obama overturns Bush endangered species rule
Congress, in a First, Removes an Animal From the Endangered Species ListApril 12, 2011
Congress for the first time is directly intervening in the Endangered Species List and removing an animal from it, establishing a precedent for political influence over the list that has outraged environmental groups.
A rider to the Congressional budget measure agreed to last weekend dictates that wolves in Montana and Idaho be taken off the endangered species list and managed instead by state wildlife agencies, which is in direct opposition to a federal judge’s recent decision forbidding the Interior Department to take such an action
Problems Today
Over fishing
Climate Change
Invasive Species
Biodiversity Loss
Fossil fuels use and energy
Persistent Organic Pollutants
World Population Growth
Learning From the Past
Most developed countries have engaged in crisis management.
EPA focuses almost exclusively on past and present problems
has ignored anticipated problems yet to arise
Defining the FutureWill we move from clean up and control to assessment, anticipation, and avoidance?
Much depends on public opinion
Environmental quality is largely a function of behavior of individuals.
Extent of environmental awareness important key Tree sitter Julia
"Butterfly" Hill
Defining the Future
Four aims for future environmental issues: Articulate role of technology Define roles of all participants Chart a course with strategic goals Education!!
Next 50 years, world will be: more crowded more connected more consuming
Should we make changes now?
Greening of Geopolitics
Environmental “Green” politics becoming more mainstream around world.
Ecological degradation in any nation is now understood almost inevitably to impinge on quality of life in others.
Most formidable obstacle may be entrenched economic and political interests of the world’s most advanced nations.
Where does the money go?
Where does the money go?
International Environmental Policy
Over 150 global environmental treaties negotiated since start of 20th century.
At least 500 bilateral agreements in effect dealing with cross-border environmental issues.
Successful Efforts 1961: Antarctic Treaty 1979: Convention on Long Range Trans-Boundary Air
Pollution 1987: Montreal Protocol 2004: Kyoyto Protocol?
International Environmental Policy
Remaining challenges to global environmental policy
Competing Interests Unable to address whole issues No international legislature with authority to
pass laws International court at the Hague in the
Netherlands has no power to enforce decisions
“Tragedy of the commons”
Individual Choice
Individuals matter
Be an informed consumer and voter
Reduce, reuse, recycle
Limit use of household hazardous waste
Proper disposal
Hybrid Electric Vehicles 45-70 mpg
SUV < 20 mpg
What can you do?Don’t transport exotic speciesLandscape with native plantsBuy products with minimal packagingAlter your diet – use local farmers’ marketsKnow the origin of productsBuy the most fuel-efficient vehicle for your needsDrive less -- Use public transportationBuy energy-efficient appliances
Conserve energy: turn off lights, use compact fluorescent bulbs, adjust your thermostat
Conserve water: Fix leaks, turn off water, run appliances only when full
http://www.sierraclub.org/
Take Action!
Sierra Club
World Wildlife Fund
National Resources Defense Councilhttp://www.nrdc.org/
The Nature Conservancy
Greenpeace
http://nature.org/
http://www.wwf.org/
http://www.greenpeaceusa.org/
Take Action!
http://www2.uiuc.edu/ro/earthdocs/Earth Doctors
Complete list of RSO http://www.iurso.uiuc.edu/
Champaign County Audubon Society www.web-makers.com/audubon
Prairie Rivers Network www.prairierivers.org
Red Bison
Students for Environmental Concerns
http://www2.uiuc.edu/ro/secs/
http://www.isenonline.org/Illinois Student Environmental Network
http://www2.uiuc.edu/ro/redbison/
Points to Know (1of 2)
1) What does it mean to have a governmental policy? What 3 approaches can the government use to regulate behavior?
2) What does the National Environmental Policy Act do? What is it’s major strength?
3) What is Kepone? Why did it lead to the Clean Water Act of 1977?
4) Why was/is the Endangered Species Act considered revolutionary and controversial?
5) What is the “God Squad,” how did they rule in the Tellico Dam case, and what was the final outcome?
Points to Know (2 of 2) 1. Why is international environmental policy important?
What are the remaining challenges to global environmental policy?
2. Why is individual behavior and education crucial to the environmental health of Earth?
3. What are the four aims for future environmental issues: