enviro policy washu

areas of environmental quality
air, water, hazardous waste, natural resources
clean air act
mandates EPA promulgates air quality standards for each air pollutant
montreal protocol
treaty designed to protect ozone layer
phased out substances believed to deplete ozone layer like methane
clean water act
the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that surface waters would meet standards necessary for human sports and recreation by 1983.
safe drinking water act
(EPA) is required to set standards for drinking water quality and oversee all states, localities, and water suppliers who implement these standards.
Superfund/CERCLA (Comprehensive environmental response, compensation, and liability act)
established due to love canal
designed to target worst areas of hazardous/chemical waste, create “national priorities list”
point: get sites cleaned up with multi-billion dollar fund–>clean it up, deal w/ environmental problems, go after people responsible for causing the mess “pursue responsible parties”
yucca mountain
designated spent nuclear fuel depository
no one wanted waste in their backyard [NIMBY]
endangered species act
protect critically imperiled species from extinction as a “consequence of economic growth and development untempered by adequate concern and conservation.”
some discretion on listing, NO discretion on enforcement
based on science not economics
magnuson stevens act
creates regional fisheries management councils
national marine fishery is in charge of what?
ocean, fish, and wildlife services
course theme: institutions matter
institution: rules/enforcement/sanctioning system
asks: what is feasible to be done in environmental issues
course theme: separation of powers matters
each branch has a check on the other
president v. congress v. courts v. bureaucracy
bureaucracy can be overruled by any other branch
presidential executive orders: direct executive branch to do what he wants them to
congress can pass laws, allocate money, ratify treaties
courts interprets laws and see them get carried out as fit
bureaucracy: implements/creates policy, gives them control/discretion on what exactly to do
international v. federal v. state v. local governments… -_____-
course theme: energy v. environment v. economy
course theme: unintended consequences
preserving one area often harms another
tragedy of the commons
take away point–>two options to solve the tragedy
1) privatize:bear the cost of externalities
2) government coercion: disinterested actor determines
we live in a world of finite scarce resources, population keeps growing, we need a mutually agreed upon mandate to keep everything in check
fixed supply of goods means population size determines per capita wealth
demonstrates problems w/ coordination
John Kingdon
Evidence of problems, available policies to deal w/ them, political climate/willingness to act for things to go down
policy cycle
Policy formulation [designing policy goals/strategies], policy legitimation [mobilizing political support by law or other means], policy implementation [putting the programs in effect], policy evaluation [measuring results in relation to goals/cost], and policy change [modifying goals/means]
constantly changing
agenda setting
things get on the agenda by policy shocks, public opinion, and policy entrepreneurs
key to policy change
preferences of key actors and institutions in place constrain policy outcomes
key actors: strict majoritarian body v. institutionalized body
conditions to expect policy change
1. homogeneity of preferences and high “issue saliency” [prominence]
you can have low local salience and high national salience –>specialized, targeted policy change
establishment of yellowstone and yosemite sparked…
development of park and forest services
antiquities act of 1906
President of the United States authority to, by executive order, restrict the use of particular public land owned by the federal government
put in place b/c of native american artifacts
new deal programs
civilian conservation corps: it provided unskilled manual labor jobs related to the conservation and development of natural resources in rural lands owned by federal, state and local governments
works progress administration: employing millions of unskilled workers to carry out public works projects
silent spring by rachel carson
helped spark environmental movement of the 1960s
population bomb
Paul Ehrlich
argues population growth is increasing and shit is about to hit the fan…very negative
julian simon and free market environmentalism
argues that the free market, property rights, and tort law provide the best tools to preserve the health and sustainability of the environment
significance of photos of earth from space
people realized the earth was finite and had finite resources
first earth day
1970 [year/decade of environmentalism]
sponsored by senator gaylord nelson
decentralized, attempted to put environmentalism on the gaenda
national environmental protection act
nixon declares environmental decade
requires federal agencies to integrate environmental values into their decision making processes by considering environmental impacts of their proposed actions and reasonable alternatives to those actions
environmental impact statements
identify environmetnal impacts, identify adverse impacts that are straight up unavoidable, identify reasonable alternatives to the proposal, hvae a notice/comment period where EVERY comment is addressed, implementation…and more often than not, lawsuits
council on environmental quality
coordinates federal environmental efforts in the United States and works closely with agencies and other White House offices in the development of environmental and energy policies and initiatives.
economic efficiency
maximize total benefits relative to total cost
use the last-cost solution, give constriants
use market principles to correct market failures
pigouvian taxes
employ a tax equal to cost of externalities
equal to external loss [ex: damage from pollution], tax becomes incentive to reduce pollution
coase theorem v. stigler’s coase theorem
in a transactions-cost-free world, mutual exchange will provide efficient externalities
in a high-transactions-cost world, economic efficiency depends on legal framework and assignment of liability: expect other people to pay you if you don’t think the job will get done/diffusion of responsiblity
presidential powers
setting the agenda
controlling executive branch [executive orders]
appointments [judiciary]
EOP v. executive agencies
bargaining w/ congress: veto, VP in senate
congressional powers
power of the purse
advice and consent [Senate]
oversight of executive agencies
growth of congressional bureaucracy
5 pathways of judicial policymaking
determination of standing
determination of ripeness
standard of review
interpretation of statutes
determination of remedy
[judiciary] determination of standing
must demonstrate injury in fact: concrete, actual/imminent invasion of legally protected interest
[judiciary] determination fo ripeness
some form of harm must have occurred
standard of review [judiciary]
how judiciary goes about the case, discretion, etc.
apply old cases/precedents etc.
standard of review
how judiciary goes about the case, discretion, etc.
apply old cases/precedents etc.
[judiciary] interpretation of statutes
how judiciary interprets actual acts of congress
did congress give deference to agencies etc./what was their intent?
Chevron v. NRDC impact
wide discretion for agencies when statute is not explicit
principal agent problem
how does a principal [boss] ensure an agent [subordinate] acts in principal’s interests?
problems: information asymmetries, divergent policy goals
EPA policy tools
legislative mandate vs. discretion
1990 clean air act amendments
100+ specific HAPS identified by congress, included mercury
regulate sources toward max. reduction in emissions which can be achieved by application of best technology
command and control, NOT market-based policy
2000 mercury rule –> coal and oil utilities produce mercury and therefore need a command and control regulation to enforce it
administrative procedures act
legal predecessor of NEPA, environmental law
processes for non-legislative rules making
establishes procedures for judicial review/citizen input
w/ informational asymmetries, bureaucrats could engage in: hold up [economic problem where you get so specialized you are relied upon], corruption, iron triangle, oligarchy of bureaucratic preferences overrule societal/democratic preferences
basically: rule proposed, piublic comment, response to comment, final rule published…lawsuits
political implications: agencies near cost of info gatheirng, agencies can’t conspire against politicians, once info is public politicians can overturn/rewrite decision
gauge of public salience
iron triangle
congressional committee oversees an industry that regulates an agency…one big triangle
prisoner’s dilemma
examines incentives and self interest
command and control regulation
specify exactly what has to be done as opposed to creating incentives, etc.
the more heterogeneous a group…
less likely small beneficiaries will bear costs of provision b/c nature of good is such that large beneficiaries will provide enough to cover their share
more likely one/few individuals will benefit enough to cover all the cost
sub-optimal provision of collective goods even in small groups
cooptation hypothesis
decentralizing control over water management increases likelihood that divergent political interests will “capture regulatory processes at a local level”
conservative areas will have less compliance/enforcement than liberal areas
transformation hypothesis
allowing local stakeholders to inform policy choice increases political legitimacy
strategic preferences for compliance and enforcement increase
love canal
chemical company dumped crap into a canal, got onto the national agenda [this was in the 70s], all over the news, razed awareness for hazardous waste and foreshadowed superfund program
Ostrom principles for successful CPR institutions
clearly defined boundaries
congruence between appropriation, provision rules and local conditions
collective-choice arrangements
graduated sanctions
conflict-resolution mechanisms
minimal recognition of rights to organize
nested enterprises [for CPRs part of a larger system]
kyoto protocol
1992: rio earth summit, create blueprint for environmental agreements
1997: senate passes 95-0 pre-kyoto but clinton signs it anyway
bush removes it, senate didn’t ratify [now enforced but not in US]
2003: kyoto in effect but not really enforceable
international environmental treaty with the goal of achieving the “stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system.”
Median voter theorem
preference of median individual will be enacted
American Clean Energy & Security Act
would have given EPA right to regulate carbon emissions
cap and trade system not favored by republicans who think its a way to tax inner US and make money
traditional view: congress and bureaucracy
committees as source of specialized info, reduces info asymmetries
oversight: hearings, investigations, budgets
traditional view: president and bureaucracy
appointments ensure policy continuity
executive orders: pres can agree to/veto a rule or implement one
traditional view: administrative procedures
ensures fairness, legitimacy
Lucas v. SC Coastal council
defined “taking” as reducing economic use value to 0
race to the bottom
justification for federal control of policymaking
if true: FDI would be high in countries with low enviro standards and low pollution regulation states would have higher investment and new business
policy competition between many government units
compete for residents and revenues [tax/business] –> innovation, create services to attract
methods of state policy innovation
agency reorganization: new program development
constitutional amendments/ballot initiatives
policy networks
ecosystems transcend political boundaries
vertical boundaries: federal, state, country, city
horizontal: city, city, port district, etc.
emerges when:
beenfits > transaction costs, severe pollution problems, weak existing enforcement, available resources to confront costs
national estuary program
development of comprehensive conservation manamement plans that bring together reps of all levels