ENVIRONMENTAL POLICY AND LAW

Class Assignment:

Environmental Policy & Law (Chapter 1: An Introduction to Environmental Law and Policy); The Environmental Case (Chapter 1: A Policymaking Framework)

Homework:

Read the assigned text chapter. Turn in this homework assignment by no later than 5 pm on Sunday August 23. You are responsible for becoming familiar with all of the legislation, concepts and definitions to be found in Chapter 1 from both texts and in the web information below. You will be examined on this information shortly. For this class session, your homework entails answering the following questions.

1. Answer all of the discussion questions at the end of Environmental Policy & Law Chapter 1. Cite and reference all answers in APA format.
2. Describe the role of policy entrepeneurs in "softening up" and "tipping."
3. Identify two critical features of U.S. environmental policymaking.
4. Pick one of the following examples of natural resource legislation, research the legislation and briefly explain how it has been amended and changed by Congress from its inception to the present.
5. Go to the courses TED and ICE case studies (see link above) and identify two cases illustrative of natural resource legislation and two cases illustrative of anti-pollution legislation and briefly describe each case and how each case is illustrative of either anti-pollution or natural resource legislation.
6. There are many reasons given as to why environmental policy is so controversial to include: the politicization of scientific findings; majoritarian politics with strong emotional appeal to client groups; the creation of loser groups by environmental policy decisions who disproportionately bear the burdens of policies without necessarily sharing in the benefits and blow-back from citizens who feel over-regulated. Do some web research and among these "reasons" identify the one that appears to be most widely held. (This will require online web research).
7. Under which Presidential administration was the Environmental Protection Agency (EPA) created? Under the U.S. Constitution explain what is meant by "federalism" and the "separation of powers." (This will require online web research).

Be prepared to be examined on the contents of chapter 1 for each text.

1. Endangered Species Act, 1973 - This act requires federal agencies to ensure that any action authorized, funded or carried out does not jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modifications of critical habitat.

2. Land and Water Conservation Fund Act, 1965 - This act establishes a fund, administered by the National Park Service, "to assist the States and federal agencies in meeting present and future outdoor recreation demands and needs of the American people." Three main sources supply the funds: sales of federal surplus real properties, a part of federal motorboat fuel taxes, and Outer Continental Shelf (OCS) revenues from leasing of oil and gas sites in coastal waters. The act stipulates that not less than 40% of every annual appropriation from the fund goes toward acquisition of recreation and conservation lands specifically authorized within areas administered by the National Park Service, U.S. Forest Service, U.S. Fish and Wildlife Service, and Bureau of Land Management. Additional funds are made available to the states for 50% matching grants. A site that has been acquired, developed, or rehabilitated with this grant money cannot be converted to non-recreational use except where approved by the National Park Service and replaced with lands of equal market and recreational value.

3. National Environmental Policy Act, 1969 - NEPA is the basic national charter for environmental protection. It requires a systematic analysis of major federal actions that includes a consideration of all reasonable alternatives as well as an analysis of short-term and long-term, irretrievable, irreversible, and unavoidable impacts.

4. National Trails System Act, 1968 - This act establishes a national system of recreational, scenic, and historic trails and prescribes the methods and standards for adding components to the system.

5. Outdoor Recreation Act, 1963 - This act lays out the Interior Department's role as coordinator of all federal agencies for programs affecting the conservation and development of recreation resources. The secretary of Interior is directed to prepare a nationwide recreation plan and provide technical assistance to states, local governments and private interests to promote the conservation and utilization of recreation resources.

6. Wild and Scenic Rivers Act, 1968 - This act establishes a system of areas distinct from the traditional park concept to ensure the protection of each river's unique environment; it also preserves certain selected rivers that possess outstanding scenic, recreational, geological, cultural, or historic values and maintains their free-flowing condition.

7. Wilderness Act, 1964 - The Wilderness Act establishes the National Wilderness Preservation System. In this act, wilderness is defined by its lack of noticeable human modification or presence; it is a place where the landscape is affected primarily by the forces of nature and where humans are visitors who do not remain. Wilderness Areas are designated by Congress and are composed of existing federal lands that have retained a wilderness character and meet the criteria found in the act. Federal officials are required to manage Wilderness Areas in a manner conducive to retention of their wilderness character and must consider the effect upon wilderness attributes from management activities on adjacent lands.

1. Clean Water Act (Federal Water Pollution Control Act of 1972 as amended) - This act sets objectives for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters. Also, the act regulates discharge of pollutants and requires federal agencies to avoid adverse impacts from modification or destruction of navigable streams and associated tributaries, wetlands, or other waters.

2. Clean Air Act, 1970 - This act establishes a nationwide program for the prevention and control of air pollution and establishes National Ambient Air Quality Standards. Under the Prevention of Significant Deterioration provisions, the act requires federal officials responsible for the management of Class I Areas (national parks and wilderness areas) to protect the air quality related values of each area and to consult with permitting authorities regarding possible adverse impacts from new or modified emitting facilities.

3. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), (1980) -  CERCLA, commonly known as Superfund, was enacted by Congress on December 11, 1980. This law created a tax on the chemical and petroleum industries and provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. 

4. Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), (1996) - The primary focus of FIFRA was to provide federal control of pesticide distribution, sale, and use. EPA was given authority under FIFRA not only to study the consequences of pesticide usage but also to require users (farmers, utility companies, and others) to register when purchasing pesticides. Through later amendments to the law, users also must take exams for certification as applicators of pesticides. All pesticides used in the U.S. must be registered (licensed) by EPA. Registration assures that pesticides will be properly labeled and that if in accordance with specifications, will not cause unreasonable harm to the environment.

5. Food Quality Protection Act (FQPA) of 1996 - The Food Quality Protection Act (FQPA) of 1996 amended the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food Drug, and Cosmetic Act (FFDCA). These amendments fundamentally changed the way EPA regulates pesticides. The requirements included a new safety standard-reasonable certainty of no harm-that must be applied to all pesticides used on foods. This web site provides background information on FQPA's provisions and discusses some of the specific issues raised by FQPA, as well as status of implementation of this important law.

6. Pollution Prevention Act of 1990 (PPA) -  The Pollution Prevention Act focused industry, government, and public attention on reducing the amount of pollution through cost-effective changes in production, operation, and raw materials use. Opportunities for source reduction are often not realized because of existing regulations, and the industrial resources required for compliance, focus on treatment and disposal. Source reduction is fundamentally different and more desirable than waste management or pollution control. Pollution prevention also includes other practices that increase efficiency in the use of energy, water, or other natural resources, and protect our resource base through conservation. Practices include recycling, source reduction, and sustainable agriculture.

7. Toxic Substances Control Act (TSCA) of 1976 - The Toxic Substances Control Act (TSCA) of 1976 was enacted by Congress to give EPA the ability to track the 75,000 industrial chemicals currently produced or imported into the United States. EPA repeatedly screens these chemicals and can require reporting or testing of those that may pose an environmental or human-health hazard. EPA can ban the manufacture and import of those chemicals that pose an unreasonable risk. Also, EPA has mechanisms in place to track the thousands of new chemicals that industry develops each year with either unknown or dangerous characteristics. EPA then can control these chemicals as necessary to protect human health and the environment.