1. Lecture 4: Policy and Environmental Science

2. Policy Exercise Policy making activity- problem in your community.
As a group, decide how you would go about dealing with this issue.
How would you decide?
Who/What would you need to make your decisions?
How to implement/enforce your decisions?
Any other important considerations?

3. This lecture will help you understand:
Environmental policies
Major U.S. environmental laws
Approaches to environmental policy
The environmental policy process
Science and policy
International environmental policy

4. San Diego and Tijuana
The Tijuana River empties into the Pacific Ocean, carrying millions of gallons of untreated wastewater
San Diego’s waters receive storm water runoff
Beaches are off-limits to swimming
People are pressing policymakers to take action

5. Environmental policy
Policy = a formal set of general plans and principles to address problems and guide decision making
Public policy = made by governments
Laws, regulations, orders, incentives, and practices
Intended to advance societal welfare
Environmental policy = pertains to human interactions with the environment
Regulates resource use or reduces pollution
To promote human welfare and/or protect resources

6. Environmental policy and resource use
Science, ethics, and economics help formulate policy
Science = provides information and analysis
Ethics and economics = clarify how society can address problems
Government interacts with citizens, organizations, and the private sector

7. Policies prevent the tragedy of the commons
Capitalist markets are driven by short-term profit
Not long-term social or environmental stability
Little incentive to minimize impacts
Market failure justifies government intervention
Tragedy of the commons = commonly held resources will become overused and degraded
Best prevented by oversight and regulations
Traditional societies may safeguard against exploitation
Privatization works if property rights are clear
Does not work with air, water, etc.

8. Environmental policies prevent free riders
Break into groups:
Groups represent businesses
Each business is interested in maximizing profits, but customers are worried about your environmental record (waste is dumped into a lake that feeds into a major river)
What can you do as a business?

9. Environmental policies prevent free riders
Businesses: You decide together that it would be best to improve your environmental image, to improve customer satisfaction.
Work together to implement a plan to improve public image, but also maximize profit.
Profit is reduced by 10% (greater costs) for every 10% reduction in pollution
What does your company do?

10. Environmental policies prevent free riders
Free riders = reducing pollution tempts people to cheat
Avoid sacrifices made by others
They get a “free ride”
Private voluntary efforts are less effective than efforts mandated by public policies
All parties sacrifice equally

11. Policies address external costs
Environmental policies aim to promote fairness by dealing with external costs
External costs = harmful impacts of market transactions are borne by people not involved in the transaction
Externality!!!
Polluter pays principal = polluters cover costs of impacts
Environmental policy goals = to protect resources against the tragedy of the commons and to promote equity by eliminating free riders and addressing external costs

12. Many factors hinder environmental policy
Why are environmental laws challenged, ignored, and rejected by citizens and policymakers?
Environmental policy involves government regulations
Property owners and businesspeople think regulations are inconvenient and cause economic loss
Problems develop gradually and over the long term
Human behavior is geared toward short-term needs
Businesses opt for short-term economic gain
News media have short attention spans
Politicians act out of short-term interest

13. Framework of U.S. policy The U.S. has pioneered innovative policies
Role models and influence for other nations
Legislative branch = Congress creates statutory law
Executive branch = enacts or vetoes legislation
Laws are implemented and executed by agencies
Executive orders = specific legal instructions for government agencies
Judicial branch = interprets laws
Precedents = guides for later cases
Lawsuits are filed for and against protection

14. The “fourth branch” of government
Administrative agencies = the “fourth branch”
Established by the president or Congress
A source of policy through regulations
Monitor and enforce compliance
Regulations = specific rules or requirements to achieve objectives of broadly written statutory laws

15. The “fourth branch” of government

16. State and local governmental policies
States, counties, and municipalities also generate environmental policies
They can experiment with novel concepts
California, New York, and Massachusetts have strong environmental laws
Well-funded agencies
Citizens value protecting the environment
State laws cannot violate principles of the U.S. Constitution
If laws conflict, federal laws take precedence
State laws can be more, but not less, rigorous than federal laws.

17. State and local agency involvement
California state and local agencies help regulate the impact of the International Wastewater Treatment Plant

18. Federal policymakers influence states
Rarely, federal laws may force states to change
Federal policymakers can give financial incentives to encourage change (this works, if funds are adequate)
“Cooperative federalism” = an agency works with state agencies to achieve national standards
Despite pressure to weaken laws, federal control is vital to protect all citizens
One national effort is more efficient than 50 efforts
Transboundary disputes are minimized

19. Constitutional amendments
Fourteenth Amendment of the U.S. Constitution
Prohibits denying “equal protection of its laws”
The constitutional basis for environmental justice
Fifth Amendment = takings clause
Bans the literal taking of private property
Also bans regulatory taking, which deprives a property owner of economic uses of the property
There is a sensitive balance between private rights and the public good

20. Lucas v. South Carolina Coastal Council
In 1992 the Supreme Court ruled that a state law intending to prevent serious public harm violated the takings clause
Lucas, a land developer, was allowed to build homes on beachfront property
Although a state agency had prohibited construction on the property

21. Early U.S. environmental policy
From 1780s to the late 1800s, promoted settlement and extraction of resources
General Land Ordinances of 1785 and 1787
The federal government managed unsettled lands
Surveying and readying them for sale
Increased prosperity for citizens and railroad companies
Relieved crowding in Eastern cities
Displaced millions of Native Americans
People believed land was infinite and inexhaustible

22. Early U.S. environmental policy
Prior to Industrial Revolution, population and consumption of resources were at sustainable levels compared to what the Earth and Ecosystem Services could deal with.
Conservation and Environmental concern were not really relevant to the lives of these people.

23. Typical laws of the 1780s–late 1800s
Homestead Act (1862) = anyone could buy or settle on 160 acres of public land

24. Typical laws of the 1780s–late 1800s
General Mining Act (1878) = people could mine on public land for $5/acre with no government oversight

25. Typical laws of the 1780s–late 1800s
Timber Culture Act (1873) = 160 acres to anyone promising to plant trees on 25% of that land

26. The second wave of U.S. policy
Public perception and government policy shifted
Mitigated problems caused by westward expansion
Yellowstone National Park, the world’s first national park, opened in 1872
Also, national wildlife refuges, parks, and forests
Understood that the West’s resources were exhaustible
They required legal protection
Land management policies addressed soil conservation
The 1964 Wilderness Act preserves pristine land

27. The third wave of U.S. environmental policy
Mid-to late-20th century people were better off economically
But lived with dirtier air, dirtier water, and more waste and toxic chemicals
Increased awareness of environmental problems shifted public priorities and policies
Rachel Carson’s Silent Spring (1962) described the ecological and health effects of pesticides and chemicals

28. Modern U.S. environmental policy
The Cuyahoga River was so polluted that it caught fire in the 1950s and 1960s
The public demanded more environmental protection

29. Modern U.S. environmental policy
Most Americans support environmental protection
Millions of people celebrate Earth Day each April
Dennis Hayes started the first Earth Day

30. The National Environmental Policy Act (1970)
NEPA began the modern era of environmental policy
Created the Council on Environmental Quality
Requires an Environmental Impact Statement (EIS) for any federal action that might significantly impact the environment
It forces the government and businesses to evaluate the environmental impacts of a project
Its cost-benefit approach usually does not halt projects
It provides incentives to decrease damage
Citizens are granted input into the policy process

31. The EPA shifts environmental policy
President Nixon’s executive order created the Environmental Protection Agency (EPA)
Conducts and evaluates research
Monitors environmental quality
Sets and enforces standards for pollution levels
Assists states in meeting standards and goals
Educates the public
The EPA is a leading agency in developing solutions to pollution

32. Significant environmental laws
The public demanded a cleaner environment and supported tougher environmental legislation

33. Why did environmental policy change?
Several factors converged to allow major advances in environmental policy in the 1960s and 1970s
Wide evidence of environmental problems
People could visualize policies to deal with problems
The political climate was ripe, with a supportive public and leaders who were willing to act
Congress strengthened and elaborated laws in the 1980s
Amendments to the Clean Water and Clean Air Acts

34. Many reacted against regulation
By 1990, many felt that regulations were too strict
Attempts were made to weaken federal laws by Reagan, George W. Bush, and the Republican-controlled Congresses from 1994 to 2006
“The Death of Environmentalism” (1994) = the environmental movement had to be reinvented
It must appeal to core values with an inspiring vision
Show that these problems affect our quality of life
President Obama’s election and a Democratic majority in Congress brought optimism back to environmentalists

35. Current environmental policy
Other nations have increased attention to issues
The 1992 Earth Summit
The 2002 World Summit on Sustainable Development
This fourth wave of policy focuses on sustainability
Safeguarding ecosystems while raising living standards
Climate change dominates much discussion on environmental policy

36. Three major types of policy approaches

37. Conflicts can be addressed in court
Before legislation, lawsuits addressed U.S. policy issues
Tort law = deals with one entity harming another
Nuisance law = individuals suffering from pollution would seek redress through lawsuits
Courts make polluters stop through injunctions or fines
But justices were reluctant to hinder industry
In Boomer v. Atlantic Cement Company, the company had to pay people for damages but could still operate
The market decides between right and wrong
This is not a viable option to prevent pollution

38. Approaches to environmental policy
Command-and-control approach: a regulating agency sets rules or limits
Threatening punishment for violators
It brings cleaner air, water, safer workplaces, etc.
Government actions may be well-intentioned
But not well-informed
Interest groups—people seeking private gain— unduly influence politicians and work against public interests
Citizens may view policies as restrictions on freedom
Those policies will not remain in force

39. Green taxes discourage undesirable activities
Other approaches use innovation and efficiency to benefit the public
Aim to internalize external costs
Taxes discourage undesirable activities
Green taxes = tax environmentally harmful activities
Businesses reimburse the public for damage they cause
The more pollution, the higher the tax payment
Give companies financial incentives to reduce pollution with freedom to decide how to do so
But costs are passed on to consumers

40. Subsidies promote certain activities
Subsidy = a government giveaway of cash or resources to encourage a particular activity
Tax break = helps an entity by relieving its tax burden
They have been used to support unsustainable activities
Nations give $1.45 trillion/year in harmful subsidies
From 2002 to 2008, U.S. fossil fuel companies received $72 billion of taxpayer money, while renewable energy received only $29 billion

41. Environmentally harmful subsidies
The General Mining Act of 1872
Mining companies get $500 million–$1 billion in minerals from U.S. public lands each year
But they don’t pay a penny in royalties to taxpayers
The government has given away $250 billion in mineral resources
Mining activities have polluted 40% of Western watersheds
The U.S. Forest Service spends $35 million of taxpayer money/year building roads for logging companies
Companies sell the trees for profit

42. Harnessing market dynamics
Governments use financial incentives in direct and selective ways
Subsidies and green taxes
Financial incentives and market dynamics can also help in obtaining policy goals
Ecolabeling = sellers advertise that they use sustainable practices
Businesses win consumer confidence and outcompete less sustainably produced brands

43. Permit trading saves money
Permit trading = a government-created market in permits for an environmentally harmful activity
Businesses buy, sell, trade these permits
Cap-and-trade emissions trading system = the government sets pollution levels (“caps”) and issues permits
Polluters can buy, sell, and trade these permits
Pollution is reduced overall, but does increase around polluting plants
Companies have an economic incentive to reduce emissions

44. Cap-and-trade and air pollution
A cap-and-trade system in the U.S. mandates lower sulfur dioxide emissions
Emissions have decreased by 43%
Cuts were obtained cheaper and more efficiently than command-and-control regulation
With no effects on supply or economic growth
Benefits outweigh costs 40 to 1
Markets in carbon emissions are sprouting up

45. Market incentives work at the local level
Municipalities charge residents for waste disposal, according to the amount of waste generated
Cities tax disposal of costly items (tires, motor oil)
Some cities give rebates for buying water-efficient appliances
Power utilities give discounts to those buying efficient lightbulbs and appliances
Well-planned market incentives can reduce environmental impact while minimizing costs to industry
Easing concerns about government intrusion

46. Public-private partnerships
Public-private partnership = a for-profit entity does the work
A private entity acts as overseer
Public policy goals will be achieved in a timely, cost-effective manner
Private entities try to maximize efficiency
It is challenging to design workable partnerships while serving both private and public interests

47. Seven steps to making environmental policy
Creating environmental policy has several steps
Requires initiative, dedication, and the support of many people

48. Step 1: Identify a problem
This requires curiosity, observation, record keeping, and an awareness of our relationship with the environment.

49. Step 2: Pinpoint causes of the problem
Involves scientific research
Risk assessment = judging risks a problem poses to health or the environment

50. Step 3: Envision a solution
Risk management = developing strategies to minimize risk
Involves social or political action

51. Step 4: Get organized
Organizations are more effective than individuals
But a motivated, informed individual can also succeed

52. Step 5: Cultivate access and influence
Lobbying = spending time and money to influence a politician
Environmental advocates are not the most influential lobbyists

53. Who influences the policy process?
Political Action Committees (PACs) = raise money for political campaigns
Corporations and industries can not make direct campaign contributions
So they establish PACs to help candidates win
A 2010 Supreme Court decision allows corporations and unions to buy ads for or against candidates
The revolving door = movement of people between the private sector and government
Intimate knowledge of an issue or conflict of interest?

54. Step 6: Shepherd the solution into law
Prepare a bill, or draft law, containing solutions
Find members of the House and Senate to introduce the bill and shepherd it through committees
The bill may become law or die in various ways

55. Step 6: Shepherd the solution into law

56. Step 7: Implement, assess, and interpret policy
Following a law’s enactment
Administrative agencies implement regulations
Policymakers and others evaluate the policy’s successes or failures
The judicial branch interprets the law

57. Science plays a role, but can be politicized
Effective decisions are informed by scientific research
A nation’s strength depends on its commitment to science
Sometimes policymakers ignore science
They let political ideology determine policy
Government scientists have had their work censored, suppressed, or edited and their jobs threatened
Unqualified people were put into power
Most scientists greeted President Obama with relief
When taxpayer-funded research is suppressed or distorted for political ends, everyone loses

58. International Environmental Policy
Environmental problems are not restricted by national borders
Customary law = practices or customs held by most cultures
Conventional law = from conventions or treaties
Montreal Protocol = nations agreed to reduce ozone-depleting chemicals
Kyoto Protocol = reduces fossil fuel emissions causing climate change
Nations can also make progress through multilateral agreements, hard work, and diplomacy

59. Organizations shape international policy
International organizations influence nations through funding, peer pressure, and media attention
United Nations Environment Programme (UNEP)
Helps nations understand and solve environmental problems

60. The World Bank and European Union
The World Bank = one of the world’s largest funding sources for economic development
Dams, irrigation, infrastructure
Funds unsustainable, environmentally damaging projects
The European Union (EU) seeks to promote Europe’s unity, economic and social progress
Can sign binding treaties and enact regulations
Can also issue advisory directives
Sees environmental regulations as barriers to trade

61. The World Trade Organization (WTO)
Represents multinational corporations
Promotes free trade
Can impose penalties on nations that don’t comply with its directives
Interprets environmental laws as unfair barriers to trade
Brazil and Venezuela filed a complaint against U.S. regulations requiring cleaner-burning fuel
The WTO agreed with Brazil and Venezuela, despite threats to human health
Critics charge the WTO aggravates environmental problems

62. NGOs
Nongovernmental Organizations (NGOs) = entities that influence international policy
ENGOs (environmental NGOs) = groups advocating for environmental protection
Some do not get politically involved
Others try to shape policy through research, education, lobbying, or protest

63. International institutions weld influence
Globalization is making our world more interconnected
Societies and ecosystems are being changed at unprecedented rates
Trade and technology allow increased consumption
Consumptive nations exert incredible impacts
Multinational corporations operate outside the reach of national laws
They don’t have the incentive to conserve resources or act sustainably
Organizations and institutions that shape policy are vital

64. Conclusion Environmental policy is a problem-solving tool
It uses science, ethics, and economics
Conventional command-and-control approach uses legislation and regulations to make policy
It is the most common approach
Tort law is still influential
Market-based policies are being developed
Environmental issues span political boundaries
Requiring international cooperation

65. QUESTION: Review
_______ involves “laws and regulations that affect resource use.”
a) Tort law
b) Environmental policy
c) Market failure
d) Tragedy of the commons
Answer: b

66. QUESTION: Review
Which of the following is NOT a goal of environmental policy?
a) Protecting resources against the tragedy of the commons
b) Elimination of free riders
c) Externalizing internal costs
d) Promoting equity
Answer: c

67. QUESTION: Review
Why are environmental laws challenged, ignored, and rejected by citizens and policymakers?
a) Many think regulations cause economic loss.
b) Businesses opt for short-term economic gain.
c) Politicians act out of short-term interest.
d) All of these are reasons environmental laws are not well-liked by many people.
Answer: d

68. QUESTION: Review Under the General Mining Act (1878):
a) Economically expensive projects are proposed.
b) Anyone could buy or settle on 160 acres of public land.
c) People could mine on public land for $5/acre with no government oversight.
d) Anyone promising to plant trees on 25% of their land could get 160 acres.
Answer: c

69. QUESTION: Review
Which of the following is NOT a duty of the Environmental Protection Agency (EPA)?
a) Conducts and evaluates research
b) Monitors environmental quality
c) Sets and enforces standards for pollution levels
d) All of these are duties of the EPA
Answer: d

70. QUESTION: Review
Which of the following entities provides funding to build dams, irrigation facilities, and infrastructure?
a) NGOs
b) The EU
c) The World Bank
d) The WTO
Answer: c

71. QUESTION: Viewpoints
According to the Fifth Amendment, should a landowner be able to oppose an environmental restriction and build a hazardous waste dump in a residential neighborhood?
Yes, property owners should be allowed to do whatever they want with their land.
Yes, if the neighbors agree.
Yes, but only if the courts allow it.
No, private property development must be restricted if it affects other people’s property.
Answer: any

72. QUESTION: Viewpoints
Should the United States continue providing subsidies and tax breaks to private industries that negatively affect the environment?
Yes, the free market must not be interrupted.
Yes, but only if the negatively affected region is poor and has a high jobless rate.
No, companies should survive or fail on their own, without government help.
Answer: any

73. QUESTION: Interpreting Graphs and Data
What major conclusion can be drawn from this graph on emissions trading of sulfur dioxide?
a) Emissions have increased since 2000.
b) Emissions have decreased, but are above permitted levels.
c) The U.S. no longer emits sulfur dioxide.
d) Permitted levels have been lowered.
Answer: b