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areas of environmental quality |
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air, water, hazardous waste, natural resources |
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mandates EPA promulgates air quality standards for each air pollutant |
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treaty designed to protect ozone layer phased out substances believed to deplete ozone layer like methane |
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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. |
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(EPA) is required to set standards for drinking water quality and oversee all states, localities, and water suppliers who implement these standards. |
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Superfund/CERCLA (Comprehensive environmental response, compensation, and liability act) |
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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" |
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designated spent nuclear fuel depository no one wanted waste in their backyard [NIMBY] |
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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 |
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creates regional fisheries management councils |
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national marine fishery is in charge of what? |
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ocean, fish, and wildlife services |
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course theme: institutions matter |
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institution: rules/enforcement/sanctioning system asks: what is feasible to be done in environmental issues |
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course theme: separation of powers matters |
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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... -_____- |
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course theme: energy v. environment v. economy |
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course theme: unintended consequences |
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preserving one area often harms another |
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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 |
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Evidence of problems, available policies to deal w/ them, political climate/willingness to act for things to go down |
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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 |
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things get on the agenda by policy shocks, public opinion, and policy entrepreneurs |
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preferences of key actors and institutions in place constrain policy outcomes key actors: strict majoritarian body v. institutionalized body |
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conditions to expect policy change |
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1. homogeneity of preferences and high "issue saliency" [prominence] you can have low local salience and high national salience -->specialized, targeted policy change |
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establishment of yellowstone and yosemite sparked... |
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development of park and forest services |
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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 |
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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 |
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silent spring by rachel carson |
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helped spark environmental movement of the 1960s |
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Paul Ehrlich argues population growth is increasing and shit is about to hit the fan...very negative |
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julian simon and free market environmentalism |
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argues that the free market, property rights, and tort law provide the best tools to preserve the health and sustainability of the environment |
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significance of photos of earth from space |
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people realized the earth was finite and had finite resources |
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1970 [year/decade of environmentalism] sponsored by senator gaylord nelson decentralized, attempted to put environmentalism on the gaenda |
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national environmental protection act |
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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 |
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environmental impact statements |
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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 |
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council on environmental quality |
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presidential 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. |
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maximize total benefits relative to total cost MR = MC |
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use the last-cost solution, give constriants use market principles to correct market failures |
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employ a tax equal to cost of externalities equal to external loss [ex: damage from pollution], tax becomes incentive to reduce pollution |
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coase theorem v. stigler's coase theorem |
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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 |
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setting the agenda controlling executive branch [executive orders] appointments [judiciary] EOP v. executive agencies bargaining w/ congress: veto, VP in senate |
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legislation power of the purse advice and consent [Senate] oversight of executive agencies growth of congressional bureaucracy |
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5 pathways of judicial policymaking |
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determination of standing determination of ripeness standard of review interpretation of statutes determination of remedy |
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[judiciary] determination of standing |
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must demonstrate injury in fact: concrete, actual/imminent invasion of legally protected interest |
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[judiciary] determination fo ripeness |
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some form of harm must have occurred |
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standard of review [judiciary] |
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how judiciary goes about the case, discretion, etc. apply old cases/precedents etc. |
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how judiciary goes about the case, discretion, etc. apply old cases/precedents etc. |
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[judiciary] interpretation of statutes |
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how judiciary interprets actual acts of congress did congress give deference to agencies etc./what was their intent? vagueness... |
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wide discretion for agencies when statute is not explicit |
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how does a principal [boss] ensure an agent [subordinate] acts in principal's interests? problems: information asymmetries, divergent policy goals |
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legislative mandate vs. discretion |
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1990 clean air act amendments |
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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 |
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administrative procedures act |
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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 |
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congressional committee oversees an industry that regulates an agency...one big triangle |
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examines incentives and self interest |
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command and control regulation |
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specify exactly what has to be done as opposed to creating incentives, etc. |
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the more heterogeneous a group... |
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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 |
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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 |
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transformation hypothesis |
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allowing local stakeholders to inform policy choice increases political legitimacy strategic preferences for compliance and enforcement increase |
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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 |
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Ostrom principles for successful CPR institutions |
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clearly defined boundaries congruence between appropriation, provision rules and local conditions collective-choice arrangements monitoring graduated sanctions conflict-resolution mechanisms minimal recognition of rights to organize nested enterprises [for CPRs part of a larger system] |
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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." |
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preference of median individual will be enacted |
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American Clean Energy & Security Act |
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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 |
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traditional view: congress and bureaucracy |
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committees as source of specialized info, reduces info asymmetries oversight: hearings, investigations, budgets |
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traditional view: president and bureaucracy |
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appointments ensure policy continuity executive orders: pres can agree to/veto a rule or implement one |
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traditional view: administrative procedures |
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ensures fairness, legitimacy |
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Lucas v. SC Coastal council |
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defined "taking" as reducing economic use value to 0 |
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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 |
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policy competition between many government units compete for residents and revenues [tax/business] --> innovation, create services to attract |
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methods of state policy innovation |
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agency reorganization: new program development constitutional amendments/ballot initiatives |
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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 |
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development of comprehensive conservation manamement plans that bring together reps of all levels |
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