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Flashcards in Midterm Deck (48):

Clean Air Act

grants power to the EPA to establish national ambient air quality standards that protects public health and public welfare


Clean Air Act successes

- Lead in air decreased by 99% from
- Carbon monoxide down 62%
- S02 down 59% from coal
- smog less visible


Clean Air Act failures

- Ozone levels that aren't up to standards affecting 119 mil people
- Confusion over good ozone vs. bad ozone
- limitations to regulation


Yes, we should regulate greenhouse gases because....

- GHG poses a legitimate threat to humans
- Regulate point sources (tax/fines)


No, we should NOT regulate greenhouse gases because...

- very, very expensive
- poor/uncertain data due to scientific complexity
- major atmospheric delays
- placing blame?


The Clean Water Act

"the discharge of any pollutant by any person" to the waters of the US, unless discharger has a permit and complies with conditions


Clean Water Act Successes

- decreased hazardous chemicals in drinking water
- wildlife are protected
- better treated sewage systems
- Wetland loss down 90%


Clean Water Act Failures

- non-point
- Rivers and Lakes
- Flint!


Rinquist Reading Purpose

Explains that citizens prefer/favor stringent environmental policies but weak policies are being implemented compared to other countries of scale


Rinquist Reading Thesis

- Legislators' defection from campaign promises
- legislators in SMDs have less stringent environmental policies than in PR systems


Rinquist Reading Evidence

Created measures/scales to gauge political defection and created percentages representing these policy decisions


What dictates a legislators vote towards environmental legislation?

Democratic Party identification, more liberal position, and an environmental constituency


The Three "I's"

- Interests, institutions, ideas
- Environmental politics is how institutions of governance aggregate interests to translate ideas into policy


"Shrink Bears Ears" Article

- public lands shrinking was a top priority for Utah officials, like Orrin Hatch who pitched the anti-monument case as a "fight back against Washington overreach"


"National Monuments" Chapter

- Executive Pathways has taken on increasing importance as a policymaking path
- Ex: Antiquities Act


Executive's Legislative Powers

veto power, messages to Congress, special session, general influence


Executive's Judicial Powers

Appointing public officials (like judges), pardons


Executive's Executive Powers

Executive orders, national guard, protect security and economy in times of war, foreign affairs


Trump's 2017 Attack on the Environment

- 2 memos to reduce regulations, approve pipelines
- Rolling back the "Clean Water Rule"
- Exploring offshore energy prospects
- Reviewing Obama's orders to protect national lands



- Leave it as you found it
- John Muir
- Yosemite, national parks system



- Use it, but don't wipe it out
- Gifford Pinchot
- Bureau of Land Management areas, forest service


Antiquities Act of 1906

"nearly unfettered discretion" for the "protection of objects of historic and scientific interest"


Massachusetts v. Epa

- Mass. had to challenge a decision by the EPA not to regulate GHG emissions from new motor vehicles under CAA
- Narrowly, no more than a provision to the Clean Air Act. Broadly, the majority's "no-nonsense" acknowledgement of the science of climate change has put global warming on the legal map in no uncertain terms


Cap and Trade

Goal was to hold businesses to their emissions targets while providing them flexibility


Environmental Externality

- Something bad that is a part of a cost that you are not charged for
- Ex: gas prices don't account for the cost of emitting fumes into the air


Case Requirements

Injury, causation, redressability


CAA Amendments of 1990

- Included SO2 allowance trading program
- It worked because it focused on industry, didn't impact citizens, cheap scrubbers, "dirty coal" to "clean coal"
- Republicans worked to destroy something they created


Environmental Monitoring Article

- M & E activities generate substantial deterrence, as targeted facilities increase compliance and reduce emissions for several periods following regulator actions
- Improves compliance and encourages greater pollution reductions at plants that are already in compliance


The Administrative Branch

- Cabinet departments, agencies, and many sub-agencies
- Means by which the government administers public policy


Environmental Regulation

Limited set of tools aimed at solving separate problems that impact complex environmental issues


3 Steps to align regulatory policy with political objectives

1) Risk Assessment (human/ecological health)
2) Cost-Benefit Analysis (positive/negative consequences of a regulation
3) IS NOT the precautionary principle (protect the public from harm where there is plausible risk


Arsenic and the Safe Water Drinking Act (1974)

US did not implement standards as high as the rest of the world until early 2000s and even then it was not on par with other orgs like WHO


Agency Capture

groups being regulated are agency's clients and with an influence on agency, it becomes "captured"


Iron Triangle

Agency Congressional Committees Interest Groups


Deepwater Horizon

- Instance of Agency Capture that fit the mold of an iron triangle
- Collusion; regulators benefitting from not doing anything, but also tasked with pollution compliance


Specific Deterrence

Regulatory action to deter subsequent violations at specific locations


General Deterrence

Actions aimed at one facility generate spillover to the other locations


Police Patrols

- Type of congressional oversight tool
- policing executive branch programs and agencies to reduce "violations"


Fire Alarms

- Type of congressional oversight tool
- lets others raise the alarm; more indirect; like "public comment"; passes the cost to others


Electoral Demands

Congresspeople are single-minded seekers of reelection; credit-claiming and position-taking


Agency Organization

(Weber) Hierarchy, authority, uniform application of the law, norms as an organization which creates the rules, not the people


Street-Level Bureaucracy

Street-level discretion, going native encourages differential application of goals


Members of the Public's Implications

- Voice is through vote
- High political power has more voice
- Live in the same community as managers


Interest Group's Implications

organized group of individuals pursuing specific goals


Wildfire Policies in the US

- There has been industry capture of the US Forest Service for roughly 30 years
- Now, there is an issue network


Issue Network

A collection of people in and out of government who interact on a policy issue


Teddy Roosevelt and the "Burn"... Article (NPR)

1910 fire served to strengthen the fledgling US Forest Service and rally public opinion behind Roosevelt's plan to protect national lands


"Beyond Smoke and Mirrors" Dellasala et. al

Fire policy must be shaped by an emphasis on fundamental approaches to restoring or maintaining ecological integrity, a real understanding of the nature and extent of all the risks to both humans and wildlands, and a realization of the agencies' budgetary and personnel capabilities