Untitled Deck Flashcards
(32 cards)
CERCLA
Comprehensive Environmental Response Compensation & Liability Act: Superfund portion is the most well known section of the act
Themes: Policy
Standing Rock
2017 Protests by indigenous community over the building of a pipeline
Themes: EJ
Just Sustainability
Essentially environmental justice:
RCRA
Resource Conservation and Recovery Act (1976)
Manage your waste from the cradle to grave
Themes: enviro reg
Hazard
Potentially dangerous event, activity or consequence
Taxes
Fee = Charge
Themes: Environmental Econ
ALEC
American Legislative Exchange Council - Group of the Merchants of Doubt working to tear apart local environmental legislation
Themes: State level politics
Principles
Key component of an international regime. Beliefs of fact, causation or rectitude
Themes: International Regime
UNEP
UN Environmental Programme (International Regime)
Themes: International Regime
Norms
Standards of behavior. Key to international regimes
Themes: International Regime
Flint
Environmental Justice Site in Michigan (government negligence led to polluted undrinkable water)
Aspiration Statute
Statute which is not necessarily possible at the moment - it’s aspirational .. think fishable swimmable with the Clean Water Act
Brownfield’s Program
Industrial waste / clean up sites. Less disastrous than superfund sites and essentially providing support in clean up efforts
How Courts Influence the Pace of Change
Force Policy Action
Mass v EPA
Delaying Policy Action
California vs US Bureau of Land management : California fails to delay a policy
Shaping Policy
Weyerhaeuser v US Fish and Wildlife
Asking about the ESA’s reach essentially
Constitutional Review
Rapanos v United States
CWA cover non navigable waters?
How Courts Shape Policies
Standing
Friends of the Earth vs Laidlaw Environmental Services
Who has the right to speak for a river (or for future generations?)
Friends of earth did have standing
Mass v EPA
State has an interest to defend all air and earth within its domain
Decide Which Cases are ready for review
Actual controversy must exist
Standard of Review (searching for legal error).. Amount of deference provided
Interpreting Laws
Rapanos v United States
Executive branch should engage in rule making for WOTUS
Sackett v EPA
Overturns deference
Supreme Court interpretation of CWA
Choice of Remedy
What is the punishment in a case?
Sustainable development
Meeting the needs of the present without compromising the ability of future generations to meet future needs (most relevant when discussing UN Sustainable Development Goals)
Vertical Federalism
Refers to the distribution of policy making authority between federal and state levels.
Risk Adverse v. Risk Prone Policies
Risk Prone are innocent until proven guilty and Risk adverse policy are guilty until proven innocent
Examples: Risk Prone FIFRA amendment, TSCA
Risk Averse Original FIFRA and Luttenberg
Communication between science and policy
Identify your audience - why do they need this information
Involve stakeholders in the process
What information is CRUCIAL to know
Communications need to be part of the design
International Regime
A system of principles, norms, rules, operating procedures ands institutions. International regimes can clarify international goals in an issue area, augment collaboration and facilitate state interactions.
Examples of international regimes: Nuclear non proliferation regime, endangered species regime
Systemic Regime Obstacles
(¼) Obstacles within a system - ecological and political systems obstacles
Example of a systemic obstacle: —-
Procedural Regime Obstacles
(2/4) Obstacles due to procedure
Examples: States having veto power, having to appease the lowest common denominator, time lags between development of a plan and implementation of said plan
Absence of Necessary Conditions (Regime Obstacles)
(¾) 1. Government concern
2. Hospitable contractual environment (trust that there will be no free ridership and cheating)
3. Scientific, Political, Administrative Capacity (Are your people starving?)
(4/4) Regime Obstacles Characteristic of Environmental Issues
Scientific uncertainty
Linked economic and political interests
Unequal adjustment processes
Time horizons
Non linear patterns of change