ESNP TEST ONEIntroduction to PolicySustainable Development: development that meets the needs of the present  without compromising the ability of future  generations to meet their own needsFist generation of Environmental Policy- Late 1960s – 1970s - Protection of public health and natural resources - Strong Public and Government Support - Command and Control- Low hanging fruit (solving the easy problems)Second generation of Environmental Policy- 1980’s- More effective regulation b/c of corporation with the industry- Market incentivesThird Generation of Environmental Policy- Still evolving- Global Problems- Focus on sustainability- Problems are harder to recognize, more difficult to solve, and more costlyThe Role of Science- Policy judgment is made before the science certaino Parties use this for different ways- Certainty vs. Uncertainty- National Academy of Scienceo Non-partisan group called in, never the less value judgments come into playThe Role of Economics and the Economy- Must balance environmental protection and economic development- When in poor economic times other things become more important- Cost-Benefit Analysiso Sometimes ignore ecosystem services- Tragedy of the commonsThe Role of Ethics and Values- Anthropocentrico Human centeredo Dominationo Economic perspective- Ethnocentric and Biocentrismo Land ethnicso No matter the “value” it should be preservedo Still has some selfish, human oriented motives, ex: vacations Environmental Policy: government actions that affect or attempt to affect environmental quality or the use of natural resources- Identify and view something as a problem- Pursuer certain goals and objectives- Particular tools- Includes action and inactiono As much as what we do is as much as what we don’t doTypes of Policy- Regulatoryo Command/controlo Compel action- Market Basedo Quotaso Using the power of the market- Distributiveo Giving money, or providing access to public lands- Proactive- ReactiveInternational Environmental Policy- transboundry problems- Stockholm (1972)o UNEP created the United Nations Environmental Program- Rio Earth Summito Sustainable development- Johannesburg (200)- Smaller agreements over shared resources- Problems:o Vague agreementso Minimal enforcementso Only those who sign have to complyo No legal authorityo National sovereignty overweighs everything - Improvements:o Bottom up approaches have more successo NGO’sEnvironmental PolicyPolicy Formation in Theory1. Problem identified2. Further Researcha. Trends, projections, models3. Analysis of policy goals4. Consider the optionsa. Target populationsb. Most successful optionsPolicy Formation In Reality- Incomplete information- Completing views among stakeholders- Political pressuresActors in Policy- Many different stakeholders play a role- Varied levels of influences- Can be proactive and destructive- Task forces and commissions play important roleso Ex: National Commission on the BP Deepwater Horizon Oil  Spill and Offshore DrillingPolicy Implementation- Promulgation of regulation by executive brancho Defines the termo Translate law into policyo Address priorities that congress doesn’t addresso Provisions of resourceso Enforcement and monitoringLegislative BranchStatues= lawMost environmental laws are passed at the federal level because of boundary issuesThe leg branch can: hold oversight hearings, publicize reports, advise and consent on nominations, appropriate fundsThere can be a lot of Gridlock- Public opinion - Who is in control of White House/House/Senate- Bipartisanship - Committee leadershipNotable Congressional Actions- Regulatory Reformo assurance of fund first, lessened burden on small businesses- Data Quality Act- THEME: careful review to ensure less burdensome but have some delay VS. Acting quickly but with costsAppropriations: legislation on money- Rider: stipulations attached to an appropriation bill that achieves policy goalso Effective because appropriations bills must pass each year and  usually move quicklyo Can actually limit federal programs- Budgetso Can cut funding to programs to reduce effectivenessExecutive BranchRegulations (Rules)- legally binding and have the force of law- set standards- carries out the intent of the law- compel action- develop means to achieve the goal- can only act within the scope of the statueRule Making Process- Administrative Procedure Act (APA)- Determine that a rule is neededo Court ordero Congress- Assemble information- Provide “ notice and comment”- Evidence goes in to a docket- Sent to the Office of Management and Budget (OMB)- Can take yearsEnforcement and Compliance- Lack of resources for close monitoring- Split between the federal government and the state creates variation- Punishmentso Deterrence: jailo Cooperative: help them fix the violationThe EPA- Created by Nixon in a Executive Order- Implementing: o Clean Air Act o Clean Water Act o Safe Drinking Water Acto Resource Conservation and Recovery Act (RCRA) o Superfund (CERCLA)o Toxic Substances Control Act (TSCA)o Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)- Science Advisory Boardo Advises the EPA- Nation Academy of Science- Congress has the power through statutes to grant or  withhold discretion and power to EPAo Ex. Current efforts to limit EPA’s authority over GHG  emissionsThe Judicial BranchInterprets the constitutionAuthority is limited to actual cases on controversy. Need to have dispute and stake.How they influence?- Gatekeeperso Requirementso “ripeness”: is it ready to be heard by the courts- Interpret Laws and Regulationso When vague, ambiguous, or broado When a party believes that the regulation exceeds the law“Writ of Certiorari”- to be informed of- U.S. Circuit Courts of Appeal must hear appeals from the district courts- Supreme Court has decressionCourt Opinion serves as a precedentCourt Actions- Judicial Reviewo Challenges actions of federal agencies- Enforcement Actionso Can be brought by citizens against violators of environmental laws- Environmental Suito For better enforcement- Industry Sueo To get rid of laws they think are costly or burdensomeOhio Forestry Association vs. the Sierra Club- not “ripe”- hasn’t started