Environmental Decision- Making Business as Usual, Crisis- Response, and Prevention.

Environmental Decision-Environmental Decision-MakingMaking

Business as Usual, Crisis-Business as Usual, Crisis-Response, and PreventionResponse, and Prevention

I. How is environmental policy made?I. How is environmental policy made?

Must understand: level of policy, decision-Must understand: level of policy, decision-making process, issue characteristics, and making process, issue characteristics, and policy implementation.policy implementation.

A. Levels of Environmental PolicyA. Levels of Environmental PolicyLevelLevel InstitutionsInstitutions Policy examplePolicy example

NeighborhoodNeighborhood Homeowner’s Homeowner’s associationsassociations

Trash cleanupTrash cleanup

City/CountyCity/County Zoning/Planning Zoning/Planning boardsboards

Limit residential Limit residential developmentdevelopment

Local PolicyLocal Policy

Many environmental problems have local Many environmental problems have local cause and small radius of effectscause and small radius of effects

Long history of local community actions to Long history of local community actions to regulate members of the communityregulate members of the community– Traditional use of common property resourcesTraditional use of common property resources– Regulation of public nuisancesRegulation of public nuisances– Zoning lawsZoning laws

A. Levels of Environmental PolicyA. Levels of Environmental PolicyLevelLevel InstitutionsInstitutions Policy examplePolicy example

NeighborhoodNeighborhood Homeowner’s Homeowner’s associationsassociations

Trash cleanupTrash cleanup

City/CountyCity/County Zoning/Planning Zoning/Planning boardsboards

Limit residential Limit residential developmentdevelopment

StateState Commission on Commission on Environmental QualityEnvironmental Quality

Pollution permitsPollution permits

Multi-StateMulti-State Interstate CompactInterstate Compact Program to fight Program to fight acid rainacid rain

NationNation Congress, Congress, Environmental Environmental

Protection AgencyProtection Agency

Clean Air ActClean Air Act

National PolicyNational Policy

The main wave of (US) Federal environmental The main wave of (US) Federal environmental legislation starts around 1970 at a crest of the legislation starts around 1970 at a crest of the environmental movement (First Earth Day 1970)environmental movement (First Earth Day 1970)

The Big 4: The Big 4: – National Environmental Policy Act (NEPA) 1969National Environmental Policy Act (NEPA) 1969– Clean Air Act - 1970Clean Air Act - 1970– Clean Water Act - 1972Clean Water Act - 1972– Endangered Species Act - 1973Endangered Species Act - 1973

B. Patterns of Decision-MakingB. Patterns of Decision-Making

1.1. Business as usual: Interest Group Politics Business as usual: Interest Group Politics (see previous lecture)(see previous lecture)

2.2. Crisis Response: Crisis Response: a.a. ““Something must be done” – Driven by media Something must be done” – Driven by media

coverage (remember spin bias)coverage (remember spin bias)b.b. ““This is something” – Agenda-setters asked This is something” – Agenda-setters asked

for proposalsfor proposalsc.c. ““Therefore, this must be done” – Little debate, Therefore, this must be done” – Little debate,

easy and often unanimous passageeasy and often unanimous passage

3. Bureaucratic Regulation: 3. Bureaucratic Regulation: IncrementalismIncrementalism

a.a. Slow: EPA regulations typically require 12-18 Slow: EPA regulations typically require 12-18 months to become effectivemonths to become effective

b.b. Deliberate: Notice of Proposed Rulemaking Deliberate: Notice of Proposed Rulemaking (NPRM) Process(NPRM) Processi.i. EPA Inter-Office Work Group concurrence required for significant EPA Inter-Office Work Group concurrence required for significant

actions (agency is fragmented by issue area)actions (agency is fragmented by issue area)ii.ii. Inter-Agency agreement required for many rules (Agriculture, Inter-Agency agreement required for many rules (Agriculture,

State, Defense, etc)State, Defense, etc)iii.iii. Office of Management & Budget (OMB) review -- up to 90 days Office of Management & Budget (OMB) review -- up to 90 days

(added by Reagan Administration)(added by Reagan Administration)iv.iv. Public Comment period (30-60 days)Public Comment period (30-60 days)v.v. Process repeated for Final Rules (except Public Comment)Process repeated for Final Rules (except Public Comment)

C. Framing the ProblemC. Framing the Problem

1. Technological Problem1. Technological Problem– Identify the best technologies to reduce Identify the best technologies to reduce

environmental damage and mandate their useenvironmental damage and mandate their use– Style: Command and controlStyle: Command and control– Most common in 1970s and 1980sMost common in 1970s and 1980s

2. Behavioral Problem2. Behavioral Problem

Eliminate the incentives that cause people Eliminate the incentives that cause people to damage the environmentto damage the environment

Style: Market-based incentives (costs and Style: Market-based incentives (costs and benefits)benefits)

Most common in 1990s, 2000sMost common in 1990s, 2000s

3. Dominant Principles3. Dominant Principles

a.a. Polluter Pays: Initial wave of “toxic waste” Polluter Pays: Initial wave of “toxic waste” lawslaws

b.b. Pollution Prevention: Principle of CAA, Pollution Prevention: Principle of CAA, CWACWA

c.c. Sustainable Development: Try to Sustainable Development: Try to overcome growth-environment trade-offovercome growth-environment trade-off

d.d. Precautionary Principle: Act while action is Precautionary Principle: Act while action is still possible (analogous to pre-emptive still possible (analogous to pre-emptive strikes)strikes)

D. Policy ImplementationD. Policy Implementation

1.1. General constraint: resources allocated to General constraint: resources allocated to program funding and enforcementprogram funding and enforcement

Example: EPA gets more workers, no Example: EPA gets more workers, no more money more money cuts in program funding cuts in program funding

EPA Budget and WorkforceEPA Budget and Workforce

2. Implementation is Political2. Implementation is Political

a.a. Efforts to limit enforcement budget of EPAEfforts to limit enforcement budget of EPA

b.b. Repeated deadline extensionRepeated deadline extension

c.c. Arguments against “adversarial” Arguments against “adversarial” enforcement – support for partnerships enforcement – support for partnerships with communities and businesseswith communities and businesses

II. How does politics affect the II. How does politics affect the environment?environment?

A.A. Party Politics – Republicans and Party Politics – Republicans and Democrats have different bases of Democrats have different bases of support.support.

Party Platforms, 1976:Party Platforms, 1976:

DemocratsDemocrats RepublicansRepublicansEnvironmental protection Environmental protection needed for just society. needed for just society. Control pollution to Control pollution to improve health. Spread improve health. Spread economic impacts economic impacts uniformly across nation. uniformly across nation. Control strip mining.Control strip mining.

Clean air and land use Clean air and land use are state/local are state/local responsibilities. Minimize responsibilities. Minimize regulation of coal mining. regulation of coal mining. Increase use of nuclear Increase use of nuclear power.power.

Party Platforms, 1984:Party Platforms, 1984:

DemocratsDemocrats RepublicansRepublicansFully fund hazardous Fully fund hazardous waste cleanup. waste cleanup. Strengthen CAA, CWA. Strengthen CAA, CWA. Restore EPA budget. Restore EPA budget. Expand National Expand National Wilderness Preservation Wilderness Preservation System.System.

Environmental protection Environmental protection must be balanced by must be balanced by economic growth. More economic growth. More coal, oil, gas should be coal, oil, gas should be mined. Increase use of mined. Increase use of nuclear power.nuclear power.

Party Platforms, 1992:Party Platforms, 1992:

DemocratsDemocrats RepublicansRepublicans““No net loss” of wetlands. No net loss” of wetlands. Establish civilian youth Establish civilian youth conservation corps. conservation corps. Increase recycling, energy Increase recycling, energy efficiency standards. Trade efficiency standards. Trade agreements must protect agreements must protect environment. US must lead environment. US must lead world on global warming, world on global warming, ozone, biodiversity, ozone, biodiversity, population.population.

No restrictions on No restrictions on international trade. Protect international trade. Protect rights of farmers, ranchers, rights of farmers, ranchers, foresters. Use public foresters. Use public lands, including ANWR, for lands, including ANWR, for mining, oil, gas, lumber. mining, oil, gas, lumber. Private ownership and Private ownership and growth best protect growth best protect environment. Resist environment. Resist demands for global demands for global warming treaty.warming treaty.

Party Platforms, 2000:Party Platforms, 2000:

DemocratsDemocrats RepublicansRepublicansTrade agreements must Trade agreements must protect environment. protect environment. Support treaty on global Support treaty on global warming. Protect public warming. Protect public lands. Incentives for fuel lands. Incentives for fuel efficiency and clean efficiency and clean energy technologies.energy technologies.

Growth is key to Growth is key to environmental protection. environmental protection. Government must not be Government must not be adversarial but instead adversarial but instead use market-based use market-based incentives. Increase incentives. Increase power of state/local power of state/local governments. Allow governments. Allow logging, oil, gas, mining logging, oil, gas, mining on public lands, including on public lands, including ANWR.ANWR.

Party Party Politics?Politics?

NE

PA

, C

AA

CW

A

RC

RA

, T

SC

A

CA

A,

CW

A

CE

RC

LA

SA

RA

, E

PC

RA

CA

A

Senate

House

B. The Environment as a Campaign B. The Environment as a Campaign IssueIssue