Environment

**Background Information:**
 * Environmental Policy**
 * Environmental policy was put in place to regulate environmental conditions in the United States
 * The 'environmental movement' in the United States started in the early 1960s (before then, protection of the environment was not a major issue in federal policy)
 * President Nixon, elected in 1969, pressed for environmental legislation


 * Legislative, Executive, and Judicial Policymaking Actions: **


 * **Environmental Protection Agency (EPA):**
 * Created in 1970
 * Administers all of the government's environmental legislation dealing with land, air, and water quality
 * the EPA is the largest federal independent regulatory agency
 * **Clean Air Act (CAA) of 1970:**
 * Arranged a series of policies to reduce air pollution
 * Makes the Department of Transportation responsible for reducing automobile emissions
 * Automobiles use cleaner fuels and less fuel because of this act
 * In 1990, Congress made amendments to the CAA
 * Greatly strengthened the control of cars, oil refineries, chemical plants, and coal fired utility plants
 * Congress allowed utility companies to buy and trade rights to pollute on the open market (although environmentalists think that this is a "license to pollute" the trading program has helped to decrease population rates)
 * **National Environmental Policy Act (1970):**
 * Established to promote and foster the general welfare, to create conditions under which man and nature can stay in harmony
 * **Water Pollution Control Act of 1972:**
 * Goal: to clean up the nation's rivers and lakes
 * Requires municipal, industrial, and other polluters to use pollution control technology and secure permits from the EPA
 * Federal laws only regulate 'point sources' (where pollutants can be dumped into the water), but doesn't regulate 'non-point sources' (where pollutants get into the water because of the runoff from roads, fertilized lawns, gas stations, etc.)
 * **Endangered Species Act of 1973:**
 * Created a protection program for endangered species within the United States Fish and Wildlife Service
 * This law requires the government to actively protect hundreds of species listed as endangered regardless of the economic effect on the surrouding region
 * During President Reagan's administration, the ESA was amended to allow exceptions in cases of overriding national or regional interest
 * **Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA):**
 * Informally called the Superfund
 * Created in 1980 to clean up hazardous waste sites
 * The money for the fund comes from taxing chemical products
 * Regulated that those people who polluted the land were responsible for paying to clean it up
 * Contains strict provisions for liability under which the government can hold single parties liable to clean up an entire site that received wastes from different sources
 * Has almost completely eliminated haphazard dumping of toxic waste
 * Also deals with the disposal of nuclear waste
 * **Recent Legislation:**
 * Increased fuel economy standards
 * Support for a treaty to reduce worldwide mercury emissions
 * American Recovery and Reinvestment Act
 * Includes more than $80 billion in clean energy investments that will jump-start our economy and build the clean energy jobs of tomorrow

> America.  
 * Interrelated Activity between the Executive, Legislative, and Judicial Branches: **
 * The three branches of the federal government have worked together over the years to execute environmental policymaking in
 * The Executive and Legislative branches work together to create new legislation while the Judicial branch makes sure that the executive and legislative branches have made constitutional laws
 * There have been many court cases dealing with environmental policy. Some of the main ones include:
 * //Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. // (1984)
 * The court set forth a test for determining whether to grant respect to the EPA’s interpretation of a statute:
 * if it is unambiguous
 * if the agency's statutory interpretation is reasonable
 * //Massachusetts v. Environmental Protection Agency// (2007)
 * Court decided that the EPA needed to regulate carbon dioxide and other greenhouse gases as pollutants under the Clean Air Act
 * //US v. Atlantic Research Corp.// (2006)
 * Can a party that could be responsible for the cost of cleaning up contaminated property under CERCLA bring an action against another party?
 * <span style="font-family: 'Arial','sans-serif'; font-size: 12pt; line-height: 115%;">Court ruled that section 107 of CERCLA allows potentially responsible parties to sue other potentially responsible parties for cost recovery
 * <span style="font-family: 'Arial','sans-serif'; font-size: 12pt; line-height: 115%;">//Rapanos v. US// (2006)
 * <span style="font-family: 'Arial','sans-serif'; font-size: 12pt; line-height: 115%;">Challenged the Clean Water Act
 * <span style="font-family: 'Arial','sans-serif'; font-size: 12pt; line-height: 115%;">First major environmental case heard by Chief Justice Roberts
 * <span style="font-family: 'Arial','sans-serif'; font-size: 12pt; line-height: 115%;">Court clarified that the ‘waters of the US’ include only those relatively permanent, standing, or continuously flowing bodies of water that form geographic features

<span style="font-family: 'Arial','sans-serif'; font-size: 12pt; line-height: 115%;">**Non-Governmental Groups:** <span style="font-family: Calibri; font-size: 12pt; line-height: 115%; mso-bidi-font-family: Calibri; msobidifontfamily: Calibri; msolist: Ignore;">- <span style="font-family: 'Arial','sans-serif'; font-size: 12pt; line-height: 115%;">Non-governmental groups have played a large part by influencing environmental legislation. <span style="font-family: Calibri; font-size: 12pt; line-height: 115%; mso-bidi-font-family: Calibri; msobidifontfamily: Calibri; msolist: Ignore;">- <span style="font-family: 'Arial','sans-serif'; font-size: 12pt; line-height: 115%;">They bring statistics and facts that can demonstrate why a specific environmental problem needs to be resolved or addressed. <span style="font-family: Calibri; font-size: 12pt; mso-bidi-font-family: Calibri; msobidifontfamily: Calibri; msolist: Ignore;">- <span style="font-family: 'Arial','sans-serif'; font-size: 12pt;">For example, the National Environmental Policy Act (NEPA) uses <span style="font-family: 'Courier New'; font-size: 12pt; mso-fareast-font-family: 'Courier New'; msofareastfontfamily: 'Courier New'; msolist: Ignore;">o <span style="font-family: 'Arial','sans-serif'; font-size: 12pt;">the Environmental impact assessment committee = determines whether NEPA should be reformed and how environmental assessments should be prepared <span style="font-family: 'Courier New'; font-size: 12pt; mso-fareast-font-family: 'Courier New'; msofareastfontfamily: 'Courier New'; msolist: Ignore;">o <span style="font-family: 'Arial','sans-serif'; font-size: 12pt;">the National association of environmental professionals = helps through being the primary source of unbiased information on environmental practices while also supporting environmental professions.

<span style="font-family: Calibri; font-size: 12pt; line-height: 115%; mso-bidi-font-family: Calibri; msobidifontfamily: Calibri; msolist: Ignore;">- <span style="font-family: 'Arial','sans-serif'; font-size: 12pt; line-height: 115%;">These groups also give the public information about the problems with the environment and ways to help prevent these problems. Others include: <span style="font-family: 'Courier New'; font-size: 12pt; mso-fareast-font-family: 'Courier New'; msofareastfontfamily: 'Courier New'; msolist: Ignore;">o <span style="font-family: 'Arial','sans-serif'; font-size: 12pt;">National Wildlife Federation <span style="font-family: 'Courier New'; font-size: 12pt; mso-fareast-font-family: 'Courier New'; msofareastfontfamily: 'Courier New'; msolist: Ignore;">o <span style="font-family: 'Arial','sans-serif'; font-size: 12pt;">Sierra Club <span style="font-family: 'Courier New'; font-size: 12pt; mso-fareast-font-family: 'Courier New'; msofareastfontfamily: 'Courier New'; msolist: Ignore;">o <span style="font-family: 'Arial','sans-serif'; font-size: 12pt;">Environmental Defense Fund <span style="font-family: 'Courier New'; font-size: 12pt; mso-fareast-font-family: 'Courier New'; msofareastfontfamily: 'Courier New'; msolist: Ignore;">o <span style="font-family: 'Arial','sans-serif'; font-size: 12pt;">Greenpeace USA <span style="font-family: 'Courier New'; font-size: 12pt; mso-fareast-font-family: 'Courier New'; msofareastfontfamily: 'Courier New'; msolist: Ignore;">o <span style="font-family: 'Arial','sans-serif'; font-size: 12pt;">Natural Resources Defense Council

<span style="font-family: 'Calibri','sans-serif'; font-size: 11pt; line-height: 115%; mso-ansi-language: EN-US; mso-bidi-font-family: 'Times New Roman'; mso-bidi-language: AR-SA; mso-fareast-font-family: Calibri; mso-fareast-language: EN-US;"><span style="font-family: 'Calibri','sans-serif'; font-size: 11pt; line-height: 115%; mso-ansi-language: EN-US; mso-bidi-font-family: 'Times New Roman'; mso-bidi-language: AR-SA; mso-fareast-font-family: Calibri; mso-fareast-language: EN-US; msoansilanguage: EN-US; msobidifontfamily: 'Times New Roman'; msobidilanguage: AR-SA; msofareastfontfamily: Calibri; msofareastlanguage: EN-US;">
 * <span style="color: black; font-family: Symbol; font-size: 10pt; line-height: 115%; mso-ansi-language: EN-US; mso-bidi-font-family: Arial; mso-bidi-language: AR-SA; mso-fareast-font-family: Calibri; mso-fareast-language: EN-US;">· <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 10pt; line-height: 115%; mso-ansi-language: EN-US; mso-bidi-language: AR-SA; mso-fareast-font-family: Calibri; mso-fareast-language: EN-US;">Political cartoon **




 * <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 12pt; mso-fareast-font-family: 'Times New Roman';">Impact of policymaking actions on the American public **

> <span style="font-family: Symbol; font-size: 10pt; mso-bidi-font-family: Symbol; mso-bidi-font-size: 12.0pt; mso-fareast-font-family: Symbol; msobidifontfamily: Symbol; msobidifontsize: 12.0pt; msofareastfontfamily: Symbol; msolist: Ignore;">· <span style="font-family: 'Arial','sans-serif'; font-size: 12pt; mso-fareast-font-family: 'Times New Roman';">The most widespread and visible impact on the public is the cars which they drive and the cost of fuel. Today’s cars have to meet special standards created by the Clean Air Act to reduce fuel emissions and pollution from cars. The Department of Transportation ensures that all new cars meet these standards. > <span style="font-family: Symbol; font-size: 10pt; mso-bidi-font-family: Symbol; mso-bidi-font-size: 12.0pt; mso-fareast-font-family: Symbol; msobidifontfamily: Symbol; msobidifontsize: 12.0pt; msofareastfontfamily: Symbol; msolist: Ignore;">· <span style="font-family: 'Arial','sans-serif'; font-size: 12pt; mso-fareast-font-family: 'Times New Roman';">The price of fuel is also determined in part by environmental policy. Policies that deal with drilling for oil in the United States affect the cost of gas. If a policy is passed that allows companies to drill for oil in places such as Alaska, then the price of fuel may go down because there is now a larger supply. However, if the policy states that companies can’t drill to protect the environment, then the United States will have to import oil from other countries which will drive up prices. > <span style="font-family: Symbol; font-size: 10pt; mso-bidi-font-family: Symbol; mso-bidi-font-size: 12.0pt; mso-fareast-font-family: Symbol; msobidifontfamily: Symbol; msobidifontsize: 12.0pt; msofareastfontfamily: Symbol; msolist: Ignore;">· <span style="font-family: 'Arial','sans-serif'; font-size: 12pt; mso-fareast-font-family: 'Times New Roman';">A less noticeable impact of environmental policies on the public is that these policies make people safer and healthier. The Clean Air Act has helped to reduce air pollution, which can cause health problems. The Water Pollution Control Act has made more water sources safer for drinking, fishing, and recreation. Also, the Comprehensive Environmental Response, Compensation, and Liability Act has also made the country a safer place by stopping the dumping of toxic waste, which can lead to health problems and death. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 12pt; mso-fareast-font-family: Calibri;">**Current status of policy decisions** Overall, the status of enviromental policies in the U.S. remain largely unchanged in recent years. However, listed below are a few recent important events related to enviromental policy. <span style="font-family: Symbol; font-size: 10pt; mso-bidi-font-family: Symbol; mso-bidi-font-size: 12.0pt; mso-fareast-font-family: Symbol; msobidifontfamily: Symbol; msobidifontsize: 12.0pt; msofareastfontfamily: Symbol; msolist: Ignore;">· <span style="font-family: 'Arial','sans-serif'; font-size: 12pt; mso-fareast-font-family: 'Times New Roman';">The United States has started to participate in a new international effort to protect the global environment with the Copenhagen summit to try to get countries around the world to agree to limit their impact on the environment and climate change through ways such as limiting pollution. <span style="font-family: Symbol; font-size: 10pt; mso-bidi-font-family: Symbol; mso-bidi-font-size: 12.0pt; mso-fareast-font-family: Symbol; msobidifontfamily: Symbol; msobidifontsize: 12.0pt; msofareastfontfamily: Symbol; msolist: Ignore;">· <span style="font-family: 'Arial','sans-serif'; font-size: 12pt; mso-fareast-font-family: 'Times New Roman';">Obama has changed the policy signed by Bush to move the country’s nuclear waste to site in Yucca Flats. The Nuclear waste will no longer be transported to this facility. The Obama administration has yet to come up with an alternative solution and for now nuclear waste is still being stored at more than a hundred various sites around the country. <span style="font-family: Symbol; font-size: 10pt; mso-bidi-font-family: Symbol; mso-bidi-font-size: 12.0pt; mso-fareast-font-family: Symbol; msobidifontfamily: Symbol; msobidifontsize: 12.0pt; msofareastfontfamily: Symbol; msolist: Ignore;">· <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 12pt; mso-fareast-font-family: Calibri;">Obama recently unveiled a plan to open large areas off the East Coast and the Gulf of Mexico to oil and natural gas drilling. The plan still makes Alaska off limits except for parts on the North Arctic coast. This plan includes the lifting of a twenty year ban on drilling off the Virginia Coast line. While this plan creates new sources of energy, it has a negative environmental impact. Drilling for oil in more places can destroy animal’s natural habitats and when the fuel is burned it will cause air pollution.
 * The public is impacted by environmental policymaking actions in many ways.

<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 12pt; line-height: 115%; mso-ansi-language: EN-US; mso-bidi-language: AR-SA; mso-fareast-font-family: Calibri; mso-fareast-language: EN-US;">Current environmental policy in the U.S. is actually quite effective. The impact which environmental policy has on cleaning up the air and water is quite remarkable. Since 1970, overall emission of air pollutants in the skies has declined by 48 percent, and that’s even with a 160 percent increase in economic growth. This means that the limiting of air pollution is even more effective than 48 percent because today, a larger economy is polluting the air less than the smaller economy did in 1970. Water has been greatly cleaned up as a result of environmental policy. In 1972 only one third of U.S. lakes and rivers were safe for drinking and fishing. Now, thanks to environmental policy, two thirds of our water resources are safe. An increased number of waterfowl also indicates that the environmental policy is working. In addition, environmental policy has also prevented the destruction of the environment through logging and other means. The U.S. is a world leader in wilderness preservation. The U.S. now has 378 national parks and 155 national forests which help to preserve the wilderness and the wildlife of the country. The U.S. also effectively protects species in danger of becoming extinct by actively protecting them regardless of the economic impact of the surrounding region. There is controversy over endangered species protection; however, it is clear that the laws do help protect the environment. Environmental policy has clearly been successful in stopping the dumping of toxic waste. The Superfund has virtually eliminated haphazard dumping of toxic waste. Although current environmental policy is largely successful, there is still always room for improvement. The U.S. needs to regulate the use fertilizer and other potential sources of “runoff” which can flow into lakes and rivers and pollute them. The U.S. also needs to recognize that the environment is worldwide and that it is all connected. We all share the same atmosphere and oceans. In other words, no matter how well pollution is regulated in the U.S., pollution from other countries can still have a negative effect on us. The U.S. has apparently recognized this problem and is working towards a solution. The Copanhagan summit was a good start but the U.S. needs to continue to head in this direction.
 * <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 12pt; line-height: 115%;">Analysis of current policy, including recommendations for change and/or improvement. **

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 * Sources:**