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Explore how the government balances intervention with free enterprise to address market failures and the tragedy of the commons. Learn about the democracy's process, from bill introduction to law enactment, and the role of special interest groups in influencing policies. Discover major US environmental laws and case studies, including the management of public lands and challenges in winning environmental lawsuits. Gain insights into the importance of environmental law in shaping environmental policies and the alternatives to court battles through arbitration and mediation.
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Politics, Environment, and Sustainability Chapter 24
Government Can Serve Environmental and Other Public Interests (1) • Balance between government intervention and free enterprise • Is the government the best mechanism to deal with • Full-cost pricing • Market failures • The tragedy of the commons
Democracy Does Not Always Allow for Quick Solutions (1) • Democracy • United States • Constitutional democracy • Three branches of government • Legislative • Executive • Judicial
n How a Bill Becomes a Law (if introduced in the House) Senate Referral to Standing Committee by leadership and parliamentarian House of Representatives • Committee Action • Possible referral to subcommittee • Alternatives similar to those of the House Introduction of Bill by Member We will assume this is an appropriations bill, so the Constitution specifies that it be introduced in the House. Calendar placement Referral to Standing Committee by leadership and parliamentarian Senate Floor Action Alternatives similar to those of the House include rejection, acceptance, or additional amendments • Committee Action • Possible referral to subcommittee • Hearings on major bills common • Committee decisions: • Table • Defeat • Accept and report • Amend and report • Rewrite Conference Committee If the Senate approves a bill that is not identical to the one passed in the House, a conference committee is requested. This committee consists of appointed members from both houses who compromise on a final version of the bill.This compromise version is then sent to each house for final approval. Back to the Senate Floor Bill is signed by Speaker and Vice-President. Calendar Placement Rules Committee (major bills) Hearings to decide whether bill will go to the floor earlier than calendar date. • President • Approve • Veto • Pocket veto • Permit bill to become law without his or her signature • House Floor Action • Reading, general debate • Second reading • Amendment(s) report to the House • Third reading • Passage or defeat Law
Democracy Does Not Always Allow for Quick Solutions (2) • Special-interest groups pressure the government • Profit-making organizations • Nongovernmental organizations (NGOs) • Politicians focus on problems with short-term effects, not long-term
How Democratic Government Works: The U.S. Model • Three branches • Legislative branch • Executive branch • Judicial branch • Develop and implement policy • Laws, regulation, and funding • Lobbying
Major Environmental Laws and Amended Versions Enacted in the U.S. Since 1969
Case Study: Managing Public Lands in the United States—Politics in Action (1) • 35% of the U.S., ¾ in Alaska • Federal public land • National Forest System • National Resource Land • National Wildlife Refuges • National Park System • National Wilderness Preservation System
Natural Capital: National Forest, National Parks, National Wildlife Refuges, U.S.
National parks and preserves National forests (and Xs) National wildlife refuges Fig. 24-5, p. 641
Science Focus: Logging in U.S. National Forests Is Controversial • U.S. national forests managed by • Principle of sustainable yield • Principles of multiple use • Recreation, hunting, and fishing in the forests makes money and jobs
Global Outlook: Children in Turin, Italy, Protesting High Levels of Air Pollution
Body of Law • Types of law • Statutory law • Administrative law • Common Law
Civil suits • Nuisance • Class action suit • Negligence
Environmental Law Forms the Basis for Environmental Policy (2) • Most environmental lawsuits are civil suits • Plaintiff • Defendant • Class action suit
Open Ditch Containing Acid Runoff from a Closed Coal Mine In W. Virginia, U.S.
Environmental Lawsuits Are Difficult to Win (1) • Has the plaintiff suffered health or financial problems? • Very expensive • Public interest law firms: usually can’t recover attorney’s fees • Have you been harmed and did the company cause the harm?
Environmental Lawsuits Are Difficult to Win (2) • Statutes of limitation • Appeals: years to settle • Strategic lawsuits against public participation (SLAPPs) • Major reforms are needed
SLAPPs • Strategic lawsuits against public participation • Frivolous lawsuits, brought by defendant, intended to intimidate or drain money from plaintiffs in a nuisance or negligence suit
Arbitration and Mediation Are Alternatives to Battling in Court • Arbitration • Can save time, money, and the uncertainly of a jury trial • Mediation • Can save money and time • May not be legally binding
Arbitration • Binding and nonbinding
Major Types of Environmental Laws in the United States (1) • Set standards for pollution levels • Screens new substances • Encourages resource conservation
Major Types of Environmental Laws in the United States (2) • Sets aside or protects certain species, resources, and ecosystems • Requires evaluation of the environmental impact of an activity proposed by a federal agency
Case Study: The Natural Resources Defense Council (1) • NRDC • Goes to court to stop environmentally harmful practices • Informs and organizes millions of environmental activists to take actions to protect the environment • Website, magazines, and newspapers
Science Focus: Greening American Campuses • Accomplishments of environmental audits by students at American colleges and universities • Specific examples • Morris A. Pierce: energy management plan • Oberlin College, OH: nation’s greenest college • Northland College, WI: “green” residence hall • Buying local and organic food • Yale University, CT • Santa Clara University, CA • Dartmouth, NH: bus fueled by waste cooking oil
Environmental Security Is as Important as Military and Economic Security • Military security • Economic security • All economies supported by the earth’s natural capital • Failing states: rooted in ecological crisis • Darfur, Sudan, Africa
We Can Develop Stronger International Environmental Policies (1) • United Nations: most influential • Family of global policy-making organizations • Other influential groups • E.g., the World Bank • NRDC and China • U.N. Conference of Environment and Development: Agenda 21
We Can Develop Stronger International Environmental Policies (2) • Montreal and Copenhagen Protocols • Yale and Columbia Universities, U.S. • Developed the Environmental Performance Index (EPI)