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PLSC 392 weeks 3-6

TermDefinition
public opinion and environmentalism felt broadly but not deeply, not decisive factors in elections, partisan preferences towards environment
relationship between science and environmental policy science plays a crucial role in politics, policymakers required to formulate judgments, scientific findings have significant implications, minor disagreements among scientists exploited, demands and expectations hard to meet, different public priorities
when science is sacrificed to politics downplaying, obfuscating/hiding, cherry picking, questioning scientific consensus and spreading confusion, disseminating unscientific facts
key domestic political institutions legislative, executive, judicial
functions of three branches of government Congress makes laws, Executive carries out laws, Courts interpret laws and adjudicate disputes
Legislative Branch House of Representatives- 435 seats, based on population Senate- 100 seats, 2 per state
Judicial Branch US Supreme Court, US Appeals Courts (Federal Circuits), Federal District Courts
Executive Branch headed by president, executive office of president, executive branch departments, federal agencies
US Supreme Court 9 justices, serve for life, six Republicans, three Democrats
US Court of Appeals 13 circuits, 179 appellate judges
US District Courts 94 judicial districts, 673 federal district court judges
Executive Office of President includes Office of Management and Budget, Office of Information and Regulatory Affairs, Council on Environmental Quality, Office of Science and Technology Policy, Office of White House Counsel
Presidential Cabinet 15 executive departments, each headed by secretary
Special Interest Groups Business SIGs and lobbyists who work for them, environmental movement and environmental SIGs
American Public views about environmental movement and environmental SIGs
scientists role of scientists in environmental policymaking, misuse of science for political purposes
IGOs- Intergovernmental organizations made up of member states who join voluntarily to cooperate on an issue, national governments
most important environmental IGOs UNEP (United Nations Environmental Programme) Global Environmental Facility (GEF) IPCC (Intergovernmental Panel on Climate Change) treaty secretariats- help manage/administer environmental treaties
United Nations (UN) general assembly, security council, secretariat, economic and social council, international court of justice
sustainable development development that meets the needs of the present without compromising the ability of future generations to meet their own needs
key actors in global environmental politics IGOs, national and international businesses, epistemic communities, world leaders/celebrities/activists
key international law principles state sovereignty, state consent, pacta sunt servanda (pacts are to be honored)
four principal sources of international law international treaties and conventions, customary international law, general principles of law shared by nations, court decisions and precedents
MEAs Multilateral environmental agreements
COPs Conference of Parties
MOPs Meetings of Parties
Treaty secretariats made of a permanent staff that helps member states, administer/manage the relevant treaty
Tragedy of Commons humans tend to be selfish, short sighted solutions- privatization and socialism
greenhouse effect trapping of heat by greenhouse gases
greenhouse gases water vapor, CO2, CH4, N2O, fluorinated gases C/P/GWP
main sources of GHG burning of fossil fuels for transportation and energy production, agriculture, industry
countries which emit most CO2 China, United States, India
1997 Kyoto Protocol the best treaty, was not ratified by US
2009 Copenhagen Accord states "took note" but did not sign it, not a treaty
2015 Paris Climate Agreement voluntary pledge of emission reduction, all state agree they are responsible for mitigation, adaptation measures, financial and technological assistance
Paris Climate Agreement enforcement peer pressure and naming/shaming instead of direct enforcement through sanctions
Presidential powers in Constitution propose new legislation, sign bills into laws, propose federal budget, appointment powers, executive powers, pardons, commander in chief, addresses Congress
President executive toolkit executive orders, appoints top officials, rulemaking, funding and staffing, executive agreements, proclamations, bully pulpit, signing statements
legal hierarchy US Constitution, federal statutes, federal rules and regulations
informal rulemaking process new rule is drafted and proposed by a federal agency, commented on by public, comments are reviews and assessed, proposed rule is amended and reissued as final rule
advantages of regulation new rule does not require congressional cooperation or approval, rules take less time than statutes, president has greater control over rule making process
disadvantages of regulation future president can modify, roll back, repeal rules issued by predecessors
advantages of legislation broader and more substantial solution to problem, more long lasting effects and cannot be undone by next president, statutes can cause more extensive debate, congressional hearings are followed by media, educational benefit to public debate
disadvantages of legislation very difficult to get large enough number of Congress to cooperate, may take lots of concessions and compromises, presidential efforts to promote new statute end in failure
WOTUS war navigable waters definition- people who don't want restrictions want a narrow definition, people who want to protect environment want a broad definition
constitutional powers of congress regulate interstate and international commerce, necessary and proper clause, legislation, confirmation, ratification of treaties, oversight
how bill becomes a law introduced in committee, debated in committee, brought to floor, debated on floor, agreed and sent to other house, debated there, approve same bill, send to president
8 problems with congressional policymaking patchwork, reform, fragmentation, localism, election cycle, hyper responsiveness, micromanagement, polarization
patchwork issue inconsistent, contradictory, not a full scope solution
reform issue difficult to do comprehensively
fragmentation issue between house and senate committees and subcommittees
localism issue often trumps national issue
election cycle issue dictates priorities and pace of policymaking
hyper responsive issue only responds to high visibility issues, not most important issue
micromanagement issue regarding departments and agencies' agenda
polarization issue constant gridlock, repeated policy reversals and inconsistencies
Obama obstacles to passing climate related legislation no cooperation from GOP, wars in Afghanistan and Iraq, 2008 Recession, priority to pass ACA
us constitution trumps all other laws, supreme law of the land
federal statutes trumped by constitution, enacted by congress
federal rules and regulations issued by federal agencies and executive departments
five Ps prescriptive regulation, property rights, penalties, payments, persuasion
prescriptive regulation command and control, effective and easy to administer, inefficient and unwieldy
property rights privatization and market mechanism, free market environmentalism
penalties environmental taxes, difficult to get price right, unpopular
payments subsidies and incentives
persuasion info dissemination and education, reflexive laws
APA- Administrative Procedure Act executive departments must apply informal rule making process (notice and comment rule making)
changing or reversing an existing rule requires full explanation and justification, keeping an exhaustive record of decision making process, congressional review act
reversing executive order simple and quick, may cause uncertainty
administrative adjudication before an administrative law judge, decision quickly
five key functions of agencies regulatory, adjudicative, distributive, monitoring and enforcement, research and environmental education
regulatory function issuing and modifying regulations
adjudicative function resolving disputes
distributive function assigning grants
5 step journey from environmental issue to policy enforcement issue arises, congress debates/drafts/approves bill, signed into law, agency proposes detailed regulations that implement statute, agency monitors application of regulations
sources of power of federal bureaucracy delegation of authority, administrative discretion
administrative discretion constrained by constitution, congressional oversight, federal courts
agencies maintain influence by complex rules and regulations, bureaucratic maze, already busy executive and congress
sources of bureaucratic fragmentation complicated or confused division or responsibilities and overlapping mandates, federalizing of environmental regulation, competition and conflict among agencies for funds and authority
levels of competition in bureaucracy among federal agencies/departments/branches, between federal and state entities, backers and allies of agencies and departments
key functions and activities of environmental agencies regulatory, adjudicative, distributive, monitoring and enforcement, research and environmental education
problems and challenges for EPA inadequate funds, expanding responsibility, fuzzy priorities, complex science/politics/legal issues, opposition of GOP, legislative deadlock, micromanaging
current EPA head Michael Reagan
Department of Interior Fish and Wildlife Service Bureau of Land Management
Department of Defense US Army Corps of Engineers
Secretary of Interior Deb Haaland
Created by: gillwags
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