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27
Law, Government, and
Society
Chapter Outline
The Role of Government in Environmental Protection
Forms of Government
Government Policies and Sustainability
Political Decision Making: The Players and the Process
Government Officials
The Public
Special Interest Groups
Environmental Groups
Environment and Law: Creating a Sustainable Future
Evolution of U.S. Environmental Law
The National Environmental Policy Act
The Environmental Protection Agency
Principles of Environmental Law
Resolving Environmental Disputes Out of Court
Creating Governments That Foster Sustainability
Creating Governments with Vision
Ending Our Obsession with Growth
Global Government: Toward a Sustainable World Community
Regional and Global Alliances
Strengthening International Government
Key Terms
government democratic nations communist nations
tax credit laws public policy
theory of public choice political action committees ecotage
civil disobedience statutory law common law
plaintiff defendant balance principle
nuisance negligence concept of knowing
burden of proof mediation statute of limitations
crisis politics proactive laws Green Party
national security world government
Objectives
1. Compare the forms of government and their roles in environmental protection.
2. Discuss how democratic governments regulate activities such as environmental protection.
3. Summarize the roles that government officials, the public, special interest, and environmental groups play in environmental politics.
4. Outline the development of United States environmental law at the federal, state, and local levels.
5. Discuss the major legal principles that form the basis for environmental law.
6. List some recommendations for creating governments that foster sustainability.
7. Suggest some reasons that global government or global organizations can be useful in obtaining global sustainability.
Lecture Outline
The Role of Government in Environmental Protection
Forms of Government - In general, free market economies predominate in democratic nations, while command economies are found in nations with communist or socialist governments.
Government Policies and Sustainability
Governments regulate activities and protect the environment through taxes, expenditures, and regulations.
Taxes help regulate behavior and raise funds for government expenditures such as pollution-control project grants and procurements programs; in poor countries, such funds are scarce.
Regulations take the form of federal laws or agency-promulgated regulations that govern specific activities.
Political Decision Making: The Players and the Process
Government Officials
Government officials have the most power in communist nations, but often have final say on certain policies in any type of government.
The Public
Voters influence policy in democratic nations by selecting representatives and by communicating their priorities and concerns to those in office. Even communist governments are somewhat responsive to public sentiments and pressures.
Special Interest Groups
Special interest groups, such as automakers and environmental organizations, can exert leveraged and sometimes disproportionate influence on policymakers, through PAC's and lobbying.
Environmental groups also affect public policy through public displays, educational materials, awareness-raising activities, pollution monitoring, legal challenges, protests, and interventions.
Environmental Law: Creating a Sustainable Future
Evolution of U.S. Environmental Law
State and federal environmental laws gradually evolved from scattered local ordinances that limited activities of a few for the good of all.
Conflicts between neighboring municipalities necessitated pollution controls at the state level.
Because pollution crosses state lines, interstate conflicts arose; in response, environmental legislation was enacted at the federal level.
The federal government is best suited to regulate in situations requiring uniform standards and large expenditures.
National Environmental Policy Act
NEPA is a landmark piece of United States environmental legislation that introduced requirements for environmental impact statements and set a goal of minimum environmental impact for all federal projects.
Environmental Protection Agency
Founded in 1970, the EPA manages many of the major environmental laws written by Congress, conducts research, provides grants, and otherwise influences policy and action related to environmental issues.
Principles of Environmental Law
Statutory
Statutory laws state broad principles, for which EPA, or other agencies, set specific standards.
Common Law
Common law is a body of unwritten rules and principles derived from countless legal precedents.
Through common law, competing interests are weighed and, ideally, fairly protected.
Most common law cases are decided on the basis of two legal principles: nuisance and negligence.
Problems with Environmental Lawsuits
Burdens of proof, statutes of limitations, and out-of-court settlements have all presented legal problems to those trying to settle environmental lawsuits.
Resolving Environmental Disputes Out of Court
Mediation or dispute resolution is increasingly used to settle environmental disputes out of court; it is less costly, less time-consuming, and less adversarial.
Creating Governments That Foster Sustainability
Creating Government with Vision - Lack of consensus or agreement about goals and priorities sometimes prevents positive action; a stronger, more coherent vision is needed to overcome this obstacle.
Increasing Public Awareness Through Research and Education
By reducing empirical uncertainty, research can help establish goals for long-range planning.
Education can help galvanize the public in commitment to solving environmental problems.
Getting Beyond Crisis Management
Reacting to urgent, immediately pressing problems, rather than proacting to deal with important long-term problems, is characteristic of crisis politics.
Getting Beyond Limited Planning Horizons
The planning horizon of political decision makers is unduly shortened by budget periods, turns in office, and reelection concerns; most environmental protection measures require longer planning horizons and payback periods.
A sustainable society must redefine its primary goals in view of long-term considerations.
Becoming Proactive
Reactive governments primarily address urgent, immediate issues with proposals for remedial action.
Proactive government takes a long-term outlook and aims to prevent, rather than solve, problems.
Most governments mix reactive and proactive policies and approaches, but reaction predominates in modern political systems.
Ending Our Obsession with Growth
By replacing current legislation that emphasizes growth with policies promoting sustainability, Congress would be sending an important message to the American people and the world.
Reducing Exploitation and Promoting Self-Reliance
Sustainability Through Land-Use Planning
Poor or inadequate land-use planning puts land to unsustainable uses and can be ruinous.
Proper land-use planning manages resources for maximum sustainability and long-term productivity.
Zoning is the main tool of land-use planners; it can be used in conjunction with differential tax assessment laws and purchase of development rights to protect resources.
Models of Sustainable Development
The Greens are a political party actively pushing for a proactive, long-range approach to government; their goal is creation of a sustainable society.
Global Government: Toward a Sustainable World Community - A new and appropriate notion of national security will necessarily be based on protection of the environment from internal and external threats.
Regional and Global Alliances
The Climate Convention
Intended to slow the rate of global warming, 154 nations have signed this agreement to limit greenhouse gas emissions.
The Biodiversity Convention
Aimed at conservation and preservation of biological resources worldwide, then-President Bush refused to sign this agreement.
Agenda 21
Despite its weaknesses, this document is a testimonial to the success of the Earth Summit in achieving international cooperation towards sustainable development.
Forest Principles
The sovereignty of nations to exploit their forests overrode concern for global ecological health in drafting this set of principles.
Rio Declaration
This general statement of principles from the Earth Summit makes a number of recommendations for sustainability and begins to address the issues of international obligation and responsibility.
Strengthening International Government
Strengthening the United Nation's Role in Sustainable Development International cooperation and strengthened commitment are necessary to achieve this goal.
Creating a World Government
Though requiring an entirely new global perspective, this may be necessary to effectively address global environmental and social problems in the long term.
Suggestions for Presenting the Chapter
Ÿ Instructors should foster an awareness of the current environmental regulatory structure in the United States.
Ÿ A trip to a local industry and tour with the person in charge of environmental compliance is recommended. The impact of current regulations on the environment should be emphasized.
Ÿ Time should be spent looking at the global impacts of government laws and regulations. A discussion about the effectiveness of the United Nations, the Earth Summit, and a proposed world government are good topics.
Ÿ Have the students examine what environmental laws directly affect their lives or the operation of your educational institution. Does your institution have an environmental policy? Is your institution in compliance with current regulations? How does your institution handle compliance with environmental regulations?
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