Announcements – Dec. 1, 2006

Final exam, Monday, Dec. 11, 8am. (taking the final cannot hurt your grade)

New York Times

Interior Official and Federal BiologistsClash on Danger to BirdDecember 5, 2004The scientific opinions of a Bush administration appointee at the Interior Department with no background in wildlife biology were provided as part of the source material for the panel of Fish and Wildlife Service biologists and managers who recommended against giving the greater sage grouse protection under the endangered species act. The appointee, Julie MacDonald, a senior policymaker, criticized studies showing widespread loss of grouse territory and sporadic declines in grouse populations. The sage grouse, whose habitat overlaps areas of likely oil and gas deposits across states like Wyoming and Montana, would likely become an economic headache to the energy and cattle industries if it were listed. Ms. MacDonald's critique of sage grouse biology and the biologists who work for an agency she oversees showed flashes of her strong property-rights background and her deference to industry views.

Los Angeles TimesBattle lines drawn on protection of speciesJulie Cart and Kenneth R. Weiss, December 05, 2004

SAN DIEGO — Western governors gathered last week to plan with the Bush administration and Congress how to change the Endangered Species Act, the 31-year-old law they say has cost developers, loggers and ranchers too much money and hassle for the few animals brought back from the brink of extinction. "Just about everybody agrees the Endangered Species Act is broken," said Rep. Richard Pombo, R-Calif., a cattleman turned chairman of the House Resources Committee. "The only way you are going fix it is with legislative change."

Environmental Policy

Lecture Objectives:

1. What is the history of environmental policy in the U.S.?

2. What role did Kepone play in environmental policy?

3. What does the Endangered Species Act do?

Development of Policy

Policy - general principles by which the branches of government guide management of public affairs

Congress passes legislation in form of acts and statutes to guide or regulate behavior

Development of Policy Types of regulatory approaches:

Prevention: ban production/activity, limit output, technology requirement

Discourage: taxes on undesirable products, liability for products/services, public disclosure

Encourage: subsidies for alternatives, tradeable permits

http://thomas.loc.gov/

History of Environmental Policy

Prior to 1960’s, no set Environmental Policy in U.S. Federal agencies, industries, businesses,

and individuals did not have to consider the environmental impacts of their actions

Rachel Carson Published Silent Spring in 1962 Warned about the environmental

consequences of DDT use Considered to spark the beginning of the

modern environmental movement Public Awareness Governmental research on pollution

Problems of the 1960s

Air Pollution

Water Pollution

ChemicalsAgent Orange

National Environmental Policy Act (NEPA) 1969

Requires federal agencies to consider environmental

consequences of actions produces publicly reviewable document on this

analysis: Environmental Impact Statement (EIS)

Created Council on Environmental Quality

advises president, can issue regulations for federal agency compliance with NEPA

NEPA NEPA’s strength: EIS requirement Revolutionary “stop and think” strategy

prevents tunnel vision by agencies

Emulated by 25 states and 80 countries

20 million people marched to demand improved environmental quality

April 22th, 1970 – First Earth Day

Organized by Gaylord Nelson

Problems of the 1970s

Water Pollution

Air Pollution

Oil embargo – energy crisis (’73-’74) Environmental concerns faded when energy crisis

threatened the economy

Love Canal (1978)

Three Mile Island (1979)

Environmental Legislation in the 1970s:

Establishment of the Environmental Protection Agency

Clean Air Act

Endangered Species Act

Clean Water Act

Safe Drinking Water Act

Improvement in Air Quality4/5 primary air pollutants decreased since 1970Nitrogen oxides per vehicle down, but overall emissions increased due to larger number of carsLead emissions way down after switch to unleaded gasoline

Early Environmental Law: Kepone

Illustrates many of reasons why environmental law is necessary workplace health, air and water quality,

consumer exposure to hazardous chemicals

1958 - Allied Chemical plants produced pesticide known as Kepone

Company tested for toxicity – highly toxic to both rats and mice caused cancer, liver damage, reproductive

failure, inhibition of growth and muscle coordination

Kepone Started commercial

production in VA anyway

More negative toxicity tests, increased production

From 1966 to 1973 wastes were discharged directly into the James River Later, into municipal sewer

system

Kepone

Numerous Health impacts on humans causes tremors, liver dysfunction, affects

reproductive system 1975 - Doctor in Hopewell, VA made

connection, reported 75 cases of acute Kepone poisoning

Led to findings of serious contamination in nearby land, water one hundred miles of James River, portions of

Chesapeake Bay closed to fishing in 1975

Kepone Variety of lawsuits against Allied

plant workers, EPA, fishermen, etc. 10,500 plaintiffs suing for $85 billion Actual settlements unknown

stipulation for out of court settlement was not to divulge settlement amount

estimates are around $30 million

Why did they get away with it for so long? Lack of enforcement mechanisms Plant located in poor area

Case led to Clean Water Act of 1977

Endangered Species Act

1973, 1982, 1895, 1988, 1995

Example of “roadblock” statute very clear, unambiguous prohibition

Revolutionary 1st piece of legislation anywhere to seriously

protect endangered species

A number of striking success stories bald eagle, American alligator, etc.

ESA Three pronged approach:

1. Bans import and sale of endangered species or products

2. Prohibits “taking” of any endangered species

Cannot kill or capture endangered species

Includes habitat modification and degradation

3. Prohibits federal agency programs and projects that harm endangered species

ESA Why protect species?

Canaries in coal mine Morally right Potential resources

“They are keys to puzzles which we cannot yet solve, and may provide answers to questions we have not yet learned to ask.” - House Resolution

Considerable backlash against ESA Interferes with land development,

no obvious human importance

Tellico Dam Case Tennessee Valley

Authority & business groups vs. citizens group including: farmers archaeologists Cherokee Indians

Battle over construction of dam on Little Tennessee River

1960s-1980s

Cost Benefit Analysis (1968) Benefits

Electrical Power $0.9 million Navigation Benefits $0.9 million Flood Control $1.1 million Recreation Benefits $3.7 million Water Supply (agric.) $0.2 million Employment Created $8.1 million Enhanced Land Value $1.6 million

Costs Annualized Dam Cost $5 million Annualized Land Costs $0.0 million

Net Benefits $11.5 million

Conducted by the TVA

Tellico Dam TVA argued dam would provide recreation,

promote industrial development Citizens groups: 300 farm families in valley,

used by fishermen and canoeists, sacred to Cherokees

Found endangered fish: snail darter Project stopped by ESA’s roadblock statute

Tellico Supreme Court halts construction, reaction

led to creation of “God Squad” Committee that can declare exceptions to ESA in

favor of economics

Had hearings on Tellico Developed own plan for development, showed

existing plan for dam seriously flawed

Request for exemption unanimously declined “I hate to see the snail darter get the credit for

stopping a project that was ill-conceived and uneconomic in the first place.”

Cost Benefit Analysis (1978) Benefits

Electrical Power $2.7 million Navigation Benefits $2.7 million Flood Control $1.0 million Recreation Benefits $2.5 million Water Supply (agric.) $0.15 million Employment Created $0.0 million Enhanced Land Value $0.0 million

Costs Annualized Dam Cost $3.2 million Annualized Land Costs $4.0 million

Net Benefits $-0.75 million

Conducted by the

Endangered Species

Committee(“God

Squad”)

Tellico Tennessee Senator - slipped rider on

appropriations bill Done at last minute, bill never read aloud Made Tellico Dam Project exempt from ESA

Cherokees filed new lawsuit, was denied

Dam completed

No more snail darter in valley Later, other small populations found

No industrial, little economic development

TellicoEcological Health Indicators at

Tellico Reservoir, 2001 Dissolved oxygen Poor Chlorophyll Poor Fish Fair Bottom life Poor Sediment Fair

Points to Know – Dec. 61) What does it mean to have a governmental policy?

What 3 approaches can the government use to regulate behavior?

2) What book is considered to have sparked the modern environmental movement? Who wrote it and what is it about?

3) What does the National Environmental Policy Act do? What is it’s major strength?

4) What is Kepone? Why did it lead to the Clean Water Act of 1977?

5) Why was/is the Endangered Species Act considered revolutionary and controversial?

6) What is the “God Squad,” how did they rule in the Tellico Dam case, and what was the final outcome?