CHAPTER 31 ENVIRONMENTAL POLICY

COUNTERFEIT COOLING

In the global efforts to thwart climate change, some lessons are learned after the fact.

COUNTERFEIT COOLINGIn the global efforts to thwart climate change,

some lessons are learned after the fact.31

Main Concept

Environmental policies are used to protect the natural environment and public health. Environmental problems are complex and often cross geopolitical borders, requiring compromises between various groups of people.

31

Learning Outcomes

At the end of this chapter, you will know:• Some major U.S. and international

environmental laws, how and why they were established, and the influence of lobbying groups

• How policies at the national and international level are established and why they are needed

• What tools are used to implement and enforce policies

COUNTERFEIT COOLINGIn the global efforts to thwart climate change,

some lessons are learned after the fact.

31 COUNTERFEIT COOLINGIn the global efforts to thwart climate change,

some lessons are learned after the fact.

Background: On the surface, “carbon credits” seemed like an effective way to reduce greenhouse gas emissions. Any company that reduced its greenhouse gas emissions below legislated levels could sell its remaining allocation, generating more profit and allowing other companies to contribute to the reduction.

Unfortunately, some companies took advantage of loopholes and overall greenhouse gas emissions actually increased.

TERM TO KNOW:Cap-and-trade

31 Public policies aim to improve life at the social level.

Policies provide guidelines meant to restore or protect the natural environment. Some target repairing damaged systems, others mitigate human impacts, and others are preventative.

Many environmental issues cross geopolitical borders. In such cases, many jurisdictions and policies may be involved. Therefore, solutions are complex and often the result of compromises.

Systems and situations change, so most policies must be adaptable and flexible in their application.

TERMS TO KNOW:Environmental policiesTransboundary problemsAdaptive management

31 Public policies aim to improve life at the social level.

Many environmental events have far-reaching impacts.

31 Public policies aim to improve life at the social level.

Many environmental events have far-reaching impacts.

31 Public policies aim to improve life at the social level.

Historically, policies were state level and reactive, not preventative. As the system shifted to federal policies, they also became more proactive, working to limit impacts rather than respond to them.

NEPA codified performance standards at a national level and mandated the federal government to take environmental effects into account during decisions. EISs mandated by NEPA report the likely environmental impact of a proposed action.

TERMS TO KNOW:Performance standardsNational Environmental Policy Act (NEPA)Environmental impact statement (EIS)

31 Public policies aim to improve life at the social level.

The creation or revision of a public policy follows a specific protocol:•Identification of the issue and consideration of the various options available•Development of a course of action and monitoring•Adoption and implementation of the policy and related actions•Periodic evaluation and modification of the policy

31 Public policies aim to improve life at the social level.

One provision of NEPA is the right of individuals to demand and sue for compliance by a group or agency. The EPA was established in 1970 to implement and enforce federal environmental laws. The EPA also has jurisdiction over state and corporate entities. Unfortunately, the EPA influence does not extend into international cases. The EPA has the authority to mandate changes, potentially shut down facilities, and levy fines.

TERMS TO KNOW:Citizen suit provisionEnvironmental Protection Agency (EPA)

31 Public policies aim to improve life at the social level.

NEPA requires that the government consider environmental impact of any activity or action and that an environmental assessment must be completed before any action is taken.The CAA was one of the first major pieces of resource legislation from the EPA. The CAA sets standards regarding air pollutants in the air. While originally targeting hazardous contaminants, it later extended to greenhouse gases.

31 Public policies aim to improve life at the social level.

The CWA is another early piece of major environmental legislation. The CWA sets standards for the presence of specific water pollutants.

The ESA is the “standard bearer” of environmental legislation. The legislative origins of the ESA go back to the Lacey Act of 1900. The ESA provides protection and the opportunity for recovery to endangered or threatened species in the United States.

31 Public policies aim to improve life at the social level.

TOSCA, while regulating the production and distribution of certain chemicals, also allows for tracking of those materials. This may make it easier to determine the source of some accidents or illegal disposals.

Superfund, or CERCLA, mandates that responsible parties are held responsible for cleaning up contaminated locations and the costs related to the damages caused. It also serves as a source of funds when responsible parties cannot be identified or no longer exist.

31 A variety of policy tools have been used to address climate change.

Environmental impacts do not recognize geopolitical borders, so what happens in one region or country can easily affect nearby areas. For example, burning agricultural fields can bring air pollution to nearby regions, as in this picture showing smoke up against the southern side of the Himalayan range.

More than 500 international agreements regulate human activity as related to the environment, such as the Montreal Protocol of 1987, which phased out ozone-depleting chemicals.

31 A variety of policy tools have been used to address climate change.

In best-case scenarios, the first step for a policy is scientific investigation. Once an issue is noticed, science and the law can work together to develop policy recommendations. Statistics are used to consider uncertainty where caution is needed to balance current and potential future needs. Legislators must also listen to all involved and impacted by any potential change, both positively and negatively. Large groups have professional lobbyists to make their cases in an organized manner.

TERMS TO KNOW:Precautionary principlePolitical lobbying

31 A variety of policy tools have been used to address climate change.

Many different people, agencies, and political positions can affect the outcome of policy decisions. Those that make the decisions must balance and compromise all of these potentially opposing positions.

31 A variety of policy tools have been used to address climate change.

Lawmakers may use a variety of tools to enforce environmental policies:• Legislative regulation that dictates when and how resources are utilized• Green taxes in which the user pays based on the amount of pollution

produced or earns credits for reducing pollution• Environmentally friendly actions that can be selected for with the use of

grants, subsidies, and low-interest loans

TERMS TO KNOW:Policy toolsCommand and control regulationGreen taxesSubsidies

31 A variety of policy tools have been used to address climate change.

31 A variety of policy tools have been used to address climate change.

31 A variety of policy tools have been used to address climate change.

31 A variety of policy tools have been used to address climate change.

31 A variety of policy tools have been used to address climate change.

31 A variety of policy tools have been used to address climate change.

31 A variety of policy tools have been used to address climate change.

Major projects, such as the world’s largest solar power generation facility, are made possible with the aid of government subsidies and loan guarantees.

31 A variety of policy tools have been used to address climate change.

TERM TO KNOW:United Nations Framework Convention on Climate Change (UNFCCC)

A result of the 1992 Earth Summit is the UNFCC, which helped set the stage for modern-era global sustainable development.

31 A variety of policy tools have been used to address climate change.

TERM TO KNOW:Kyoto Protocol

The 1997 Kyoto Protocol continued the process and set definite targets and deadlines for reduction of greenhouse gas emissions. While the objectives were easy, there was significant controversy as to how to carry them out.

31 A variety of policy tools have been used to address climate change.

Reduction in greenhouse gases was based on 1990 baseline amounts. Those countries that had higher levels had to accept greater reductions. CDM utilized “carbon credits” that could be traded on the open market.

Many claimed this was unfair and gave too much of an advantage to developing countries such as China and India. The United States has not ratified it and others (such as Canada) have since withdrawn.

TERM TO KNOW:Clean Development Mechanism (CDM)

31 A variety of policy tools have been used to address climate change.

Organizing and gathering data in the early stages of the greenhouse gas situation

31 A variety of policy tools have been used to address climate change.

The Kyoto Accord relies on voluntary compliance to reduce greenhouse emissions.

31 Policies sometimes have unintended consequences.

The six greenhouse gases addressed in the Kyoto Protocol are carbon dioxide, methane, nitrous oxide, hydroflourocarbons, perflourocarbons, and sulfur hexaflouride. Since carbon dioxide is the most prominent of the six, all calculations are based on carbon equivalents.

The U.K. and Germany both met their reduction goals early. The United States monitored and worked to reduce emissions. While the United States did not meet the target, reductions began to show between 2006 and 2010.

31 Policies sometimes have unintended consequences.

One target of the U.S. attempts to reduce emissions is to increase the fuel efficiency in its motor fleet. In accordance to CAFE standards, the average miles per gallon of the U.S. fleet will double, from 27.3 to 54.5 mpg by 2025.

TERM TO KNOW:Corporate average fuel efficiency (CAFE) standards

31 Policies sometimes have unintended consequences.

31 Policies sometimes have unintended consequences.

31 Policies sometimes have unintended consequences.

Refrigerants are so environmentally damaging that coolant factories in India and China had higher profits from producing and destroying coolant, earning carbon credits that could be sold, than actually selling the coolant.

Nearly half of the credits have been given to just 19 companies, primarily in India and China. The countries that were initially expected to benefit most saw little or no benefit.

Adapting policies is necessary but difficult.31The CDM problems illustrate the need to be able to revise and modify policies as new information is uncovered or experience demonstrates the current policy is insufficient.• Since most carbon dioxide is from the energy sector,

should the program be limited to that industry?• Should natural gas power plants be excluded since

they produce less carbon dioxide than coal fired plants?

The value of the carbon credits allowed a shift in the economic influence in global politics. Those benefiting from the CDM did not want any changes.

The European Union and the UN changed parts of the CDM policy in 2010. No new factories would be allowed to participate, the value of the credits for the refrigerant was drastically reduced, and the EU and UN will not accept the HFC-23 credits. Will that fix the problem?

PERSONAL CHOICES THAT HELP31

UNDERSTANDING THE ISSUE31

ANALYZING THE SCIENCE31

EVALUATING NEW INFORMATION31

MAKING CONNECTIONS31