PLSC 392 weeks 3-6
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| public opinion and environmentalism | felt broadly but not deeply, not decisive factors in elections, partisan preferences towards environment
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| 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
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| when science is sacrificed to politics | downplaying, obfuscating/hiding, cherry picking, questioning scientific consensus and spreading confusion, disseminating unscientific facts
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| key domestic political institutions | legislative,
executive,
judicial
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| functions of three branches of government | Congress makes laws,
Executive carries out laws,
Courts interpret laws and adjudicate disputes
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| Legislative Branch | House of Representatives- 435 seats, based on population
Senate- 100 seats, 2 per state
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| Judicial Branch | US Supreme Court, US Appeals Courts (Federal Circuits), Federal District Courts
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| Executive Branch | headed by president, executive office of president, executive branch departments, federal agencies
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| US Supreme Court | 9 justices, serve for life, six Republicans, three Democrats
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| US Court of Appeals | 13 circuits, 179 appellate judges
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| US District Courts | 94 judicial districts, 673 federal district court judges
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| 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
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| Presidential Cabinet | 15 executive departments, each headed by secretary
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| Special Interest Groups | Business SIGs and lobbyists who work for them, environmental movement and environmental SIGs
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| American Public | views about environmental movement and environmental SIGs
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| scientists | role of scientists in environmental policymaking, misuse of science for political purposes
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| IGOs- Intergovernmental organizations | made up of member states who join voluntarily to cooperate on an issue, national governments
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| 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
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| United Nations (UN) | general assembly, security council, secretariat, economic and social council, international court of justice
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| sustainable development | development that meets the needs of the present without compromising the ability of future generations to meet their own needs
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| key actors in global environmental politics | IGOs,
national and international businesses,
epistemic communities,
world leaders/celebrities/activists
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| key international law principles | state sovereignty,
state consent,
pacta sunt servanda (pacts are to be honored)
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| four principal sources of international law | international treaties and conventions,
customary international law,
general principles of law shared by nations,
court decisions and precedents
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| MEAs | Multilateral environmental agreements
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| COPs | Conference of Parties
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| MOPs | Meetings of Parties
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| Treaty secretariats | made of a permanent staff that helps member states, administer/manage the relevant treaty
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| Tragedy of Commons | humans tend to be selfish, short sighted
solutions- privatization and socialism
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| greenhouse effect | trapping of heat by greenhouse gases
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| greenhouse gases | water vapor, CO2, CH4, N2O, fluorinated gases
C/P/GWP
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| main sources of GHG | burning of fossil fuels for transportation and energy production, agriculture, industry
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| countries which emit most CO2 | China,
United States,
India
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| 1997 Kyoto Protocol | the best treaty, was not ratified by US
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| 2009 Copenhagen Accord | states "took note" but did not sign it, not a treaty
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| 2015 Paris Climate Agreement | voluntary pledge of emission reduction, all state agree they are responsible for mitigation, adaptation measures, financial and technological assistance
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| Paris Climate Agreement enforcement | peer pressure and naming/shaming instead of direct enforcement through sanctions
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| Presidential powers in Constitution | propose new legislation, sign bills into laws, propose federal budget, appointment powers, executive powers, pardons, commander in chief, addresses Congress
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| President executive toolkit | executive orders, appoints top officials, rulemaking, funding and staffing, executive agreements, proclamations, bully pulpit, signing statements
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| legal hierarchy | US Constitution,
federal statutes,
federal rules and regulations
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| 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
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| 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
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| disadvantages of regulation | future president can modify, roll back, repeal rules issued by predecessors
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| 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
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| 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
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| 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
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| constitutional powers of congress | regulate interstate and international commerce, necessary and proper clause, legislation, confirmation, ratification of treaties, oversight
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| 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
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| 8 problems with congressional policymaking | patchwork, reform, fragmentation, localism, election cycle, hyper responsiveness, micromanagement, polarization
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| patchwork issue | inconsistent, contradictory, not a full scope solution
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| reform issue | difficult to do comprehensively
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| fragmentation issue | between house and senate committees and subcommittees
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| localism issue | often trumps national issue
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| election cycle issue | dictates priorities and pace of policymaking
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| hyper responsive issue | only responds to high visibility issues, not most important issue
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| micromanagement issue | regarding departments and agencies' agenda
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| polarization issue | constant gridlock, repeated policy reversals and inconsistencies
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| Obama obstacles to passing climate related legislation | no cooperation from GOP, wars in Afghanistan and Iraq, 2008 Recession, priority to pass ACA
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| us constitution | trumps all other laws, supreme law of the land
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| federal statutes | trumped by constitution, enacted by congress
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| federal rules and regulations | issued by federal agencies and executive departments
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| five Ps | prescriptive regulation, property rights, penalties, payments, persuasion
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| prescriptive regulation | command and control, effective and easy to administer, inefficient and unwieldy
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| property rights | privatization and market mechanism, free market environmentalism
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| penalties | environmental taxes, difficult to get price right, unpopular
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| payments | subsidies and incentives
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| persuasion | info dissemination and education, reflexive laws
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| APA- Administrative Procedure Act | executive departments must apply informal rule making process (notice and comment rule making)
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| changing or reversing an existing rule | requires full explanation and justification, keeping an exhaustive record of decision making process, congressional review act
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| reversing executive order | simple and quick, may cause uncertainty
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| administrative adjudication | before an administrative law judge, decision quickly
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| five key functions of agencies | regulatory, adjudicative, distributive, monitoring and enforcement, research and environmental education
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| regulatory function | issuing and modifying regulations
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| adjudicative function | resolving disputes
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| distributive function | assigning grants
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| 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
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| sources of power of federal bureaucracy | delegation of authority,
administrative discretion
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| administrative discretion | constrained by constitution, congressional oversight, federal courts
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| agencies maintain influence by | complex rules and regulations, bureaucratic maze, already busy executive and congress
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| 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
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| levels of competition in bureaucracy | among federal agencies/departments/branches, between federal and state entities, backers and allies of agencies and departments
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| key functions and activities of environmental agencies | regulatory, adjudicative, distributive, monitoring and enforcement, research and environmental education
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| problems and challenges for EPA | inadequate funds, expanding responsibility, fuzzy priorities, complex science/politics/legal issues, opposition of GOP, legislative deadlock, micromanaging
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| current EPA head | Michael Reagan
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| Department of Interior | Fish and Wildlife Service
Bureau of Land Management
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| Department of Defense | US Army Corps of Engineers
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| Secretary of Interior | Deb Haaland
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