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1 1 William P. Cunningham University of Minnesota Mary Ann Cunningham Vassar College Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. Chapter 13

2 2 Helping Nature Heal - to reverse degradation and reestablish some aspects of an ecosystem that previously existed Restoration to an original pristine condition is rarely possible.  Often the best option is to choose an alternative condition with desirable characteristics.  Sometimes an entirely new use for the site is the best alternative. Ecological restoration

3 3 Restoration Projects have Common Elements Removing physical stressors - removing the cause of degradation Controlling invasive species Replanting Captive breeding and reestablishing fauna  Example: Wolves returned to Yellowstone Monitoring

4 4 Early Conservationists Gifford Pinchot - First head of the U.S. Forest Service. Pioneer in resource management. Aldo Leopold - pioneer in restoration ecology

5 5

6 6 Terms Commonly Used in Restoration Rehabilitation - repairing ecosystem function but not to original condition  May be similar to the original community or an entirely different community Reintroduction - transplanting organisms from an external source to a site where they have been previously reduced/eliminated Remediation - using chemical, physical, or biological methods to remove pollution while causing as little disruption as possible

7 7 Terms Commonly Used in Restoration Reclamation - employs stronger, more extreme techniques to clean up severe pollution or create a newly functioning ecosystem on a seriously degraded or barren site Mitigation - compensation for destroying a site by purchasing or creating one of more or less equal ecological value somewhere else

8 8 Deciding on Recovery Goals Recovery is linked to succession, but the first stages of succession are random and ecosystems do not behave as tightly coordinated entities. Aims of restoration are often driven by human values of beauty or utility rather than science. There may be more than one historic state to which the area could be restored. Should we attempt to restore what used to be or create a community compatible with future conditions?

9 9

10 10 Nature is Resilient Sometimes stopping the damage is all that is necessary and Nature can rebuild. Example: Forests in Vermont  By 1840, early settlers had cleared the land and sheep farming dominated. Only 20% of forest remained.  Today 80% of the land is forested. Much of the forest resembles old growth forest and moose, bear and bobcats have become reestablished.  Vermont law requires consulting a professional forester and developing a plan before cutting forested areas.

11 11 Native Species May Need Help to Reestablish An example is re-establishing Bermuda’s national bird, the Bermuda cahow. Bird was thought to be extinct due to human hunting and predation by hogs, cats, rats. In 1951, 18 nesting pairs were discovered. Protection program begun on Nonsuch Island, which involved removing invasive species, reintroducing native vegetation, creating nesting burrows, and protecting against predators. By 2002, there were 200 birds.

12 12 The Bermuda Cahow The Bermuda cahow Nonsuch Island

13 13

14 14 Restoring Forests has Benefits Logging companies reforest cut areas.  Creates a monoculture that does not have the complexity of natural forest  But does provide ground cover, habitat for some species, and lumber Largest reforestation ever undertaken is now taking place in China.  A billion people have planted 50 billion trees over past 30 years to hold back encroaching desert and reduce dust. Success is uncertain.

15 15 Trees Improve Quality of Life Trees improve air quality and provide shade. United Nations billion tree initiative Everyone can participate. Have you planted a tree?

16 16

17 17 Fire is Essential for Savanna Oak savanna once covered area between Great Plains and the deciduous forest of the eastern U.S.  Wisconsin had 2 million ha; less than 0.01% is left.  Difficult to restore because it is maintained by fire - Somme Prairie Grove in Cook County, Illinois is being restored.

18 18 Oak Savanna An oak savanna is a forest with scattered open grown trees where the canopy covers 10% to 50% of the area and the ground has grasses and flowering plants. Most common tree is the fire-adapted bur oak.

19 19 Somme Prairie Grove Restoration NARI - stands for Natural Area Rating Index and it measures the frequency of native species associated with a high quality community.

20 20

21 21 Recognizing the Role of Fire Land managers now recognize the role of fire in maintaining/restoring many forest types.  Example: Near to us here??????

22 22

23 23 Restoring Prairies Before European settlement, the eastern edge of the Great Plains was covered by tallgrass prairie, with grasses reaching a height of 2 m (6 ft).  Less than 2% remains The middle of the Great Plains contained a mixed prairie of bunch and sod-forming grasses. The western edge of the Great Plains, with less rainfall, was covered with shortgrass prairie containing bunch grasses 30 cm (1 ft) in height. These prairies were maintained by grazing and by fires.

24 24 Prairie

25 25

26 26 Shortgrass Prairie Preserved Was cropland Ogallala aquifer Population is leaving these areas.

27 27

28 28 In 1934, Aldo Leopold began to re-create tallgrass prairie on an abandoned farm in Madison, Wisconsin (now the Curtis Prairie). Nature Conservancy has tallgrass prairie northwest of Tulsa, Oklahoma  1/3 of each pasture burned per year  Bison re-introduced

29 29 Fire is also Crucial to Prairie Restoration  Discovered that fire was essential. Kills weeds and removes soil nitrogen, which gives low- nitrogen native species an advantage.

30 30 Bison on shortgrass prairie

31 31 Bison Help Maintain Prairie Move in dense herds eating everything including weeds Trampling and intense eating provide an opening for pioneer species. Buffalo chips fertilize the soil. Dig out wallows in which they take dust baths and this disturbs surface, allowing primary succession After grazing, they move on and do not return for several years.

32 32 The Curtis Prairie in Wisconsin Aldo Leopold

33 33 Why Preserve Prairies People leaving anyway, so might as well return it to nature Prevent desertification Make soil (slow) Buffalo Meat  can be marketed

34 34 Shortgrass Prairie Preserved Saving shortgrass prairie in Montana Land Trusts  Nature Conservancy bought the Matador ranch  American Prairie Foundation Local Land Trusts  Natural Land Trust  Brandywine Conservancy

35 35 Restoring Shortgrass Prairie Area in Montana where restoration is occurring

36 36 Wetlands

37 37 Why Restore Wetlands and Streams Wetlands and streams provide ecological services.  Hydrologic cycle  Food and habitat for a variety of species  Coastal wetlands absorb storm surge  Filter water/toxic chemicals  Artificial wetlands can be used to treat sewage and collect storm runoff. Wetlands occupy less than 5% of land, but 1/3 of endangered species spend at least part of their life cycle there.

38 38 Wetlands

39 39 Restoring Wetlands and Streams Clean Water Act (1972) began protecting streams and wetlands from pollution discharge. Farm Bill (1985) blocked agricultural subsidies to farmers who damaged wetlands. Many states now have a “no net loss” policy and wetlands are coming back. However, there is an imbalance as swamps are drained and replaced by small ponds. No net loss, but not the same ecosystems.

40 40 Chesapeake Bay Restoration The map shows Chesapeake Bay, America’s largest and richest estuary. Some 2,700 species spend all or part of their lives in or near the bay. It suffers from pollution and degraded water quality.

41 41 Chesapeake Bay Restoration Important species of fish and shellfish have declined dramatically. The oyster harvest is 1% of what it once was.  Damage is due to - overfishing - sewage discharge - silt from erosion - heavy metals and toxic chemicals - heat from industry - pesticides and herbicides - oil spills

42 42 Chesapeake Bay Seafood is contaminated with pathogens. Fertilizer from agricultural runoff causes growth of phytoplankton in the bay. As these organisms die and decompose, they use up all the oxygen in the bottom layers of the bay.  This creates dead zones where very few organisms can survive. Eelgrass, a keystone species, was smothered by sediment. It served as a nursery for marine animals. NOT TOXIC STUFF, NUTRIENTS AND SEDIMENT

43 43 Chesapeake Bay Fifteen million people live in the watershed. 66 major industrial facilities discharge into the bay along with 420,000 septic systems. Thousands of farms, yards, etc. discharge nutrients and sediment. The Chesapeake Bay Commission has been working for 25 years to restore the bay.

44 44 Restoring Dune Grass at Chesapeake Bay

45 45 Wetlands Prairie potholes in Great Plains re-created Passage of the Migratory Bird Hunting Stamp Act (Duck Stamp Act) in 1934. Money from hunting used to acquire wetland habitat. Wetland mitigation is required when development destroys a natural wetland, but it often does not replace native species and ecological functions.

46 46 Wetland Mitigation In building a housing project in Minnesota, the developer destroyed a complex native wetland containing rare orchids. The mitigation, shown here, is just a hole filled with rainwater. It quickly became re-vegetated with invasive species.

47 47

48 48 Restoring Wetlands and Streams Restore water supplies that have been diverted elsewhere  Everglades

49 49 Everglades Restoration Draining the Everglades resulted in water shortages in the dry season. Everglades National Park has lost 90% of its wading birds. Its ecosystem may be collapsing. Plans to remove levees, restore natural course of rivers, and save water in underground aquifers for later use (while still controlling flooding) Plans were announced in 2000, but little has been accomplished to date.

50 50 Plans for the Everglades

51 51 Streams Need Rebuilding Streams threatened by pollution, toxins, invasive organisms, erosion and other insults 44% of streams suffer degradation, mostly due to sedimentation and excess nutrients. Streams have been turned into cement channels and buried underground in urban areas. Little resemblance to natural state.  Rebuilding involves returning to a natural stream bed.

52 52 Los Anglos River

53 53 Streams Need Rebuilding Can reduce sediment entering streams by providing ground cover – Riparian ecosystem

54 54 Remediation – Severe Cases Some plants can selectively eliminate toxins from soil. If the area is small, contaminated dirt can be hauled away and clean soil brought in. Bacteria can remove toxins from water if they are provided with oxygen and nutrients. Decontaminated urban fields (“brown fields”) can become valuable real estate.

55 55 Reclamation of Severely Degraded Sites Reclamation means the repairing of human- damaged lands. Example: The Surface Mining Control and Reclamation Act requires mine operators to restore the shape of the land to its original contour and re-vegetate it to minimize impacts on local surface and groundwater

56 56 Berkely Mine Pit, in Butte, Montana

57 57 John’s Website

58 58 William P. Cunningham University of Minnesota Mary Ann Cunningham Vassar College Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. Chapter 23

59 59 Ecological Economics

60 60 Outline Economic Theories Economic Vocabulary/Measures Cost-Benefit Analysis Examples

61 61 Economic Worldviews Sustainable development - meeting the needs of the present without compromising the ability of future generations to meet their own needs Capital - any form of wealth available for use in the production of more wealth

62 62 Defining Resources Resource - anything with potential use in creating wealth or giving satisfaction  Nonrenewable resources - materials present in fixed amounts in the environment e.g. minerals, fossil fuels  Renewable resources - materials that can be replenished or replaced e.g. sunlight  Intangible resources - abstract resources such as open space, beauty, serenity etc.

63 63 Classical Economics  Adam Smith - Founder of modern Western economics - Capitalist System - Market competition between willing sellers and buyers is believed to bring about the greatest efficiency of resource use and the optimum balance between price and quality.

64 64 Classical Economics David Ricardo further refined relation between supply and demand.  Demand is the amount of a product or service consumers are willing and able to buy at various prices assuming they are free to express their preferences.  Supply is the quantity of that product being offered for sale at various prices.  There is a direct, inverse relationship between supply and demand.

65 65 Supply and Demand Curves

66 66 Classical Economics In a free market, supply and demand should come into market equilibrium at the point of intersection of the two curves. In real life, prices are determined more by marginal costs and benefits.  Marginal Cost - cost of producing one more unit of a product or service  Marginal Benefit - How much would I benefit by buying one more unit?  Price Elasticity - item follows supply/demand curves exactly

67 67 Neoclassical Economics Emphasizes Growth  Political Economy was concerned with social structures, value systems, and relationships among classes (Karl Marx).  Neoclassical Economics adapted principles of modern science to economic analysis (Milton Friedman).  Objective, value free approach

68 68 Neoclassical Economics Growth is seen as necessary and desirable  Because factors of production are thought to be interchangeable, materials and services provided by the environment are not indispensable. As one resource becomes scarce, substitutes will be found.

69 69 Neoclassical Model of Economics

70 70 Classical and Neoclassical Economics Natural Services as external to the cost of production. They calculate the cost of coal (an internal cost), but not the climate’s absorption of carbon dioxide when the coal is burned, the air pollution it produces, and the cost of health care for people breathing polluted air. Natural resource economics assign a value to natural resources, but assumes that they are abundant and therefore cheap.

71 71 Ecological Economics Steady-State economy is characterized by low human birth and death rates, use of renewable energy sources, material recycling, and emphasis on efficiency and stability.

72 72 Ecological Economics Tries to make producers account for social as well as environmental costs Questions the basic assumption that all goods can be compared according to their monetary value; some aspects of nature are irreplaceable and essential

73 73 Ecological Economics

74 74 Communal Property Resources  Commonly held resources are inevitably degraded because self-interests of individuals tend to outweigh public interests.  Everyone grazes cows on village commons. Each farmer maximizes his income if he adds another cow, but damage done by overgrazing degrades the commons. Garret Hardin - Tragedy of the Commons:

75 75 Communal Property Resources Open access system with no rules to manage resource use, but many communal resources are managed by cooperative arrangements among users.

76 76 Population, Technology, Scarcity Scarcity can sometimes lead to innovation.  Greater efficiency can allow people to create the same amount of goods using fewer resources.  Substitution of new materials for scarce ones can extend supplies or create new ones.  Discovery of new reserves through better exploration techniques  Recycling as resources become more valuable

77 77 Carrying Capacity is not Necessarily Fixed Technological developments have resulted in price decreases for many raw materials over the last hundred years.  Ecologists generally disagree. - The fact that we have not yet run out of raw materials does not mean that it will never happen. - Ecological processes may be more irreplaceable than raw materials.

78 78 Scarcity/Development Cycle

79 79 Economic Models Limits to Growth published in 1972 predicted catastrophe as population grew and resources became depleted. Beyond the Limits published in 1992 updated the model used in the previous book to include technological progress, pollution abatement, and population stabilization and predicted an improved standard of living for everyone. Neither model shows what will happen, only what may happen.

80 80 Limits to Growth vs. Beyond the Limits

81 81 Limits to Growth vs. Beyond the Limits

82 82 Natural Resource Accounting Gross National Product (GNP)  Two ways to calculate: - Flow of money from households to businesses in form of goods/ services purchased - Costs of production in form of wages, rent, interest, taxes and profit - In both calculations, depreciation for wear and tear on machines, buildings, etc. is included.

83 83 Gross Domestic Product Gross Domestic Product (GDP) - only includes economic activity within national boundaries Both GNP and GDP criticized as measures of well-being because they do not distinguish between beneficial and harmful growth  Example: A huge oil spill shows up as positive addition to GDP because it creates cleanup jobs. Neither accounts for natural resources used up or ecosystems damaged

84 84 Measuring Well Being Genuine Progress Index (GPI)  Takes into account real per capita income, distributional equity, natural resource depletion, and environmental damage Environmental Performance Index (EPI) - indicators are tracked in six areas: environmental health, air, water, productive natural resources, biodiversity and habitat, and sustainable energy  U.S. ranks 28th, below Malaysia

85 85

86 86 Measuring Well Being Human Development Index - used by U.N.  Incorporates life expectancy, educational attainment, standard of living Gender Development Index - HDI adjusted for inequality between men and women Norway ranks first in HDI; Canada ranks sixth; U.S. ranks eighth Poverty and child death rates are falling, while life expectancy is increasing in many places around the world.

87 87 Measuring Nonmarket Values Natural resources values that should be considered in ecological economics:  Use - price paid to consume a resource  Option - preserving options for future  Existence - value that something still exists  Aesthetic - appreciated for beauty  Cultural - important in cultural identity  Scientific/educational - experiential aspects of nature

88 88 Value of Goods/Services from Nature Difficult to quantify - what is a day in the wild worth to you? Ecological goods and services (e.g. obtaining clean water from natural processes, nutrient recycling, SOIL Formation) Estimated to be worth $33 trillion or 75% of the combined annual GNPs of all the countries in the world.

89 89 Cost-Benefit Analysis Attempts to assign values to resources and social and environmental effects of carrying out a given undertaking  Tries to find optimal efficiency point at which the marginal cost of pollution control equals the marginal benefit

90 90

91 91 Cost-Benefit Analysis  Difficult to do in practice  What monetary value do you assign to being able to swim in a river?  - go fishing with children  - hiking  - camping Easy ones are – - Ocean pollution killing fisheries.

92 92 Estimated Value of Ecosystem Services

93 93 Cost-Benefit Analysis Economic Policy Institute finds costs of compliance with environmental regulations are almost always less than projected.  Electric utilities said Clean Air Act would cost them $4 to $5 billion, but actually saved them $150 million/yr.  Auto manufacturers said banning CFCs would add $1,200 to cost of car. Actual cost was $40. Placing monetary value on everything leads to belief that only money and profits count

94 94 Market Mechanisms Can Reduce Pollution Sir Nicholas Stern, former chief economist at World Bank, issued report to British government in 2006, which concluded that if we do not act to control global warming the damage caused by climate change could be equivalent to losing 20% of global GDP each year. Can use market forces to reduce pollution e.g. taxing pollution Responding to climate change will create business opportunities in renewable energy, carbon reduction, etc.

95 95 Emissions Trading Cap and trade  Mandate upper limits on pollution (cap)  Companies that can cut pollution more than they are required to, can sell the credit to other companies that are not meeting their mandated levels (trade)  You can do this personally as there are several organizations that will sell you an offset to make your lifestyle carbon neutral – Solar Panels

96 96 Sulfur and Carbon Trading The 1990 Clean Air Act mandated reduction in sulfur dioxide to cut acid rain. Targeted reduction was 10 million tons/ yr. Sulfur exchange was set up and nationwide emissions have come down. However, there are still hot spots of air pollution where companies are buying credits. Carbon trading is a $28 billion market  European Climate Exchange  U.S. only has voluntary caps on carbon.

97 97 Emissions Reductions by Trading Currently more than 80% of emissions payments go to only four countries. Nearly 2/3 of the payments are for incineration of HFC23.

98 98 Emissions Reduction by Trading Critics point out that the original idea was to encourage renewable energy such as solar panels, wind farms, tree farms, etc. in developing countries. Instead, marketing emissions credits has so far benefited primarily bankers, consultants, and factory owners and is leading to short term fixes rather than long term solutions.

99 99 Trade, Development and Jobs Banking and trading systems that regulate credit, currency exchange, and commodity prices were set up by developed countries to benefit their own self interest.  Keep less-developed countries in a perpetual role of resource suppliers to more-developed countries  Producers in developing countries make very little income generated by international trade.

100 100 Growers Get 8¢ of Dollar’s Worth of Coffee

101 101 International Trade World Trade Organization (WTO) has issued numerous rulings that favor trade over preventing pollution and protecting endangered species. NAFTA has been accused of allowing companies to move across borders to countries with lax environmental standards and low labor costs. World Bank has tremendous influence on finances and policies of developing countries.

102 102 International Aid Often Goes Awry Two-thirds of $25 billion loaned annually for developing world projects comes from the World Bank. - Many projects have been environmentally destructive - Loans often go to corrupt governments - Load third world countries with debts that they cannot pay

103 103 Microlending Microloans can aid the poorest of the poor. Grameen Bank, founded by Dr. Muhammad Yunus, has assisted millions of people (mostly low status women). Borrowers can take out loans in small groups in which everyone in group is responsible for other’s performance. Provides support. Start small; when that loan is repaid you can borrow more to build your business. Yunus won 2006 Nobel Peace Prize. Kiva.org raised 56 million dollars over 4 years to help 80,000 entrepaneurs in developing countries.

104 104 Green Business During first Industrial Revolution, raw materials were seen as inexhaustible  Today business leaders are discovering that operating in a socially responsible manner consistent with principles of sustainable development can be good for business.  Fuel efficiency saves money as well as cutting greenhouse gases  Green companies include Body Shop, Patagonia, Johnson and Johnson

105 105 Business Models Follow Ecology Paul Hawkin’s book, The Ecology of Commerce, was seminal in convincing people to look at business and environment.  Nothing is wasted in nature; one organism’s waste is another’s food  Industrial processes should operate on same principle

106 106 Efficiency Starts with Product Design For every truckload of goods produced in the U.S., 32 truckloads of waste are produced. Architect Wm. McDonough suggests re-thinking design. Products should be divided into 3 categories:  Consumables - can be composted  Service products - are durables such as TV. Should be leased to consumer but always belong to manufacturer who must dismantle at end of useful life  Unmarketables - toxic waste - should be molecularly tagged with manufacturer who would be held liable for illegal disposal

107 107 Green Consumerism Gives Public a Voice Consumer choice can persuade businesses to be eco-friendly  National Green Pages lists 2,000 companies  Natural foods have grown into a $7 billion market segment  Natural cosmetics and beauty products now represent 10% of market

108 108 Environmental Protection Creates Jobs Business leaders used to claim that environmental regulations would cause job losses. Studies by ecological economists show that only 0.1% of all large scale lay-offs in the U.S. were due to government regulations. Environmental careers are expected to increase under the Obama administration in areas such as:  Renewable energy  Recycling  Climate remediation  Ecosystem restoration

109 109 Recently, the _______________ company invested money into a solar cell manufacturing facility. This action is __________________. A. Shell Oil; typical for a fossil fuel company because they are invested in energy sources B. BP; typical for a fossil fuel company because they are invested in energy sources C. BP; atypical for a fossil fuel company because they usually block renewable energy D. Shell Oil; atypical for a fossil fuel company because they usually block renewable energy E. Chevron Oil; not supported by the board members at Chevron

110 110 Only 0.1% of Job Loss Caused by Regulation

111 111 William P. Cunningham University of Minnesota Mary Ann Cunningham Vassar College Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. Chapter 24

112 112 Elements of Good Environmental Policy

113 113 Basic Concepts In Policy Environmental Policy - official rules and regulations concerning the environment that are adopted, implemented, and enforced by a governmental agency as well as public opinion about environmental issues

114 114 Basic Concepts in Policy Power in Politics  Politics is a struggle among competing interest groups as they strive to shape public policy to suit their own agendas. Cost Benefit Analysis  In choosing between policy alternatives, preference should be given to those with the greatest cumulative welfare and the least negative impacts.

115 115 Arguments Against Rational Choice Conflicting views are not comparable Few agreed-upon broad social goals Policymakers not motivated by societal goals Large investments create path dependence Uncertainty drives policy makers toward past Costs and benefits difficult to calculate Segmented nature of large bureaucracies makes it difficult to coordinate decision making

116 116 The Precautionary Principle The Precautionary Principle –when an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not yet fully established scientifically.

117 117 Precautionary Principle 4 Tenets of the Precautionary Principle:  If suspect that something bad is about to happen, try and stop it  Burden of proof rests with proponents, not the general public  Before using a new technology, examine all the alternatives.  Decision making should be open and include affected parties. The European Union has adopted this approach.

118 118 Fundamental Rights To A Safe Environment The 1987 World Commission on Environment and Development said all human beings have the fundamental right to an environment adequate for their health and well being. Of the 191 nations in the world, 109 now have constitutional provisions for protection of the environment and natural resources. The U.S. has constitution does not acknowledge environmental protection as a fundamental human right.

119 119 Steps In The Policy Cycle

120 120

121 121 How Policies Are Made Environmental Law - body of rules, decisions, and actions concerning environmental quality, natural resources, and ecological sustainability  Statute Law - formal documents enacted by legislative branch declaring, commanding, or prohibiting something  Case Law - derived from court decisions in both civil and criminal cases  Administrative Law – rules, regulations, orders to enforce legislative law, Executive orders

122 122 The Executive Branch

123 123 Regulatory Agencies EPA - primary agency with responsibility for protecting environmental quality Department of Interior  National Park Service  Bureau of Land Management  U.S. Fish and Wildlife Service

124 124 Administrative Law Agency rule making can be informal or formal Executive orders can come from the President but change with politics.  Clinton ordered protection for 90 million acres of nature preserves. On Bush’s first day in office, he suspended 60 regulations of Clinton’s administration and soon ordered overhaul of environmental laws to ease restrictions and promote development.

125 125 Administrative Law: Executive Rules More than 100 federal agencies and thousands of state and local boards and commissions have environmental oversight.  Federal agencies often delegate power to a matching state agency to decentralize authority.  Most executive agencies are under the jurisdiction of cabinet level departments such as Agriculture or Interior.

126 126 What is Administrative/Executive Law? Administrative Law - rises from executive orders, administrative rules and regulations, and enforcement decisions in which statutes passed by the legislature are interpreted in specific applications and individual cases Environmental movement and oil spill in Santa Barbara, CA in 1969 mobilized public opinion allowing passage of 27 federal laws for environmental protection in the 1970s

127 127 Public Awareness Influences Policy Early U.S. policy took a hands-off approach toward business and private property leaving people free to do whatever they wanted on their own property. The modern environmental movement in the 1960’s and early 70’s the public was alerted to the dangers of pesticides, hazardous wastes and toxic effluents. Television news coverage of environmental disasters and public protests demanding greater environmental protection became common place. These events played an important role in mobilizing public opinion and were a major factor in the passage of the U.S. Clean Air Act in 1972.

128 128 Statutory Laws: The Legislative Branch Federal laws (statutes) are enacted by Congress and must be signed by the President. 27 major federal environmental laws were enacted and signed into law in the 1970’s.

129 129 Public Comment Can Affect A Bill How a bill becomes law  After introduction, each bill is referred to a committee or sub-committee with jurisdiction over the issue for hearings and debate  The public often has an opportunity to testify.  The bill’s language is modified, multiple bills may be combined, and then the overall bill is passed on to the full committee for a vote when the bill is considered widely acceptable to the full house or senate.

130 130 Citizens Line-up To Testify Before Congress

131 131 Committee Hearings and Compromise  A bill succeeding in full committee is reported to the full House or Senate for a floor debate. - Amendments may be proposed at each stage  The House and Senate generally have different versions of a bill and these must be sent to a conference committee to iron out differences  The final bill goes back to House and Senate for confirmation of the compromise bill.

132 132 Final Steps in Passing A Statute Next, the bill is passed on to the President who may sign it or veto it. A 2/3 vote of House + Senate can override veto if necessary. If President takes no action within 10 days of receiving a bill from Congress, it becomes law without his signature. You can find out how your legislators voted on environmental issues by consulting the non- partisan Thomas Website maintained by congress or by checking the League of Conservation Voters website.

133 133 Legislative Riders Two types of legislation: 1) authorizing bills become law 2) appropriations provide funds Legislators who cannot gain enough votes to pass projects through regular channels, will often try to add authorizing amendments (riders) into un- related funding bills that they know will pass (e.g. money for veterans).  Industry groups may use this tactic to roll back environmental protections.

134 134 Lobbying Influences Government The NRA, AARP, Sierra Club, Audubon Society and many other groups use this approach.

135 135 An Environmental Protest

136 136 Case Law: The Judicial Branch The Judicial Branch establishes environmental law by ruling on the constitutionality of statutes and interpreting their meaning. Often, congress passes vague environmental laws and lets the courts “fill-in the gaps”

137 137 The Court System The U.S. is divided into 96 federal court districts - Over these are 12 circuit courts of appeals

138 138 The Supreme Court Decides Key Rules 9 Justices determine if a law or policy is consistent with the U.S. constitution and laws passed by congress. Precedence A famous recent case was SWANCC vs. The Army Corps of Engineers (ACOE).  In this case a group of Chicago area towns sought to build a landfill on wetlands, but ACOE refused to issue the permit to allow the landfill.  The Supreme Court ruled in favor of SWANCC.

139 139 Legal Standing Before a trial can start, the litigants must establish that they have standing. Civil vs. Criminal Criminal - Deliberate, egregious pollution cases can lead to criminal prosecution - jail Civil - laws regulating relations between individuals or corporations – monetary damages

140 140

141 141 Civil Law  Common Law - customs and previous court decisions establish precedent  Tort Law - Civil action seeking damage compensation. Being found guilty cannot result in jail, only financial penalties.

142 142 Injunctions Can Provide Relief Environmental groups have been very successful in using injunctions to stop mining or logging operations or to force the government to uphold the Endangered Species Act or air or water pollution laws.

143 143 So how can you change Law Making Process? VOTE Donate to Lobbyists Demonstrate Write to Senator/Representative Speak at committee hearing

144 144 Major Environmental Laws A Review of Major Environmental Laws:  NEPA establishes public oversight –signed into law by President Nixon in 1970 it is the cornerstone of U.S. environmental policy. - Authorized Council on Environmental Quality - Directs federal agencies to take environmental consequences into account in decision making - Requires an Environmental Impact Statement on all major federal projects.

145 145 Air 1955: Air Pollution Control Act PL 84-159 1963: Clean Air Act PL 88-206 1965: Motor Vehicle Air Pollution Control Act PL 89-272 1966: Clean Air Act Amendments PL 89-675 1967: Air Quality Act PL 90-148 1969: National Environmental Policy Act PL 91-190 1970: Clean Air Act Extension PL 91-604 1976: Toxic Substances Control Act PL 94-469 1977: Clean Air Act Amendments PL 95-95 1990: Clean Air Act Amendments PL 101-549

146 146 Water 1948: Water Pollution Control Act PL 80-845 1965: Water Quality Act PL 89-234 1966: Clean Waters Restoration Act PL 89-753 1969: National Environmental Policy Act PL 91-190 1970: Water Quality Improvement Act PL 91-224 1972: Federal Water Pollution Control Amendments of 1972 PL 92-500 1974: Safe Drinking Water Act PL 93-523 1976: Toxic Substances Control Act PL 94-469 1977: Clean Water Act PL 95-217 1987: Water Quality Act PL 100-4 1996: Safe Drinking Water Act Amendments of 1996 2000: Clean Water Act 65 FR 24641 2006: Long Term 2 Enhanced Surface Water Treatment Rule (also "LT2ESWTR" or simply "LT2") 71 FR 654

147 147 Land 1947: Federal Insecticide, Fungicide, and Rodenticide Act 1964: Wilderness Act PL 88-577 1968: Wild and Scenic Rivers Act PL 90-542 1969: National Environmental Policy Act PL 91-190 1970: Wilderness Act PL 91-504 1977: Surface Mining Control and Reclamation Act PL 95- 87 1978: Wilderness Act PL 98-625 1980: Alaska National Interest Lands Conservation Act PL 96-487 1994: California Desert Protection Act PL 103-433 1996: Food Quality Protection Act 2010: California Desert Protection Act

148 148 Endangered Species 1946: Fish and Wildlife Coordination Act PL 79-732 1966: Endangered Species Preservation Act PL 89-669 1969: Endangered Species Conservation Act PL 91-135 1972: Marine Mammal Protection Act PL 92-522 1973: Endangered Species Act PL 93-205 1979: Endangered Species Preservation Act PL 95 335

149 149 Hazardous Wastes 1965: Solid Waste Disposal Act PL 89-272 1969: National Environmental Policy Act PL 91-190 1970: Resource Recovery Act PL 91-512 1976: Resource Conservation and Recovery Act PL 94-580 1980: Comprehensive Environmental Response, Compensation, and Liability Act ("Superfund") PL 96-510 1982: Nuclear Waste Repository Act PL 97-425 1984: Hazardous and Solid Wastes Amendments Act PL 98-616 1986: Superfund Amendments and Reauthorization Act PL 99-499 2002: Small Business Liability Relief and Brownfields Revitalization Act PL 107-118

150 150 Major Environmental Laws The Clean Air Act Regulates Air Emissions  Enacted in 1970  Provided the first nationally standardized rules in the U.S. to identify, monitor and reduce air contaminants  Identified and regulated 7 major “criteria pollutants”, most of which have declined from their 1970 levels.

151 151 Smog Over Los Angeles

152 152 Major Environmental Laws The Clean Water Act Protects Surface Water  Enacted in 1972.  Initial goal was identifying and controlling point source pollutants, end-of-the-pipe discharges, municipal sewage treatments plants and other sources.  Later modified to address non-point source pollutants such as urban storm sewer run-off and to promote water shed-based planning.

153 153 Major Environmental Laws The Endangered Species Act Protects Wildlife  Enacted in 1973, this act provides a structure for identifying and listing species that are vulnerable, threatened or in danger of extinction.  Provides rules for protecting species and their habitats to make species recovery possible.  Administered by the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration.

154 154 Endangered Gray Wolf With Pup

155 155 Major Environmental Laws The Superfund Act Lists Hazardous Sites  Officially named the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).  Allows the EPA to establish liability so that polluters pay for the cleanup of contaminated sites.  The Superfund uses taxpayer dollars to fund cleanups.

156 156 International Governance Controversial Citizens and non-governmental organizations are organizing to protest policies of World Bank, International Monetary Fund, and World Trade Organization.  50,000 people showed up at a rally in Seattle to protest WTP policies.  100,000 people demonstrated violently in Genoa, Italy at meeting of Group of Eight Industrialized Nations.

157 157 Examples: Montreal Protocol on CFCs Kyoto Protocol on Global Warming World opinion can embarrass violators. Trade sanctions can compel compliance. International Treaties and Conventions

158 158 Will Globalization Help? What is globalization? How could it help?

159 159 Dispute Resolution and Planning Wicked Problems – Many environmental problems are called wicked because they have no simple right or wrong answers, but are intractable problems because they are nested within sets of interlocking issues  Often there is a poor match between bearers of costs and bearers of benefits Adaptive Management - A solutions approach designed to test clearly formulated hypotheses about the actions being taken  “Learning by Doing” - monitor results of initial decision and change if need be

160 160 Adaptive Management

161 161 Resilience in Ecosystems and Institutions Most important characteristic of natural systems is their resilience, or ability to recover from disturbance.  Ability to reorganize in creative and constructive ways. Example: secondary succession  Researchers found trying to manage ecological variables one factor at a time leads to less resilient ecosystems.

162 162 Resilience

163 163 Arbitration And Mediation Can Settle Disputes Arbitration is a formal dispute resolution, based in a trial-like setting. Mediation is a process in which disputants are encouraged to come up with a solution on their own under the guidance of a facilitator or mediator.

164 164 Community-Based Planning Working with local communities to gain traditional knowledge and gain local acceptance of management plans  Example: Bay of Fundy project in Nova Scotia

165 165 Some Nations Have Green Plans Green plans are comprehensive, long range national environmental strategies Country with best plan is Netherlands. It specifies 7 principles by which decision making will be guided. Has been successful in improving environment

166 166 William P. Cunningham University of Minnesota Mary Ann Cunningham Vassar College Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. Chapter 25

167 167 What Then Shall We Do?

168 168 A Model For Sustainable Development

169 169 Environmental Education In 1990, Congress passed the National Education Act establishing two goals:  Improve understanding among the general public of the natural and built environment and the relationships between humans and their environment  Encourage post-secondary students to pursue careers related to the environment

170 170

171 171 Environmental Literacy William Reilly, former EPA administrator, called for environmental literacy in which every citizen is fluent in the principles of ecology and has a working knowledge of the environment.  Foster a stewardship ethic  NJDOE – Standards for Environmental Education

172 172 Environmental Education

173 173 Citizen Science Ordinary people join with established scientists to answer real scientific questions  Community-based research was pioneered in the Netherlands in when they combined researchers with students and neighborhood groups to work on research projects  The Audubon Society sponsors a annual Christmas Bird Count.  Earthwatch International and American River Watch are also examples of enlisting the public in scientific research projects.

174 174 Environmental Careers Trained people in environmental professions, at every level from support staff to managers to educators are essential, and those roles will only increase in importance.  World Wildlife Fund estimates 750,000 new jobs in renewable energy in next 10 yrs  Environmental law  Environmental engineering  Environmental education

175 175 Green Business Can resource conservation and environmental awareness be an advantage in business?  Most large companies have an environmental department.  Companies are beginning to design with pollution control and waste disposal in mind.  Huge market for pollution control technology

176 176 How Much Is Enough? Veblen in Theory of the Leisure Class coined the term conspicuous consumption to describe buying things we do not need in order to impress others.  The average American now consumes twice as many goods and services as in 1950 - An average house in the U.S. is now more than twice as big as 50 years ago, even though the typical family has half the number of people. - We need the additional space to hold all the stuff we buy.

177 177 How Much Is Enough? Growing number of people find themselves stuck in a vicious cycle:  Work frantically at a job they hate, to buy things they don’t need, so they can save time to work longer hours.  Some, however, take a cue from Thoreau and are adopting more simple, less consumptive lifestyles.

178 178 We Can Reduce Our Environmental Impacts  Switching from a diet high in red meat to a vegetarian one can save as much energy as trading in a normal car for a hybrid. - It takes only about 2 calories of fossil fuel to grow one calorie of energy in a fruit or vegetable. - The ratio is as high as 80 to 1 for cattle grown in confined feeding operations.

179 179 Green Washing  Nontoxic, biodegradable, recyclable, natural, organic, environmentally friendly Paper or Plastic or Cloth? Mainline Environmental Groups Include:  National Wildlife Federation  World Wildlife Fund  The Audubon Society  The Sierra Club We Can Reduce Our Environmental Impacts

180 180 Mainline Environmental Groups Mass membership, large professional staffs, and long history provide these groups a degree of respectability and influence not found in newer, smaller groups  Mainline environmental organizations are often criticized by radical environmentalists for their tendency to compromise and cooperate with the establishment.  These groups have local chapters, a good way for you to become involved

181 181 Mainline Environmental Groups Some groups have limited contact with members and focus instead on land acquisition, litigation and lobbying.  Environmental Defense Fund  Nature Conservancy  National Resources Defense Council  Wilderness Society

182 182 Radical Groups Capture Media Attention Direct Action Groups  Earth First!  Sea Shepherd  Greenpeace How far should you go in disobeying rules to change public opinion? Whale Wars on TV

183 183 Campus Greening Student Environmental Action Coalition (SEAC) is largest group with some 5000 chapters.  Is there a chapter on your campus? Another important student organizing group is the network of Public Interest Research Groups. You can learn to organize, use media to get your message out. “Step it Up” campaign about global warming was done via internet.  Electronic environmentalism allowed them to organize more than 800 events.

184 184 Schools Can Be Environmental Leaders Schools can do campus audits to study water and energy use, waste disposal, recycling, paper consumption, etc. New buildings should meet U.S. Green Building Council standards. It does not cost any more to build in an environmentally friendly way.  At Carnegie Mellon in Pittsburgh, a kiosk in the dorm shows daily energy use and there are green dorms with natural lighting, clean air and few allergens.

185 185 Colleges Showing Environmental Leadership Dartmouth, Harvard, Stanford and Williams rank at the top for green policies. Berea College in Kentucky got special commendation.  Berea’s ecovillage has a student designed house that produces its own electricity and treats waste water in a living system.  College has a full time sustainability coordinator

186 186 Your Campus Can Reduce Energy Usage Your campus can reduce energy use by  purchasing fuel efficient vehicles  using green building standards  purchasing energy from renewable sources  buying locally produced foods

187 187 Sustainability is a Global Challenge Sustainable Development - use renewable resources in harmony with ecological systems  Developing countries need access to more- efficient, less-polluting technologies - Technology transfer and financial aid - Poverty is at the core of many problems.  The $350 billion/yr needed is small compared to the $1 trillion/yr spent on wars and military.  Need to find compromise between no-growth and unlimited growth

188 188 Millennium Assessment Millennium Assessment done by the U.N. in 2000  All of us depend on ecosystems to provide conditions for decent life.  We have made unprecedented demands on ecosystems to meet growing demands for food, water, fibers for clothing and energy.  These changes improved humans but weakened nature’s ability to purify air and water, protect from disasters.

189 189 Millennium Assessment in 2000  Outstanding problems include the dire state of the world’s fish stocks, the vulnerability of people living in dry regions, and the growing threat of global warming and pollution.  Human actions have taken the planet to the edge of a massive wave of extinctions.  Loss of ecosystem services is a barrier to reducing poverty, hunger, and disease.

190 190 Millennium Assessment in 2000  Pressures on ecosystems will increase globally unless we change our actions.  Conservation is more likely to succeed if local communities are given ownership.  Today’s technology can reduce human impact, but it is unlikely to be deployed fully until we stop thinking of ecosystem services as free and limitless.  Better protection of natural assets requires coordinated efforts of governments, business, and international institutions.


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