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Today’s class Learning styles typology Learning styles typologytypology Hardin’s Tragedy of the Commons Hardin’s Tragedy of the Commons why is it so hard.

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Presentation on theme: "Today’s class Learning styles typology Learning styles typologytypology Hardin’s Tragedy of the Commons Hardin’s Tragedy of the Commons why is it so hard."— Presentation transcript:

1 Today’s class Learning styles typology Learning styles typologytypology Hardin’s Tragedy of the Commons Hardin’s Tragedy of the Commons why is it so hard to make environmental laws that work right the first time? why is it so hard to make environmental laws that work right the first time? Implementing laws Implementing laws

2 What is the tragedy of the commons? List a range of possible solutions. List a range of possible solutions. Identify problems or limitations for each one. Identify problems or limitations for each one.

3 solutions: governmental intervention governmental intervention contract enforcement contract enforcement create private property rights create private property rights regulation/ laws regulation/ laws incentives incentives permits permits taxes taxes

4 Our understanding of environmental problems has evolved from end-of-pipe, command & control to questions of land- use, economic efficiencies, and individual behavioral change. Our understanding of environmental problems has evolved from end-of-pipe, command & control to questions of land- use, economic efficiencies, and individual behavioral change.

5 Environmental Justice possibility of environmental racism acknowledged as early as 1971 possibility of environmental racism acknowledged as early as 1971 largely ignored for ten years largely ignored for ten years –1987: United Church of Christ Commission for Racial Justice: evidence of inequities based on race

6 Executive Order federal agencies and grant recipients must demonstrate environmental equity in program implementation federal agencies and grant recipients must demonstrate environmental equity in program implementation

7 Implementing environmental laws Why environmental laws go awry: A framework of policy implementation

8 What is implementation? Making the law or program work Making the law or program work neither straightforward or guaranteed neither straightforward or guaranteed depends upon a number of factors depends upon a number of factors

9 Example Identify how many ways you could get from campus to downtown Green Bay Identify how many ways you could get from campus to downtown Green Bay How about from here to Madison? To Washington D.C? How about from here to Madison? To Washington D.C? Implementation challenges expand as policies become more complex Implementation challenges expand as policies become more complex

10 implementation framework Extrinsic and intrinsic variables Extrinsic and intrinsic variables

11 Questions for discussion Why is implementation difficult? Why does each law tell a different story? What is the role of states in implementing environmental laws? What factors of the implementation framework seem most important? Why?

12 Federal-state working relationships affect implementation affect implementation may be both positive or negative may be both positive or negative can be described as a function of mutual trust and involvement can be described as a function of mutual trust and involvement

13 Environmental federalism state environmental laws were preempted by national law state environmental laws were preempted by national law “partial preemption”: states may assume primacy, but federal agency can reassume programmatic responsibility “partial preemption”: states may assume primacy, but federal agency can reassume programmatic responsibility Carrot: federal funding Carrot: federal funding Stick: federal oversight Stick: federal oversight

14 Exercise using the working relationship typology, decide which quadrant represents the best fit in the organization where you work or know about using the working relationship typology, decide which quadrant represents the best fit in the organization where you work or know about Do you agree that trust and involvement are central to effective working relationships? Why or why not? Do you agree that trust and involvement are central to effective working relationships? Why or why not?

15 Old relationship paradigm relying on agency outputs, closer oversight, in a partial-preemption federal- state arrangement relying on agency outputs, closer oversight, in a partial-preemption federal- state arrangement

16 1990s: Context for a new paradigm Growing concern about unfunded or underfunded mandates Growing concern about unfunded or underfunded mandates Increasing capacity of state agencies Increasing capacity of state agencies National Performance Review and “reinventing government” National Performance Review and “reinventing government” Govt. Performance and Results Act Govt. Performance and Results Act

17 New paradigm (1995--) National Environmental Performance Partnership System National Environmental Performance Partnership System –new flexibility for states (PPA) –more control over funding (PPG) –focus on OUTCOMES (Core performance measures)

18 Working relationship model revisited Are working relationships “never better” or are they never better? NEPPS is difficult to put into practice, illustration of complexity of environmental law and implementation

19 Performance Partnerships PPGs--block grants rather than media- specific categorical grants PPGs--block grants rather than media- specific categorical grants focus on policy outcomes rather than agency outputs focus on policy outcomes rather than agency outputs increases flexibility for states increases flexibility for states

20 Common law understood legal duty to avoid causing harm to others understood legal duty to avoid causing harm to others tort: common law civil wrong for which a person may seek a remedy tort: common law civil wrong for which a person may seek a remedy no statutory or contractual basis no statutory or contractual basis

21 Common law and the environment –exposure to environmental conditions that may harm persons or property “toxic torts”: persons who suffered harm as a result of exposure to toxic substance “toxic torts”: persons who suffered harm as a result of exposure to toxic substance –substances that by inhalation, ingestion, dermal exposure cause physical injury or disease three types of torts used for environmental injuries three types of torts used for environmental injuries –nuisance, trespass, negligence

22 What can the court do? –compensatory damages: $ to compensate for actual harm –general damages: $ for injuries for which an exact amount is not known (pain and suffering) –punitive damages: $ designed to punish reprehensible behavior –injunction: court prohibits conduct (interlocutory or permanent) –may use one or more remedies

23 Private Nuisance –use of property that interferes with your neighbor’s use and enjoyment of her property –defenses include failure to demonstrate causation failure to demonstrate causation failure to demonstrate injury failure to demonstrate injury balancing of the equities: balancing of the equities: –coming to the nuisance

24 Public nuisance –unreasonable interference with a right common to the general public –significant interference with the public health, safety or comfort –defenses include failure to show causation failure to show causation failure to demonstrate harm failure to demonstrate harm balancing of the equities balancing of the equities

25 Trespass interference with the possession of property (chattels or land) interference with the possession of property (chattels or land) –must prove: invasion; ownership; disturbance in the property –need not demonstrate physical harm –need not prove wrongful motive –need not be a person

26 Negligence failing to do something that a reasonable person, guided by ordinary considerations, would do failing to do something that a reasonable person, guided by ordinary considerations, would do –defendant under a duty to conform to a standard of conduct –defendant breached that duty –“proximate cause” : injury would not have occurred but for that action –plaintiff suffered loss

27 Negligence per se violation of an environmental law, which is the proximate cause of the injury, may be seen as negligence “per se” and therefore render the defendant liable in a civil action violation of an environmental law, which is the proximate cause of the injury, may be seen as negligence “per se” and therefore render the defendant liable in a civil action

28 Strict liability –assessment of liability for damages without a showing of negligence –person engaged in ultrahazardous activity is liable for any harm that results, regardless of the care exercised to prevent that harm

29 Exercises Sue Jones stores gasoline in a 55 gallon drum in her yard. A prankster throws a lit match into the drum. The explosion damages the neighbor’s garage. Cause(s) of action? Does Sue have any defense? Sue Jones stores gasoline in a 55 gallon drum in her yard. A prankster throws a lit match into the drum. The explosion damages the neighbor’s garage. Cause(s) of action? Does Sue have any defense? Michael Jackson comes into your yard and starts singing. What can you do? Michael Jackson comes into your yard and starts singing. What can you do? Paula Jones, after winning a big lawsuit, buys a condo near the airport. She brings a nuisance action, arguing that the airplanes make too much noise. What are her chances? Paula Jones, after winning a big lawsuit, buys a condo near the airport. She brings a nuisance action, arguing that the airplanes make too much noise. What are her chances?

30 Tuesday: three cases Come prepared to answer the questions in the syllabus

31 Why not rely on common law? identify some major shortcomings of common law identify some major shortcomings of common law


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