Presentation on theme: "June 2002 Environmental Law— Survey of Environmental Statutes Geraldine V. Cox, Ph.D."— Presentation transcript:
June 2002 Environmental Law— Survey of Environmental Statutes Geraldine V. Cox, Ph.D.
June 2002 “Politics are almost as exciting as war, and quite as dangerous. In war you can only be killed once, but in politics many times” Winston Churchill Remarks (1920)
June 2002 Course Objectives — Understanding The Process Stimulus for LegislationStimulus for Legislation Process of Federal Law-MakingProcess of Federal Law-Making Committee StructureCommittee Structure How Laws ChangeHow Laws Change Which Laws effect Environmental PracticesWhich Laws effect Environmental Practices What are Our Obligations as Scientists and EngineersWhat are Our Obligations as Scientists and Engineers
June 2002 You will learn to use the law You will not become a lawyer in this classYou will not become a lawyer in this class You will be able to research and understand the laws and the processes that make the lawsYou will be able to research and understand the laws and the processes that make the laws
June 2002 "Many forms of Government have been tried, and will be tried in this world of sin and woe. No one pretends that democracy is perfect or all-wise. Indeed, it has been said that democracy is the 'worst' form of Government except all those others that have been tried from time to time." Sir Winston Churchill House of Commons, 11 Nov. 1947
June 2002 Environmental Law is a Continual Evolution Law livesLaw lives Laws change by:Laws change by: –Funding –Regulations –Judicial Mandates –Amendments –Public opinion Laws are reiterative.Laws are reiterative.
June 2002 Types of Laws ComplianceCompliance ConservationConservation CleanupCleanup Pollution PreventionPollution Prevention Health and SafetyHealth and Safety AdministrativeAdministrative
June 2002 Compliance Clean Air ActClean Air Act Clean Water ActClean Water Act Resource Conservation and Recovery ActResource Conservation and Recovery Act Safe Drinking Water ActSafe Drinking Water Act Solid Waste Disposal ActSolid Waste Disposal Act Federal Insecticide, Fungicide and Rodenticide Act The Oil Pollution Act Ocean Dumping
June 2002 Conservation National Environmental Policy Act of 1969 (NEPA)National Environmental Policy Act of 1969 (NEPA) The Endangered Species Act (ESA)The Endangered Species Act (ESA) Marine Mammals ActMarine Mammals Act Coastal Zone Management ActCoastal Zone Management Act Marine Protection, Research and Sanctuaries ActMarine Protection, Research and Sanctuaries Act Endangered Species ActEndangered Species Act Migratory Bird Treaty ActMigratory Bird Treaty Act National Historic Preservation ActNational Historic Preservation Act Archaeological Resources Protection ActArchaeological Resources Protection Act
June 2002 Cleanup Comprehensive Liability Emergency Response and Liability Act (CLERCLA or SUPERFUND)Comprehensive Liability Emergency Response and Liability Act (CLERCLA or SUPERFUND) Resource Conservation and Recovery ActResource Conservation and Recovery Act Oil Pollution ActOil Pollution Act
June 2002 Pollution Prevention Emergency Planning and Community Right to Know ActEmergency Planning and Community Right to Know Act Pollution Prevention ActPollution Prevention Act Toxic Substances Control ActToxic Substances Control Act
June 2002 Administrative Procedures Administrative Procedures ActAdministrative Procedures Act Freedom of Information ActFreedom of Information Act The Privacy ActThe Privacy Act Citizen SuitsCitizen Suits
June 2002 Branches of Federal Government The United States system of government, established by the Constitution, provides for three separate but equal branches of governmentThe United States system of government, established by the Constitution, provides for three separate but equal branches of government –Legislative –Executive –Judicial
June 2002 Executive Branch The PresidentThe President –May Suggest Legislation to Congress –Appoints Cabinet & Agency Executives Overseas Agencies and DepartmentsOverseas Agencies and Departments –Issues Executive Orders –Promulgates Regulations –Enforces Regulations –Appoints Judiciary –Prepares and Manages Budget
June 2002 Legislative Develops and Passes LegislationDevelops and Passes Legislation Appropriates & Authorizes BudgetsAppropriates & Authorizes Budgets Reauthorizes and Amends LegislationReauthorizes and Amends Legislation Senate Confirms or Denies Judicial, Key Administration and Ambassadorial AppointmentsSenate Confirms or Denies Judicial, Key Administration and Ambassadorial Appointments
June 2002 For More Information home/lawsmade.toc.html
June 2002 House Committees The Committee on Energy and CommerceThe Committee on Energy and Commerce The Committee on ScienceThe Committee on Science The Committee on Education and WorkforceThe Committee on Education and Workforce
June 2002 Subcommittees House Committee on Energy and Commerce Commerce, Trade and Consumer ProtectionCommerce, Trade and Consumer Protection Energy and Air QualityEnergy and Air Quality Environmental and Hazardous MaterialsEnvironmental and Hazardous Materials HealthHealth Oversight and InvestigationsOversight and Investigations Telecommunications and the InternetTelecommunications and the Internet
June 2002 Subcommittee on Air Quality JurisdictionJurisdiction –National energy policy generally; –Fossil energy, renewable energy resources and synthetic fuels; energy conservation; energy information; energy regulation and utilization; –Utility issues and regulation of nuclear facilities; –Interstate energy compacts; –Nuclear energy and waste; –The Clean Air Act; and, –All laws, programs, and government activities affecting such matters.
June 2002 Subcommittee on Environment and Hazardous Materials JurisdictionJurisdiction –Environmental protection in general, including the Safe Drinking Water Act and risk assessment matters; –Solid waste, hazardous waste and toxic substances, including Superfund and RCRA; –Mining, oil, gas, and coal combustion wastes; and, –Noise pollution control.
June 2002 Subcommittee on Workforce Protection Jurisdiction:Jurisdiction: –occupational safety and health –mine health and safety –youth camp safety, and migrant and agricultural labor health and safety –Wages and Hours — Davis-Bacon Act, Walsh- Healey Act, Fair Labor Standards Act, including child labor –workers’ compensation — Longshore and Harbor Workers’ Compensation Act, –Federal Employees’ Compensation Act, Migrant and Seasonal Agricultural Worker Protection Act, Service Contract Act, Family and Medical Leave Act, Worker Adjustment and Retraining Notification Act, Employee Polygraph Protection Act of 1988 –oversight of compulsory union dues within the jurisdiction of another subcommittee.
June 2002 Senate Committees Agriculture, Nutrition and ForestryAgriculture, Nutrition and Forestry Armed ServicesArmed Services Banking, Housing and Urban AffairsBanking, Housing and Urban Affairs BudgetBudget Commerce, Science and TransportationCommerce, Science and Transportation Small busineesSmall businees Veterans’ AffairsVeterans’ Affairs Energy and National Resources Environment and Public Works Finance Foreign Relations Judiciary Health, Education, Labor and Pensions Rules and Administration
June 2002 Health, Education and Labor 1.Measures relating to education, labor, health, and public welfare 2.Aging 3.Agricultural colleges 4.Arts and humanities 5.Biomedical research and development 6.Child labor 7.7.Convict labor and the entry of goods made by convicts into interstate commerce 8.Domestic activities of the American National Red Cross 9.Equal employment opportunity 10.Gallaudet College, Howard University, and Saint Elizabeths Hospital 11. Handicapped individuals 12. Labor standards and labor statistics 13. Mediation and arbitration of labor disputes 14. Occupational safety and health, including the welfare of miners 15. Private pension plans 16. Public health 17. Railway labor and retirement 18. Regulation of foreign laborers 19. Student loans 20. Wages and hours of labor
June 2002 Public Works and Environment Department and Agency OversightDepartment and Agency Oversight –Department of the Interior's Fish and Wildlife Service, –Department of Transportation's Federal Highway Administration and the Coast Guard, –Department of Commerce's Economic Development Administration and National Oceanic and Atmospheric Administration, –Department of Agriculture's Natural Resources Conservation Service, –Environmental Protection Agency, –GSA's Public Buildings Service, –Council on Environmental Quality, –Civil works program of the U.S. Army Corps of Engineers –Tennessee Valley Authority, –Appalachian Regional Commission, –Nuclear Regulatory Commission, –Federal Emergency Management Agency, –Mississippi River Commission, –Nonperforming functions of the John F. Kennedy Center for the Performing Arts.
June 2002 Committee on Energy and Natural Resources Jurisdiction :Jurisdiction : –National Energy Policy, including international energy affairs and emergency preparedness –strategic petroleum reserves –Outer Continental Shelf leasing –nuclear waste policy –privatization of federal assets –territorial affairs, including Freely Associated States –regulation of Trans-Alaska Pipeline System and other oil or gas pipeline transportation systems within Alaska –National Petroleum Reserve-Alaska –Alaska National Interest Lands Conservation Act –Antarctica –Arctic research and energy development –Native Hawaiian matters
June 2002 Judicial Hear Appeals on Contested RegulationsHear Appeals on Contested Regulations Interprets Text of LawInterprets Text of Law Determines Constitutionality of the LawDetermines Constitutionality of the Law Can Declare Regulations Invalid Based on Case LawCan Declare Regulations Invalid Based on Case Law Can Remand RulesCan Remand Rules Can Vacate RulesCan Vacate Rules
June 2002 The Process — Overview
June 2002 Laws are like sausages. It’s better not to see them being made. —Otto von Bismark
June 2002 Evolution of Laws Laws are the result of public pressure based on perception.Laws are the result of public pressure based on perception. Events and perceptions prompt introduction of legislation.Events and perceptions prompt introduction of legislation. Most legislation isn’t passed.Most legislation isn’t passed. Legislation is too often after the fact, rather than anticipatory.Legislation is too often after the fact, rather than anticipatory.
June 2002 All bad precedents began As justifiable measures. —Julius Caesar (Quoted in Sallust’s Conspiracy of Cataline 1 St. Century BC)
June 2002 First Air Pollution Law Resulted from 20 fatalities from air pollution event in Donora, Pennsylvania Similar events in London, England and Belgium prompted first modern pollution laws
June 2002 History of Environmental Laws
June 2002 Ability to Control Outcome
June 2002 It is the duty of the President to Propose and it is the duty of Congress to dispose. —Franklin D. Roosevelt (Press Conference July 23, 1937)
June 2002 The Legislative Process Issues EmergeIssues Emerge Congress Decides to Hold Fact-Finding HearingCongress Decides to Hold Fact-Finding Hearing Studies and Testimony Shape the issueStudies and Testimony Shape the issue Policy Issues EmergePolicy Issues Emerge Public Interest, Media and the Administration Pressure for LegislationPublic Interest, Media and the Administration Pressure for Legislation Bills Develop and get IntroducedBills Develop and get Introduced
June 2002 "Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself." "Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself." -- quoted in A.B. Paine's Mark Twain: A Biography (Harper, 1912, Vol. 2, page 724).
June 2002 The General Accounting Office is the investigative arm of Congress...
June 2002 Congressional Research Service Congressional Research Service (CRS), part of the Library of Congress, prepares its reports for the U.S. Congress. Congressional Research Service (CRS), part of the Library of Congress, prepares its reports for the U.S. Congress.
June 2002 Facts, or what a man believes to be facts, are delightful... Get your facts first, and then you can distort them as much as you please. — Samuel Clements
June 2002 National Academies "... the Academy shall, whenever called upon by any department of the Government, investigate, examine, experiment, and report upon any subject of science or art...." With these words, Congress established the National Academy of Sciences in 1863, at the height of the Civil War. "... the Academy shall, whenever called upon by any department of the Government, investigate, examine, experiment, and report upon any subject of science or art...." With these words, Congress established the National Academy of Sciences in 1863, at the height of the Civil War.
June 2002 To keep pace with the growing importance of science and technology, the institution that was founded in 1863 eventually expanded to include the National Research Council in 1916, the National Academy of Engineering in 1964, and the Institute of Medicine in Collectively, these organizations are called the National Academies. National Academies (Cont.)
June 2002 "I gather, young man, that you wish to be a Member of Parliament. The first lesson that you must learn is, when I call for statistics about the rate of infant mortality, what I want is proof that fewer babies died when I was Prime Minister than when anyone else was Prime Minister. That is a political statistic." —Sir Winston Churchill collection Copyright: Kevin Harris 1995
June 2002 The Initial Bill Draft House introduces financial bills first, H.R. Number Senate introduces other bills, S. Number Bills are not carried from one session to another Laws are numbered by Session and sequence, P.L. #-# and by United States Code (USC)
June 2002 Simplified Process
June 2002 Executive Branch Signs or Vetoes BillSigns or Vetoes Bill Begins Administrative Promulgation Process with study of Law and Legislative HistoryBegins Administrative Promulgation Process with study of Law and Legislative History ANPR (optional)ANPR (optional) PRPR RuleRule Published in Code of Federal Register (CFR)Published in Code of Federal Register (CFR)
June 2002 Simplified Regulatory Process
June 2002 It usually takes a hundred years to make a law, and then after it has done its work, it usually takes a hundred years to get rid of it. —Henry Ward Becker PROVERBS FROM PLYMOUTH PULPIT (1887)
June 2002 Amendments ReauthorizationReauthorization –Many statutes have a limited lifespan and require reauthorization to continue. Superfund (CERCLA)Superfund (CERCLA) RCRARCRA CAACAA –Others are updated as needed TechnicalTechnical –Judicial mandate
June 2002 Programmatic Controls Congress authorizes budgets for programsCongress authorizes budgets for programs Congress appropriates budgets for programsCongress appropriates budgets for programs The Executive Branch may delay:The Executive Branch may delay: –Regulation development –Implementation of new programs –By not requesting funding
June 2002 "That government is best which governs the least, because its people discipline themselves." "That government is best which governs the least, because its people discipline themselves." — Thomas JeffersonThomas Jefferson
June 2002 No Law is appropriate for All. —Livy, AB Urbe Condita c. 29 B.C.
June 2002 Sources of Environmental Law Sources of Environmental Law Common Law RootsCommon Law Roots –Private Nuisance Copper SmeltersCopper Smelters –Public Nuisance Typhoid from sewageTyphoid from sewage
June 2002 Ducktown Sulphur Madison vs. Ducktown SulphurMadison vs. Ducktown Sulphur –Plaintiffs are small farmers –Little agricultural value to land –Ducktown Sulphur purchased timber from land in early settlement attempt
June 2002 Typhoid Fever Deaths in St. Louis, MO, by Year,
June 2002 The Course Outline Week OneWeek One –Overview Week TwoWeek Two –Waste Management (RCRA) Week ThreeWeek Three –Pollution Prevention Week FourWeek Four –CERCLA Week Five –Control of Toxics Week Six –Air Pollution Control Week Seven –Water Pollution Control Week Eight –Land Use Regulation
June 2002 The Course Outline (Cont.) Week NineWeek Nine –Environmental Assessment and Biodiversity Protection –Environmental Enforcement Week Ten –Protection of the Global Environment –International Trade and the Environment –Standards as Non- Governmental Controls