Actors in Environmental Policy

Seminar 2, Unit 2

Prof. Christopher L. Howard

President of the U.S.• The President of the United States is the head of state and head of government of the

United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces.

• Article II of the U.S. Constitution vests the executive power of the United States in the president and charges him with the execution of federal law, alongside the responsibility of appointing federal executive, diplomatic, regulatory, and judicial officers, and concluding treaties with foreign powers, with the advice and consent of the Senate. The president is further empowered to grant federal pardons and reprieves, and to convene and adjourn either or both houses of Congress under extraordinary circumstances.[3] Since the founding of the United States, the power of the president and the federal government have grown substantially[4] and each modern president, despite possessing no formal legislative powers beyond signing or vetoing congressionally passed bills, is largely responsible for dictating the legislative agenda of his party and the foreign and domestic policy of the United States.[5] The president is frequently described as the most powerful person in the world.[6][7][8][9][10][11]

• The president is indirectly elected by the people through the Electoral College to a four-year term, and is one of only two nationally elected federal officers, the other being the Vice President of the United States.[12] The Twenty-second Amendment, adopted in 1951, prohibits anyone from ever being elected to the presidency for a third full term. It also prohibits a person from being elected to the presidency more than once if that person previously had served as President, or Acting President, for more than two years of another person's term as President. In all, 43 individuals have served 55 four-year terms.[13] On January 20, 2009, Barack Obama became the forty-fourth and current president.

• http://en.wikipedia.org/wiki/President_of_the_United_States

President and policies• The White House

Energy and the Environment - Guiding Principles • "To take this country in a new direction, the President is working with Congress to pass

comprehensive legislation to protect our nation from the serious economic and strategic risks associated with our reliance on foreign oil and the destabilizing effects of a changing climate. Policies to advance energy and climate security should promote economic recovery efforts, accelerate job creation, and drive clean energy manufacturing by:

• Investing in the Clean Energy Jobs of the Future • "President Obama does not accept a future in which the jobs and industries of tomorrow take root

beyond our borders. It is time for the United States to lead again. Under President Obama, we will lead again, by developing an American clean energy industry, a 21st century economy that flourishes within our borders.

• Creating new Jobs in the Clean Energy Economy. Drive the development of new, green jobs that pay well and cannot be outsourced.

• Investing in the Next Generation of Energy Technologies. Invest $150 billion over ten years in energy research and development to transition to a clean energy economy.

• Securing our Energy Future "Our reliance on oil poses a threat to our economic security. Over the last few decades, we have watched our economy rise and fall along with the price of a barrel of oil. We must commit ourselves to an economic future in which the strength of our economy is not tied to the unpredictability of oil markets. We must make the investments in clean energy sources that will curb our dependence on fossil fuels and make America energy independent.

• http://usliberals.about.com/od/environmentalconcerns/a/ObamaEnergyPolicies.htm

Programs• Ensuring Energy Security and Fighting Climate Change • The President has committed to put America on a path to a clean energy economy that improves our energy

security, reduces our use of fossil fuels, and drives a new era of American innovation. The United States recognizes the need to break from old ways that threaten our economy and our planet and the President has committed to investing $150 billion in clean energy research and development over ten years.

• The United States will be a leader in addressing global climate change both by making contributions of our own and engaging other countries to do the same.

• Breaking Dependence on Oil. Promote the next generation of cars and trucks and the fuels they run on. • Producing More Energy at Home. Enhance U.S. energy supplies through responsible development of domestic

renewable energy, fossil fuels, advanced biofuels and nuclear energy. • Promoting Energy Efficiency. Promote investments in the transportation, electricity, industrial, building and

agricultural sectors that reduce energy bills.• Closing the Carbon Loophole and Cracking Down on Polluters "We must take immediate action to reduce the

carbon pollution that threatens our climate and sustains our dependence on fossil fuels. We have had limits in place on pollutants like sulfur dioxide, nitrogen dioxide, and other harmful emissions for some time. After decades of inaction, we will finally close the carbon pollution loophole by limiting the amount of carbon polluters are allowed to pump into the atmosphere.

• Closing the Carbon Loophole. By stemming carbon pollution through a market-based cap, we can address in a systematic way all the energy challenges that we face: curbing our dependence on foreign oil, reducing our use of fossil fuels, and promoting new industries right here in America.

• Protecting American Consumers. Revenues generated by closing the carbon loophole will be returned to the people, especially vulnerable families, communities, and businesses.

• Promoting U.S. Competitiveness. Ensure a level playing field for domestic manufacturing and secure significant actions to combat climate change by our trading partners.“

• http://usliberals.about.com/od/environmentalconcerns/a/ObamaEnergyPolicies.htm

Climate Change• Barack Obama’s election as the next president of the United States should bring substantial changes to the last eight years of

environmental policy and regulation. President-elect Obama ran a successful campaign, with clearly expressed views on climate change, land use, clean air, renewable resources and clean energy technology. In his campaign, Obama established an environmental agenda to “ensure that our nation’s environmental laws and policies balance America’s need for a healthy, sustainable environment with economic growth.” And, it now appears Obama will make good on this promise. With the new Obama Administration comes a new opportunity to revise and influence our country’s environmental laws and policies. This article describes Obama’s publicly available position on environmental issues and overviews the probable regulatory and legislative policies for the next four years.

• A “Change” in Climate Change Regulation• Obama’s campaign made clear that his top priority is combating global warming. His agenda sets forth a detailed and comprehensive plan

to influence climate change policy. With respect to reducing emissions, Obama supports “implementation of a market-based cap-and-trade system to reduce carbon emissions by 80 percent below 1990 levels by 2050.”1 This system will require all pollution credits to be auctioned, on the theory that “a 100 percent auction ensures that all polluters pay for every ton of emissions they release, rather than giving these emission rights away to coal and oil companies.” Under the cap-and-trade program, the power of the market will force reductions to be made in the most effective and flexible manner. Part of the revenue generated by the auctioned allowances will go to research, development and deployment of clean energy technologies, an initiative to help people in the U.S. reduce their energy costs.

• Obama sees climate change not only as a great challenge, but also as a great opportunity to create jobs and innovation in the current economy. He proposes to spend over $150 billion over 10 years on advanced energy technologies. These funds will go to investments in basic research and human capital – creating job training programs for workers to adapt to clean technology development and production. Obama also wants to set standards to allow the market to invest and innovate. The Obama plan will establish a National Low Carbon Fuel Standard to speed up introduction of low carbon, non-petroleum fuels. Obama will also establish a 25 percent federal Renewable Portfolio Standard (RPS) so that 25 percent of electricity consumed will be generated from clean, sustainable energy sources to be achieved by 2025. And finally, Obama will ensure that at least 30 percent of the federal government’s electricity comes from renewable resources by 2020.

• http://www.lorman.com/newsletter/article.php?article_id=1209&newsletter_id=260&category_id=3&topic=CN

Clean Water Act• According to his public statements, Obama believes the quickest way to reduce emissions is through energy efficiency, particularly

efficiency in buildings. Through several innovative initiatives, Obama wants to make all buildings carbon neutral or produce zero emissions by 2030. He proposes to set national goals to increase building energy efficiency and provide incentives for states and localities to implement new building codes that prioritize efficiency. Since many municipalities are already implementing a reward system, such as expedited building approval and the credits for green buildings, we can expect to see these programs implemented across the country with Obama’s support. He will also pursue investing in our national utility grid “to enable a tremendous increase in renewable generation and accommodate 21st century energy requirements, such as reliability, smart metering and distributing storage.”

• The Obama administration also wants the U.S. to be a leader in fighting the effects of climate change around the world. Obama has proposed to re-engage with the United Nations Framework Convention on Climate Change. In addition, he wants to create a global energy forum, bringing the 13 largest energy consuming nations from both the developed and developing world together, to discuss global energy and environmental issues.

• Clean Water and Air• During his presidency, Obama intends to improve the quality of our nation’s lakes, rivers and drinking water. Obama wants to reinvigorate

the federal Environmental Protection Agency so that it will strictly monitor and regulate pollution. He is an advocate for preserving wetlands and supports a broad range of traditional conservation programs, including the North American Wetlands Conservation Act and the Wetland Reserve Program in the Farm Bill.”2 Obama also supports tougher regulations for Concentrated Animal Feeding Operations (CAFOs), including limits on nitrogen, phosphorous, ammonia and other pollutants. Because Obama has lived near the Great Lakes most of his life, he has stated that he has a great affection for their beauty and is aware of their importance to the region’s economy. He said that he will work tirelessly to keep the Great Lakes in pristine condition and help protect against discharges of mercury, sludge and invasive species. Obama also sees the water drought’s impacts on the West and supports federal policies to encourage voluntary water banks, wastewater treatment and other market conservation methods.3

• As a senator, Obama was an outspoken proponent of the Diesel Emissions Reduction Act, which requires cleaner diesel fuels and lower emissions. He also had a strong interest in reducing mercury emissions.

• Community Environmental Concerns• http://www.lorman.com/newsletter/article.php?article_id=1209&newsletter_id=260&category_id=3&topic=CN

Land Use• Based on his experience as a community organizer, Obama is a fervent supporter of protecting children from health hazards caused by

environmental toxins, such as lead, mercury and industrial land waste.4 Obama will “fight to clean brownfields, restore abandoned industrial riverfront sites, and give communities the tools they need to eat healthy foods and expand livable, walkable neighborhoods.”5 Obama not only wants to raise the environmental standards that have gone unenforced in lower income communities, he also wants to raise the quality of living. A reoccurring theme throughout Obama’s environmental agenda is the strengthening of the EPA. Obama wants the EPA to publish rules for how contractors deal with lead paint hazards during renovation and remodeling and he wants the EPA to disclose what the agency is doing to control human exposure to hazardous contaminants. Environmental justice policies are another area that Obama plans to make a priority in the EPA and he wants to ensure that “low-income communities are represented in the EPA’s long-term planning.” Overall, the Obama Administration intends to heavily focus its efforts on environmental issues affecting the underprivileged.

• Land Use• A significant obstacle in Obama’s environmental policy transition is his desire to reverse the Bush Administration policies that he

disagrees with. According to press reports, the Bush Administration is attempting to implement changes to the Endangered Species Act and the Clean Air Act’s power-plant provisions prior to January 20, 2009.6 Additionally, there are several existing rules which several members of Congress hope the new administration will address, including rules governing oil drilling on public lands.7 There is also a strong indication that Obama will reverse the Bush Administration’s rejection of California’s authority to regulate carbon dioxide emissions from automobiles.8

• Current Transition Issues• Currently, the Obama Administration is deploying an “advance team” in preparation for the transition to a new EPA. The team will be

seeking information related to EPA’s organizational structure, staffing, programs and policy issues so that the transition can be “immediately effective.” The team is composed of several former top agency officials, state environmental officials and members of major environmental organizations. They include: New Jersey Department of Environmental Protection Commissioner Lisa Jackson; Robert Sussman, a senior fellow at the Center for American Progress and a former deputy administrator of the EPA; former Congressional Affairs Acting Associate Administrator Julie Anderson; former EPA General Counsel Jonathan Cannon; former EPA Water Chief Charles Fox; Lisa Heinzerling, a Georgetown University law professor who wrote the plaintiffs’ arguments in the landmark Massachusetts v. EPA Supreme Court case; John Darin, Director of the Sierra Club’s Illinois Chapter; and Progressive Policy Institute senior scholar Jan Mazurek.9

• In addition, Rep. Henry Waxman (D-CA) the new chairman of the U.S. House of Representatives Committee on Energy and Commerce, has indicated that he will push hard for the changes that Obama promised to bring.10 Waxman will likely push for sweeping global warming and other environmental legislation.

• http://www.lorman.com/newsletter/article.php?article_id=1209&newsletter_id=260&category_id=3&topic=CN

Congress• The United States Congress is the bicameral legislature of the

federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C.

• Both senators and representatives are chosen through direct election. Each of the 435 members of the House of Representatives represents a district and serves a two-year term. House seats are apportioned among the states by population. Each state, regardless of population, has two senators; since there are fifty states, there are one hundred senators who serve six-year terms. The terms are staggered, so every two years, approximately one-third of the Senate is up for election. While it's theoretically possible to have total turnover in the House every two years and in the Senate every six years, actual turnover is much less, since most incumbents seek re-election, and their historical likelihood of winning subsequent elections exceeds 90%.[1]

• http://en.wikipedia.org/wiki/United_States_Congress

Political Parties

• A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions. Parties often espouse an expressed ideology or vision bolstered by a written platform with specific goals, forming a coalition among disparate interests.

• http://en.wikipedia.org/wiki/Political_party

Parties and Environment

• So when Republicans take over the House and expand their Senate numbers this fall, there's plenty of room for major shifts on the eco-front. Things can always get worse. That's especially true when you consider that, by and large, the new crop of conservative candidates doesn't believe in global warming (quite a few of them even believe that climate scientists are engaged in a sinister conspiracy). So here's a rundown of what to expect from a GOP Congress in the next two years:

• Cap-and-trade is dead. Okay, a cap on carbon emissions fizzled out this year, too. But it at least passed the House and had a decent base of support in the Senate. Next year, cap-and-trade certainly won't go anywhere in a Republican-controlled House. In the upper chamber, meanwhile, John Kerry has said he'd like to keep toiling away on the issue, but the Senate's not getting any greener. (That's true on both sides of the aisle, by the way. Just look at West Virginia: Robert Byrd may have had a deathbed conversion on coal, but the Democrat hoping to replace him, Joe Manchin, recently cut an ad where he was blasting away at cap-and-trade legislation with a rifle.)

• http://www.tnr.com/blog/jonathan-cohn/78587/the-environment-doomed-once-republicans-take-congress

• .

Parties and EPA• The knives come out for the EPA. Right now, Lisa Jackson's EPA is the country's last defense

against endlessly rising carbon emissions. Thanks to a 2007 Supreme Court decision, the agency is supposed to start regulating greenhouse gases as soon as next year. That's not a perfect substitute for cap-and-trade—realistically, agency officials estimate they could only cut emissions 5 percent below 2005 levels by 2020—but it's a start. (Here's my primer on what EPA action would entail.) What's more, the EPA is unfurling a number of rules on pollutants like sulfur-dioxide and nitrogen-dioxide, all of which could force utilities to shut down their oldest, dirtiest coal plants in the coming years.

• That is, unless Republicans can stop the EPA. And they'll certainly try. Yesterday, the likely head of the House energy committee, Fred Upton, wrote an op-ed in The Washington Times declaring war on the new pollution rules. For one, Republicans will try to pass resolutions stripping the EPA of its authority over greenhouse gases; Kit Bond, for one, has promised to attach just such a rider to every new bill that moves through the Senate. Granted, Obama can veto these bills—and, as Jon Chait points out, he's in a good position to win p.r. battles over the environment, just as Bill Clinton did in 1995. But this will come up again and again.

• Slashing green budgets. If House Republicans can't neuter the EPA directly, they can always try a sneakier, less overt approach—mucking with the budget. Back in 1995, Newt Gingrich's crew managed to slash EPA funding by 25 percent, forcing the agency to cut back on inspections and criminal enforcement. And those budget cuts can have a big effect on policy: That same year, the GOP also managed to block funding necessary to enforce the Clinton administration's new fuel-economy rules. Expect similar fights over the Interior and Transportation budgets

• http://www.tnr.com/blog/jonathan-cohn/78587/the-environment-doomed-once-republicans-take-congress

Courts• The United States district courts are the general federal trial courts, although in many

cases Congress has passed statutes which divert original jurisdiction to the above-mentioned specialized courts or to administrative law judges (ALJs). In such cases, the district courts have jurisdiction to hear appeals from such lower bodies.

• The United States courts of appeals are the federal intermediate appellate courts. They operate under a system of mandatory review which means they must hear all appeals of right from the lower courts.

• The Supreme Court of the United States is the supreme court (court of last resort). It generally is an appellate court that operates under discretionary review; meaning that the Court, through granting of writs of certiorari, can choose which cases to hear. There is generally no right of appeal to the Supreme Court. In a few situations (like lawsuits between state governments or some cases between the federal government and a state) it sits as a court of original jurisdiction. Such matters are generally referred to a designated individual (usually a sitting or retired judge or well-respected attorney) to sit as a special master and report to the Court with recommendations.

• http://en.wikipedia.org/wiki/United_States_federal_courts

Government Agencies• government agency is a permanent or semi-permanent organization in the

machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency. There is a notable variety of agency types. Although usage differs, a government agency is normally distinct both from a Department or Ministry, and other types of public body established by government. The functions of an agency are normally executive in character, since different types of organisation (such as commissions) are normally used for advisory functions, but this distinction is often blurred in practice.

• A government agency may be established by either a national government or a state government within a federal system. (The term is not normally used for an organization created by the powers of a local government body.) Agencies can be established by legislation or by executive powers. The autonomy, independence and accountability of government agencies also vary widely.

• http://en.wikipedia.org/wiki/Government_agency

Interest Groups• Advocacy groups (also pressure groups, lobby groups and some interest

groups and special interest groups) use various forms of advocacy to influence public opinion and/or policy; they have played and continue to play an important part in the development of political and social systems. Groups vary considerably in size, influence and motive; some have wide ranging long term social purposes, others are focused and are a response to an immediate issue or concern.

• Motives for action may be based on a shared political, faith, moral or commercial position. Groups use varied methods to try to achieve their aims including lobbying, media campaigns, publicity stunts, polls, research and policy briefings. Some groups are supported by powerful business or political interests and exert considerable influence on the political process, others have few such resources.

• Some have developed into important social, political institutions or social movements. Some powerful Lobby groups have been accused of manipulating the democratic system for narrow commercial gain[1] and in some instances have been found guilty of corruption, fraud, bribery and other serious crimes;[2] lobbying has become increasingly regulated as a result. Some groups, generally ones with less financial resources, may use direct action and civil disobedience and in some cases are accused of being a threat to the social order or 'domestic extremists'.[3]

• http://en.wikipedia.org/wiki/Advocacy_group

Lobbying

• Lobbying (also Lobby) is the intention of influencing decisions made by legislators and officials in the government by individuals, other legislators, constituents, or advocacy groups. A lobbyist is a person who tries to influence legislation on behalf of a special interest or a member of a lobby. Also, governments often define and regulate organized group lobbying that has become influential.

• http://en.wikipedia.org/wiki/Lobbying

Wrapping It Up

• President• Policies, programs, climate change, clean water

act and land use• Congress• Political Parties• Parties and the environment and EPA• Courts• Agencies• Interest Groups• Lobbying