Environmental Specialist 220: Environmental Laws, Regulation, and Compliance

Environmental Specialist 220: Environmental Laws, Regulation, and Compliance

Dennis Wilson

CRN36421

HALTEC-207

Tuesday and Thursday, 11:00-12:15

Introduction

• Three branches of government• Process for passing laws• Judicial Review• Executive branch rulemaking powers

Article I, Section I of the U. S. Constitution

“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.”

U. S. Senate

• 100 members• 2 from each state• U. S. Vice President is the President

of the Senate• Run by the Senate Majority Leader• Minority Leader leads the opposition

party• Legislative Committees

House of Representatives

• 435 Members• Districts are proportional based on

population• Run by the Speaker of the House• Also has a Majority Leader• Minority Leader leads the opposition

party• Legislative Committees

Federal Legislative Process

• Member of Congress Introduces a bill to either House or Senate.

• Referred to committee/subcommittee

• Committee holds hearings• Bill is “marked up”• Subcommittee votes

If the subcommittee approves

• Forwarded to the full committee• Committee may approve, hold, or

reject the bill• If approved, it moves to the full

House or Senate• Bill may be amended at any stage in

this process• Repeat in the other chamber

Reconciliation

• Usually, House and Senate versions of a bill have differing language.

• Senate-House Conference Committee reconciles the bill.

• Both chambers approve the final version.

President’s Signature

• Once passed by both chambers, the bill goes to the president for signature.

• The president can sign, veto, or do nothing.

• If the president does nothing, the bill becomes law after 10 days, unless Congress adjourns.– Pocket Veto

Laws Passed by Congress

• Becomes a statute• United States Code• United States Code Annotated• http://uscode.house.gov/

Scoring Your Representative & Senator

• League of Conservation Voters• http://www.lcv.org/scorecard

Pennsylvania General Assembly

• Mirrors U. S. Congress• Senate: 50 members• House: 203 members• Both represent districts based on

population• https://govt.westlaw.com/pac/index?

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Lobbying

• Lobbyists meet with legislators in order to influence the process.

• Most are paid professionals• Some are volunteers

Industry Lobbyists

• Energy Sector spent $225 million lobbying in 2008

• Open Secrets

Environmental Groups

• Spent $11 million in 2008• Moderate: Environmental Defense

Fund and Defenders of Wildlife.• More extreme: Earth First!• Open Secrets

Environmental Lobbying Organizations

Businesses Environmentalists

Business Roundtable Environmental Defense Fund

Chemical Manufacturing Association

National Audubon Society

National Environmental Development Council

National Resources Defense Council

National Chamber of Commerce

Sierra Club

Utility Air Regulation Group Wilderness Society

Hydraulic Fracking

• Method for drilling natural gas• Exempt from many environmental

regulations• Industry lobbyists spent nearly $750

million over the last decade.

Citizens United

• Citizens United v. Federal Election Commission.

• 2010 Supreme Court Decision• Lifted many federal restrictions on

corporate spending.

Citizens United

• Companies and unions can spend unlimited amounts to influence elections.

• 72% of political advertising spent in 2010 were from sources that were prohibited in 2006.

Judicial Branch

• Article II of the U. S. Constitution creates the federal Court System and the U. S. Supreme Court.

• Creates case law or common law.• Law of Precedent

Courts Interprets Law

• “Plain Language” of the statute.• Legislative Intent as found in the

Congressional Record• Statutes are often written broadly.• Courts must apply them based on

specific situations

Stare Decisis

• “Let the decision stand”• Common law guides decisions

based on precedent.• Every case is unique.• When does precedent apply

Judicial Review

• Marbury v. Madison 1803• Supreme Court can declare a statute

unconstitutional • Supreme Court can also overrule

precedent and invalidate previous rulings

Executive Branch

• President• Cabinet – Heads of all executive

departments• Office of Management and Budget• Office Personnel Management

Treaty

• President can enter into treaties with the “advice and consent of the Senate.”

• Once ratified by the Senate, a treaty becomes the supreme law of the land.

• Supersedes state laws• Montreal Protocol – Phased out

CFCs

Executive Orders

• Issued by the president• Order federal agencies to follow

policy• Clarifies how laws are to be

implemented.

EOs are easy to do, but . . . .

• Can also be easily rescinded by the next president.

• Temporary victories• Recently have become politically

contentious. • e. g. President Obama’s EO on

immigration

Signing Statements

• Attached to bills by the president• Often used to dilute laws instead of

vetoing them.• President declares which parts will

not be enforced.• Which parts he believes are

unconstitutional

Administrative Agencies

• EPA• OSHA, etc.• Congress has delegated authority to

these agencies to adopt regulations

Regulations

• Are laws• Based on statutes passed by

Congress• More detailed than statutes• Federal Regulations: ecfr.gov• Pennsylvania Regulations:

pacode.com

Regulatory Process

• Done by unelected officials• Open to public participation and

scrutiny• Proposed rules are published in the

Federal Register.• Proposed PA rules are published in

the PA Bulletin.• Final rules are also published before

adoption.

Conclusion

• Three branches of government• Process for passing laws• Judicial Review• Executive branch rulemaking powers