PUAF 740 -- Public Policy and the Environment
Robert H. Nelson
Spring 2005
About 35 years ago, the quality
of the environment became a leading concern of national policy makers in the
Other areas of
The environmental legislation of the past 35 years has had major impacts on American society. It has yielded significant improvements in the quality of the environment. Complying with environment regulation has become an important concern of businesses in many industries. The direct costs of meeting environmental requirements exceed $100 billion per year and the indirect costs may be just as great. The rules and regulations of the Environmental Protection Agency arguably have more impact on the American economy than those of any other federal agency.
Given its wide impacts, it should
be no surprise that
This course will examine these
and other issues in
Themes and issues that will run throughout the course will include:
1. Have environmental laws worked effectively to improve the quality of the environment?
2. How can society go about establishing environmental policies when there are large scientific uncertainties?
3. How useful are concepts and methods such as risk analysis, benefit-cost analysis, cost effectiveness, and others in addressing environmental policy problems?
4. To what degree is the making of environmental policy an exercise in deciding social values, perhaps even dependent on ethical beliefs of a cultural or quasi-religious character?
There will be a mid term and a final exam. Grading will be based on the following considerations and weights:
Mid-term Exam -- 20%
Term Paper -- 25%
Final Exam -- 35%
Class Discussion -- 20%
A term paper (about 15-20 pages double spaced) will be required of each student, analyzing a specific area of environmental controversy (e.g., the regulation of a particular chemical, the recovery plan for a particular species). A one-page proposal for a topic will be due on February 2. Final papers will be due May 11. A first draft of the paper should be turned in by March 30. Based on these drafts, and depending on class size and time available, some papers may be selected for presentation to the class. The instructor will respond with comments on the submitted draft and meetings to discuss the draft papers may be scheduled.
The readings will
come from two books available for purchase at the book store and a diverse set
of articles, government reports, newspaper columns and other materials. Many of
these materials are available on the web.
Materials not available on the web will be provided in a set of copies
available in three locations: the
The books to be purchased are:
James Salzman
and Barton H. Thompson, Environmental Law
and Policy (
Cass R. Sunstein,
Risk and Reason: Safety, Law, and the
Environment (
Class Discussion
Class discussion will be an
important part of the course. Students should
read the assigned readings before class and come prepared to ask questions and
discuss them. Each class will begin with
presentation of a news item of interest from the previous week. Students will be assigned to specific class
days for which they will be responsible for presenting the news item of the
week. Following this discussion of
current news, the class will explore a policy controversy relating to the
syllabus readings assigned for that week.
This exploration will include presentation of pros and cons for a
particular policy position or action.
Individual students again will be assigned to develop the pro position
and the con position for specific class days.
A list of policy issues to be discussed by class date will be
distributed separately.
Contacting Me
I can be reached by telephone at my office at 301-405-6345 or at home at 301-656-3339 (I often work at home, so feel free to call there). My email address is nelsonr@umd.edu. Each student is encouraged to set up an appointment in my office (Van Munching, 3131) to discuss their paper topic or any other matters of concern.
SCHEDULE OF CLASSES AND
Background to Environmental Policy
January 26 -- Setting the Stage
“The Rise of Modern Environmentalism,”
in Richard N. L. Andrews, Managing the
Environment, Managing Ourselves; A History of American Environmental Policy
(New Haven, CT: Yale University Press, 1999), Ch. 11, pp. 201-226. Richard
Andrews is professor of environmental policy at the
“Nationalizing
Pollution Control,” in Andrews, Managing
the Environment, Managing Ourselves,
Salzman and Thompson, pp. 1-75.
Eric T. Freyfogle,
“Five Paths of Environmental Scholarship,” University
of
February 2 – “Second-Generation” Environmental Policy
William
D. Ruckelshaus, "Stopping the Pendulum," Environmental Forum (November/December 1995). Available on web (Ruckelshaus
-- www.csis.org/e4e/pendulum.html
). William
Ruckelshaus is the only person to have served twice (in the Nixon and Reagan administrations)
as Administrator of EPA.
Oliver Houck, “Tales from a
Troubled Marriage: Science and Law in Environmental Policy,” Science (
Richard
Stewart, “A New Generation of Environmental Regulation?,”
Denise
Scheberle, “Devolution,” in Robert F. Durant, Daniel
J. Fiorino, and Rosemary O’Leary, eds., Environmental Governance Reconsidered:
Challenges, Choices, and Opportunities (
February 9 – Environmental Policy from an Economic
Perspective
Sheila M.
Cavanaugh, Robert W. Hahn, and Robert N. Stavins, National Environmental Policy During the
Clinton Years, Discussion Paper 01-38, Resources for the Future,
Washington, DC (September 2001), pp. 1-43.
Available at RFF web site. (http://www.rff.org/rff/Documents/RFF-DP-01-38.pdf
). Robert
Hahn (American Enterprise Institute) and Robert Stavins
(
Richard
L. Revesz and Robert N. Stavins,
Environmental Law and Policy,
Discussion Paper 04-30, Resources for the Future,
Barton H. Thompson, Jr., “What Good is Economics?,” Environs: Environmental Law and Policy Journal (Fall 2003), pp. 176-201. Available on web at Lexis.
Robert E. Litan, et. al.,
Amici Curiae of AEI-Brookings Joint
Center for Regulatory Studies (with other economists), in the U.S. Supreme
Court case of American Trucking
Associations v. Carol Browner, July 21, 2000, pp. 1-12. Available on the web at
“Economics in Crisis,” in Paul Ormerod, The Death of Economics (New York, NY:
John Wiley, 1997),
Regulating Air and Water Quality
February 16 -- The Clean Air Act
Salzman and Thompson, pp. 77-102.
“The Rise and Fall of
Transportation Controls,” in R. Shep Melnick, Regulation and the Courts: The Case of the
Clean Air Act (Washington, D.C.: Brookings Institution, 1983),
“From
the Clean Air Act of 1970 to the 1990 Amendments,” in Gary C. Bryner, Blue Skies, Green Politics: The Clean Air Act of 1990 and Its
Implementation (Washington, D.C.: Congressional Quarterly Press, 1995),
“Issues
in Formulating Clean Air Policy,” in Bryner, Blue Skies, Green
“Designing
and Implementing Control Strategies Through the SIP
Process,” in
February 23 – Rethinking Air Pollution
Policy – Towards More Efficient Regulation
“Implementing
Emission Controls on
“Implementing
Emission Controls on Stationary Sources,” in
Dallas Burtraw and Karen Palmer, The Paparazzi Take a Look at a Living Legend: The SO2 Cap-and-Trade Program for Power Plants in the United States, Discussion Paper 03-15, Resources for the Future, Washington, DC (April 2003), pp. 1-28. Available at RFF web site. (http://www.rff.org/rff/Documents/RFF-DP-03-15.pdf ).
U. S. Environmental Protection Agency, Clear Skies, Basic Information (July 2003), pp. 1-4. Available on web (Clear Skies -- http://www.epa.gov/air/clearskies/basic.html#mechanism ).
David G. Hawkins, Director,
Jeffery Holmstead, Assistant Administrator for Air and Radiation,
March 2 – The Clean Water Act
“Public Health and Urban
Sanitation,” in Richard N. L. Andrews, Managing
the Environment, Managing Ourselves: A History of American Environmental Policy
(New Haven, CT: Yale University Press, 1999),
Robert McClure,
Lisa Stiffler, and Lise
Olsen, “Area’s Defining Waterway is a Cesspool of Pollution,” Seattle Post-Intelligencer (
Salzman and Thompson, pp. 123-147.
Environmental Protection Agency , A Retrospective Assessment of the Costs of the Clean Water Act, 1972 to 1997, Washington, DC, October 2000, “Executive Summary,” pp. ES-1 to ES -6. Available on web at EPA site. (http://yosemite.epa.gov/ee/epa/eermfile.nsf/vwAN/EE-0434-01.pdf/$file/EE-0434-01.pdf ).
Winston Harrington,
Regulating Industrial Water Pollution in
the
David E. Ervin, et. al., "Agriculture and the Environment: A New Strategic Vision," Environment (July/August 1998), pp. 9-15, 35-39. Available on web at UMD Library “e-journals”
Howard R. Ernst,
March 9 -- Rethinking Clean Water Policy – New
Policy Instruments
Shelley H. Metzenbaum,
“Measurement That Matters: Cleaning Up the
Environmental Defense, Bringing
Dead Zones Back to Life: How Congress, Farmers and Feedlot Operations Can Save
America’s Most Polluted Bays (
James W. Woodworth, Jr., Out
of the Gutter: Reducing Runoff in the District of Columbia (
Suzie Greenhalgh and Amanda Sauer,
Awakening the Dead Zone: An Investment
for Agriculture, Water Quality, and Climate Change, World Resources
Institute Issue Brief (
James Boyd, Water
Pollution Taxes: A Good Idea Doomed to Failure?,” Discussion Paper 03-20,
Resources for the Future (
Jim Boyd, “Unleashing the Clean Water Act: The Promise and Challenge of the TMDL Approach to Water Quality,” Resources (Resources for the Future, Spring 2000), pp. 7-10. Available on web (Boyd -- http://www.rff.org/Documents/RFF-Resources-139-unleashing.pdf
Eric Schiller, "The
March 16 -- Mid Term Exam (first half of class)
March 16 (second half of class) – RCRA and TSCA
Salzman and Thompson, pp. 148-190.
Hillary Sigman,
"Hazardous Waste and Toxic Substance Policies," in Paul R. Portney and Robert N. Stavins, Public Policies for Environmental Protection
(
Josh
White and Maria Glod, "Cost of Replacing Underground Tanks Sinks Some Gas
Stations,"
March 30 – Superfund and Solid
Wastes
Salzman and Thompson, pp. 197-212.
W. Kip Viscusi
and James T. Hamilton, "Cleaning Up Superfund," The Public Interest ,
Summer 1996, pp. 52-60. Kip Viscusi is professor of
law and economics at
Sebastian Mallaby, “Saving Statistical
Lives,” The
Tammy O. Tengs, et. al., "Five Hundred Life-Saving Interventions and their Cost-Effectiveness," Risk Analysis, No. 3 (1995), pp. 369-384.
Allan Mazur, A
Hazardous Inquiry: The Rashomon Effect at
Eric Lipton, "As Imported
Garbage Piles Up, So Do Worries,"
Daniel K.
Benjamin, Eight Great Myths of Recycling,
PERC Policy Series Paper No. PS – 28, (
Sunstein, pp. 10-52.
April 6 -- Issues in Risk Analysis and Management
Allan Mazur, True Warnings and False Alarms: Evaluating Fears about the Health Risks
of Technology (
Richard D. Pollak, “A Cancer Epidemic?: Perception versus Reality,” Forum for Applied Research and Public Policy (Fall 1995), pp. 16-20.
"Testing for Carcinogens with Rodents," editorial in Science (Summer 1990).
Bruce N. Ames and Lois Gold,
Environmental Pollution and Cancer: Some Misconceptions," in Kenneth R.
Foster, David E. Bernstein, and Peter W. Huber, eds., Phantom Risk (MIT Press, 1993), pp. 153-180. Bruce Ames is
Director of the National Institute of Environmental Health Sciences Center at
the
Committee on Comparative Toxicity of Naturally Occurring Carcinogens, National Research Council, National Academy of Sciences, Carcinogens and Anticarcinogens in the Human Diet (National Academy Press, 1996), pp. 1-18.
*Sunstein, pp. 99-190.
Managing
April 13 – Changing Social Values in Land
Management: From Progressive Conservationism to Modern Environmentalism
Robert H. Nelson, “Ineffective
Laws and Unexpected Consequences: A Brief Review of
Samuel Hays, Conservation and the Gospel of Efficiency: The Progressive Conservation Movement, 1890-1920 (Harvard University Press, 1959), pp. 261-276.
Stephen Fox, The American Conservation Movement: John Muir and his Legacy (University of Wisconsin Press, 1985), pp. 138-147.
Mark Reissner,
Roderick Nash, Wilderness and the American Mind (Yale
University Press, 1973), pp. 220-236. Nash’s Wilderness
and the American Mind is the classic history of the American wilderness
movement.
T.H. Watkins, "One Man's Recreation is Another's Desecration," Washington Post (December 13, 1998), Outlook Section, p. C1.
William Cronon,
"Getting Back to the Wrong Nature," Utne Reader, May-June 1996, pp. 76-79.
William Cronon
is professor of environmental studies at the
Donald Worster,
"John Muir and the Roots of American Environmentalism," in The Wealth of Nature (Oxford University
Press, 1993), pp. 184-202. John Muir was the founder of the Sierra Club in 1892
and the leading
April 20 – The Endangered Species Act of 1973
H. Josef Hebert, "Endangered
Species Act: Praised, Despised as Conflicts Go On," The
Brian Czech and Paul R. Krausman, The Endangered Species
Act: History, Conservation Biology, and Public Policy (
Salzman and Thompson, pp. 254-273.
Ken Alvarez, “The
“All Hell Breaks Loose:
1989-1993,” in Steven Lewis Yaffee, The Wisdom of the Spotted Owl: Policy Lessons
for a New Century (Washington, DC: Island Press, 1994),
Letter from Ann W.
Richards, Governor of Texas, to Bruce Babbitt, Secretary of the Interior,
September 12, 1994, pp. 1-3. Ann Richards was the democratic governor of
Ike Sugg,
“Reforming the Endangered Species Act: The Property Rights Perspective,”
Statement to the Endangered Species Task Force, representing the Competitive
Enterprise Institute, Committee on Resources, U.S. House of Representatives,
May 18, 1995, pp. 1-16. Available at CEI web site.
(http://www.cei.org/pdf/4360.pdf
).
Michael J. Bean and
David S. Wilcove, “The Private-Land Problem,” Conservation Biology, Vol. 11, No. 1
(February 1997), pp. 1-2. Available on
web at UMD Library “e-journals” Michael Bean directs the wildlife program of Environmental
Defense and has long been a leading figure in U.S. Endangered Species Act
policy debates.
John F. Turner and
Jason C. Rylander, “The Private Lands Challenge:
Integrating Biodiversity Conservation and Private Property,” in Jason F. Shogren, ed., Private
Property and the Endangered Species Act: Savings Habitats, Protecting Homes (Austin,
TX: University of Texas Press, 1998), pp. 92-133. John Turner is
Assistant Secretary of State for International Environmental Affairs in the
U.S. State Department and was Director of the U.S. Fish and Wildlife Service (which
administers the ESA) in the first George Bush administration.
April 27 -- Endangered Species – Adaptive Management and Habitat
Management Plans
Donald Ludwig, Marc Mangel, and Brent M. Haddad, “Ecology, Conservation, and Public Policy,” Annual Review of Ecology and Systematics (2001), pp. 481-506. Available at Annual Review web site. (http://arjournals.annualreviews.org/doi/pdf/10.1146/annurev.ecolsys.32.081501.114116?cookieSet=1 )
Holly Doremus, “Adaptive Management, the Endangered Species Act, and the Institutional Challenges of ‘New Age’ Environmental Protection,” Washburn Law Journal (Fall 2001), pp. 50-89. Available on web at Lexis.
Doug Honnold, Jerome A. Jackson, and Suellen Lowry, “Habitat Conservation Plans and the Projection of Habitat: Reply to Bean and Wilcove,” Conservation Biology, Vol. 11, No. 2 (April 1997), pp. 297-299. Available on web at UMD Library “e-journals.”
Karin P. Sheldon, “Habitat
Conservation Planning: Addressing the Achilles Heel of the Endangered Species
Act,”
Defenders
of Wildlife, Sabotaging the Endangered
Species Act (
May 4 --
Roger Sedjo,
"
George Hoberg,
Science, Politics and U.S. Forest Service
law: The Battle over the Forest Service Planning Rule, Discussion Paper
03-19, Resources for the Future , Washington, DC, June 2003, pp. 1-26. Available at RFF web site. (http://www.rff.org/rff/Documents/RFF-DP-03-19.pdf
).
*General Accounting Office, Western National Forests – Catastrophic Wildfire Threaten Resources and Communities Statement of Barry T. Hill, Associate Director, Energy, Resources and Science Issues, September 28, 1998, pp. 1-12. Available on web (GAO -- http://www.gao.gov./ ).
“The View from
Second Century:
Options for the
May 11 -- Rangeland
Management
“The Ranchers Code,” in Charles F. Wilkinson, Crossing the Next
Sally K. Fairfax, “Coming of Age in the Bureau of Land
Management,” Range Management in Search of a Gospel,” in
Frank Gregg, “Summary,” in Multiple
Use and Sustained Yield: Changing Philosophies for Federal Land Management,
Proceedings and Summary of a Workshop Convened on March 5 and 6, 1992,
Committee on Interior and Insular Affairs, U.S. House of Representatives,
Washington, DC (December 1992), pp. 311-314.
Frank Gregg was Director of the U.S. Bureau
of Land Management during the Carter administration.
Edward Abbey, "Even the Bad Guys Wear White Hats: Cowboys, Ranchers and
the Ruin of the West," Harpers (January 1986), pp. 51-55. Edward Abbey was
an environmental activist and author of Desert
Solitaire, The Monkey Wrench Gang
and other well known works of fiction.
Tom Kenworthy, "Grazing Laws Feed Demise of
Rancher's Way of Life,"
*Robert H. Nelson, "How to Reform Grazing Policy: Creating Forage Rights on Federal Rangelands," Fordham Environmental Law Review (Symposium 1997), pp. 645-690. Available on web at Lexis.
Jacob Goldstein, "Bidding Wars Escalate Over Ranch Land: At Auctions, Environmental Activists Buy Leases on Public Lands to Keep Ranchers From Using the Acreage for Grazing," Christian Science Monitor (January 8, 2002). Available on web at Nexis.