Deck 24: Environmental Policy, Law, and Planning

Question 1

What are wicked problems Why are they difficult

Answer 1

There are some problems in the environment like the pollution in the atmosphere, water sources, soil and other physical factors for which the laws and policies can be made or can be mentioned as an unlawful act or tort but there are some problems for which it is difficult to mention or trace back the major reason for the problems, this is very common in the environmental problems because every living organisms and other biotic factors are interrelated even the biotic factors are dependent on the physical factors and slight alterations in the physical factors can lead to the change in the biotic conditions. Such a problem for which it is impossible to know the reason for difficult to solve the problems by making laws and policies are known as wicked problems.
Wicked problems are difficult because they are tricky to solve and they are complicated to solve because they are complex due to which it is difficult to make an understanding that who will bear the cost and who will have the advantages for the solution of such tribulations. These problems cannot be solved just by making laws or policies because they have system is interlocked with many other organisms so the best way to solve the wicked problems are community planning in which the urban and local people come together to work on a program so that advance and traditional methods can be approached to understand the problem deeply and to solve the problem accordingly. The exact solution for wicked problems is not possible.

Question 2

In your opinion, how much environmental protection is too much Think of a practical example in which some stakeholders may feel oppressed by government regulations. How would you justify or criticize these regulations

Answer 2

Environmental protection law sometimes is too much when the laws for protecting nature becomes a law for which people protest and think about the profit or nature but not about the lives of human beings. Nature is important to protect and conserve it sustainably, but not on the cost of the lives of human beings. Many stakeholders merge with the organizations to negotiate the problems, but too much protection by which people are having a major problem is not good.
A practical example where the stakeholders feel oppressed by the regulations of the government is banning the use of CFC's which is used in AC's and refrigerators but banning CFC will be oppressed by the other manufacturers. Thus the stakeholders violate the Montreal law as the CFC is just not used in AC's or refrigerators but in manufacturing other products also.
Another practical example is banning MTBE which is generally carcinogenic and thus is banned to protect the water sources, soil and the lives of the human beings but the complete ban of the MTBE is not possible and thus was oppressed by the stakeholders and was not supported by the businesses and citizens because MTBE is also used to make methanol that was an ingredient of the MTBE.
These critics can be justified if it is mentioned to ban the use of the MTBE or CFC which are major reasons for the pollution and other damage that occurs in the environment. The proper disposal of hazardous waste should be adopted and the government should give some subsidy to adopt the method and follow the regulations. The regulations, the law should be proposed in a manner that should not a complete loss for one organization and other benefits for the other.

Question 3

What is resilience Why is it important

Answer 3

The planning can be done to resolve the environmental problems and damages done by human beings for their benefits and uses. The problems can be resolved by planning in a way to restore the environment, but some problems are difficult to solve because the knowledge of the interrelated cycle to that problem is missing, or due to the other problem that arises in solving one problem, or the requirements for solving the problems change with time or conditions. The different approaches to solve the problems and disputes among the plans and policies to improve the environment quality-
• Adaptive management
• Resilience
• Community planning
• Sit and talk about how to solve the problems
• Trials can be done for different problems
Resilience is a way that signifies that the environment can resolve the environmental problems and can recover the damage done with time, but this does not simply mean that the environment can recover the damage and restore itself in its pristine conditions. The restoration may take place in such a way that new species may emerge in the disturbed areas or the physical factors of the area may change drastically with time to support those species that once used to live. The natural system can follow the creative and destructive cycle in which the exploitation is done in nature can be conserved, released, and then create by reorganizing the nature in a new form.
This approach is important because the environment can restore and recreate the conditions according to the fittest theory; the fittest organisms will be able to survive in nature with time and will lead to the development of the new species and thus new environment that is more suitable according to the physical factors and other interlocking cycles.

Question 4

The federal government publicizes the text of laws in multiple locations on the Internet. Reading about these laws is a good way to get a sense of the structures of environmental regulation, and to understand some of the compromises and the complexity of making rules that apply to thousands of different cases across the country. The primary way to access government rules and laws is through http://thomas.gov. A more direct source for environmental legislation is to go to the EPA website: http://www.epa.gov/lawsregs/laws/index.html#env.

Go to this website, and select one bill that bears on an issue you find interesting. Links are provided to the text of the law, usually in PDF format. Open the text of the law you have chosen, and look through the table of contents to see what sections ("titles") are covered in the bill.
What are the topics listed in the table of contents

Question 5

What is collaborative, community-based planning

Question 6

What is the policy cycle, and how does it work

Question 7

What is unique about the Dutch green plan

Question 8

Which is the most important step in the policy cycle If you were leader of a major environmental group, where would you put your efforts in establishing policy

Question 9

The federal government publicizes the text of laws in multiple locations on the Internet. Reading about these laws is a good way to get a sense of the structures of environmental regulation, and to understand some of the compromises and the complexity of making rules that apply to thousands of different cases across the country. The primary way to access government rules and laws is through http://thomas.gov. A more direct source for environmental legislation is to go to the EPA website: http://www.epa.gov/lawsregs/laws/index.html#env.

Go to this website, and select one bill that bears on an issue you find interesting. Links are provided to the text of the law, usually in PDF format. Open the text of the law you have chosen, and look through the table of contents to see what sections ("titles") are covered in the bill.
Definitions of terms come next. What terms are defined

Question 10

Describe the path of a bill through Congress. When are riders and amendments attached

Question 11

Do you believe that trees, wild animals, rocks, or mountains should have legal rights and standing in the courts Why or why not Are there partial rights or some other form of protection you would favor for nature

Question 12

The federal government publicizes the text of laws in multiple locations on the Internet. Reading about these laws is a good way to get a sense of the structures of environmental regulation, and to understand some of the compromises and the complexity of making rules that apply to thousands of different cases across the country. The primary way to access government rules and laws is through http://thomas.gov. A more direct source for environmental legislation is to go to the EPA website: http://www.epa.gov/lawsregs/laws/index.html#env.
Go to this website, and select one bill that bears on an issue you find interesting. Links are provided to the text of the law, usually in PDF format. Open the text of the law you have chosen, and look through the table of contents to see what sections ("titles") are covered in the bill.

Choose a short section, perhaps 1-3 pages long. Read it carefully. Explain the content of those pages to your class. Also try to explain what the context of the bill might be: Why were those words written By whom As a result of what kind of problem

Question 13

What are the differences and similarities between statutory law and administrative law

Question 14

It's sometimes difficult to determine whether a lawsuit is retaliatory or based on valid reason. How would you define a SLAPP suit, and differentiate it from a legitimate case

Question 15

List some of the major U.S. environmental laws of the past 30 years.

Question 16

Create a list of arguments for and against an international body with power to enforce global environmental laws. Can you see a way to create a body that could satisfy both reasons for and against this power

Question 17

Why have some international environmental treaties and conventions been effective while most have not Describe two such treaties.

Question 18

Take a current environmental problem. If you were an environmental leader trying to resolve this problem, would you choose litigation, arbitration, or mediation What are your reasons for favoring or rejecting each one

Question 19

Define globalization and describe how it impacts environmental quality.