Environmental Politics and Policy

GO 231
Spring 2009

Midterm Study Sheet

Section I. Short Essay Questions- I will select 4, you answer 3.

1. Why did the nation “tackle” pollution in the early 1970s?
2. Compare the issue framing of Sierra Club’s “False Advertising” with Patrick J. Michaels’ “Losing It” using Stone’s analytical framework. How do the authors frame the issue and why do they adopt that frame? Which is more effective and why?
3. What are the three key lessons environmental policy entrepreneurs (EPEs) learn from the California water policy case about how to achieve dramatic changes?
4. What are the causes and consequences of gridlock in Congress
5. What are the scientific and political implications of requiring a clean fuel to have a minimum oxygen level (2.1% vs 3.7%)?
6. What do Davies and Mazurek believe are the 3 biggest problems with the EPA?
7. Does Rosenbaum believe the EPA can be fixed?

Section II. Longer Essay Questions Answer BOTH
1. President Obama wants your advice on the how they can most effectively achieve his environmental policy goals. Be very specific in identifying the key dos and don’ts from previous presidents.
2. What does the recent Supreme Court decision in the Commonwealth of Massachusetts v. EPA reveal about standing, ripeness, defining ambiguous legislation, and standard of review and the role of the judiciary in making environmental policy?

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Some advice for essay questions

1. I don't like reading poorly structured and argued essays. I give you the questions in advance so that you can prepare a coherent and detailed argument in response to each question. Outline your answers in advance.
2. Use the readings and authors’ names in your answer. (e.g. Dayne argues that presidents are ….; Issues can be framed in 4 ways according to Stone because …)
3. Use specific examples to support your arguments. The ID terms are a very good place to start. They are the building blocks for the essays.
4. You will be hard pressed to sufficiently answer all the questions during the allotted time period. Your answers should be concise and avoid unnecessary words and fluff. You may also abbreviate.

You essay answers will be evaluated based upon
1. the clarity of your argument
2. the use of the readings and lectures
3. the creative use of examples from lectures and readings to make your arguments
4. the clarity of concept definitions.


Below are a list of important concepts and questions drawn from the readings and lectures. They are useful in culling the important ideas from the readings and lecture notes for the Midterm.

The Policy Cycle
The Rosenbaum chapter focuses on general characteristics of environmental policy making, whereas the Layzer case study is an assessment of the passage and implementation of the Clean Air and Clean Water legislation specifically. The early 1970s represents, arguably, the high point of environmental policy making in the United States. The questions we need to address are:
1. Why did the nation “tackle” pollution in the early 1970s?
2. What are the two or three most important influences on the final forms of the Clean Air Act and Clean Water Act of the early 1970s? Why did they have the provisions they did?
3. Why does implementation of these laws seem not to measure up the original intent of the legislation?
4. What are the different stages of the policy cycle? At which stages did environmentalists “win” and “lose” according to Layzer’s account and why?

Rosenbaum Ids
Policy cycle
Agenda setting
Formulation and legitimation
Implementation
Incrementalism
Interest group liberalism
Role of Business, special relationship
Political feasibility
Political seasons
Changing party majorities
Shifting public moods
Economic conditions
regulatory federalism

Layzer Ids
focusing event
salience
redefinition of the pollution problem
Nixon’s motivations
Muskie's motivations
The science and economic analysis behind the clean air and clean water act
Agency capture

Policy window
Scope of conflict
Conditions versus problems
Political entrepreneur

Framing of Issues

Types of Causal Stories or Policy Narratives
Consequences and Actions; Intended or Unintended
MECHANICAL CAUSE
ACCIDENTAL CAUSE
INTENTIONAL CAUSE
INADVERTENT CAUSE
-what are the key causal strategies for defining a problem?

What are some of the limits on Environmentalists' ability to frame issues in ways favorable to their cause (think discussion of Sierra Club framing of miles per gallon)?

Punctuated Equilibrium Theories and Policy Change

Why did California change its water policy? What does the California water policy case reveal about theories about how environmental policies change? About the strategies for policies entrepreneurs?

Path Dependence
High Exit Costs
Policy Image
Institutionalization
Professionalization
Benefits and Risk Spreading

New policy image or frames
New management practices
Venue shifting
Skilled implementation
Positive feedbacks for change
Role of Networks
Adept policy design
Gestation periods and Cascades

Environmental Water Account
Adaptive Management
Bruce Babbitt; CALFED

Presidency Questions

Did Bill Clinton live up to his pre election hype as “the Great Green Hope” (Daynes p 259)?
Why or why not? Where was he most and least successful in protecting the environment?

How does George W. Bush’s environmental strategy compare with Reagan? Is it more or less successful in achieving his environmental policy goals?

What are the lessons of the Reagan, Bush, Clinton and Bush presidencies about how presidents should go about achieving their environmental policy goals?

What should Presidents expect from Congress as they tries to advance their environmental policies?

Bush Presidency- New Source Review, Healthy Forests, "rewriting the rules"

Congress Questions
Fragmentation
Electoral cycle
Localism
Geographic responsibility
Causes and Consequences of Gridlock

What are the scientific and political implications of requiring a clean fuel to have a minimum oxygen level (2.1% vs 3.7%)?
Why does Congress choose to promote “clean fuel” for the Clean Air Act?
What were the environmental and political advantages and disadvantages of each of the three main clean fuel alternatives (methanol, ethanol, reformulated gasoline)?
What solution does Congress choose and why? What role does science, interest groups, and institutions play in the choice?
Were there better policy alternatives than “clean fuels” for reducing air pollution? Why were they not selected?
Based on the clean fuel legislation, what is the ability of Congress to pass environmental legislation?

Does the electoral incentive help or hinder the ability of Congress to pass legislation to address environmental issues?

Courts Questions
Standing and the Citizen Suits
FOE vs Laidlaw Environmental Services
Ripeness and Standard of Review
Standard of Review
Endangered Species Act definition of takings
Regulatory takings -- Lucas versus South Carolina Coastal

Rapanos v. United States and Carabell v. United States Army Corps of Engineers- Commerce Clause

Commonwealth of Massachusetts v. EPA- standing, ripeness, defining ambiguous legislation, and standard of review

How do Courts shape environmental policy?
Should environmentalists continue to look to the courts to defend their policies? What are the advantages and disadvantages of this strategy?

Davies and Mazurek
Does the US System of Regulation Pollution work?
What is their view of the quality of federal environmental legislation?
What is their view of the use of economics or science in EPA decision-making?
Does the EPA target the most important problem? What evidence do they assess?
Does the EPA choose the optimal solutions for the problems? How do they define optimal?
Does the EPA do a good job of giving the public a voice in decisions that affect them?
Does the EPA do a good job anticipating and dealing with future problem?
What has the EPA done right? What has it done poorly?
How would you summarize their recommendations for improving the US System of Regulation Pollution?

Rosenbaum, Ch. 3
What is Rosenbaum’s assessment of Congress as an environmental policy maker? What do they do wrong and right? (Ocean dumping legislation, sanctions, subgovernments, sources of improvement)
What is Rosenbaum’s assessment of the EPA as an environmental policy maker? What do they do wrong and right?
How does Rosenbaum’s view of bureaucratic pluralism and competition compare with Davies and Mazurek’s call for greater integration among the agencies?

Thought Exercise
Try to imagine the next significant environmental legislation.
Even without knowing what the “problem” is, how will it get on the agenda, how will congress respond, what will the legislation look like, how will the EPA respond, how will the states respond, and will it solve the “problem”?

 

OLD Essay Questions  NOT ON EXAM

1. The reelection of George W. Bush and a Republican dominated Congress has led environmentalists to look to the Courts and the States to increase their influence in making environmental policy. Are environmentalists’ hopes for these two institutions likely to be fulfilled or dashed?

2. What does the EPA do right and wrong as an environmental policy making institution? Can it be improved?

3. Try to imagine the next significant environmental legislation. Even without knowing what the “problem” is, how will it get on the agenda, how will congress respond, what will the legislation look like, how will the EPA respond, how will the states respond, and will it solve the “problem”?

4. It is 2008 and former Virginia Governor Mark Warner (D) has just been elected president and has made “saving the environment” one of his key campaign promises. He has asked you to write a memorandum that summarizes:
a. the lessons of the Reagan, Bush, and Clinton presidencies about how he can best achieve his environmental policy goals;
b. what he should expect from Congress as he tries to advance his environmental policies.

5. Is the Constitution is bad for the environment? That is, how do the fundamental government arrangements explicitly created by the constitution or implicit in its philosophy enhance or hamper our ability to make sound environmental policy?

6. Earth Day was over 30 years ago. Why haven’t we “saved the earth” or cleaned up the environment yet? Why have the implementation of our many environmental laws such as the Clean Air Act or Clean Water Act failed to achieve the original intent of the legislation? What are the major political, institutional, and scientific challenges for improving environmental policy making in the 21st century?

 Environmental Policy In Transition

Emergence of new issues
Difficulties of implementation
Increasing cost of environmental clean up
Changing political environment
Environmental movement
Environmental policy in Transition
1. Based on your reading of Rosenbaum and Vig and Kraft assessments of the status of environmental policy, what are the major political, institutional, and scientific challenges for improving environmental policy making in the 21st century?
2. Earth Day was over 30 years ago. Why haven’t we “saved the earth” or cleaned up the environment yet? Why have the implementation of our many environmental laws failed to achieve the original intent of the legislation?
3. Why is the story of saving the ozone control by reducing CFC emissions is symptomatic of the new era of environmental policy?