Environmental Politics and Law

Can law change human behavior to be less environmentally damaging? Law will be examined through case histories including: environmental effects of national security, pesticides, air pollution, consumer products, plastics, parks and protected area management, land use, urban growth and sprawl, public/private transit, drinking water standards, food safety, and hazardous site restoration. In each case we will review the structure of law and evaluate its strengths and weaknesses.

The United States' fragmented, piecemeal approach to environmental law is presented through the cases that led to the creation of major environmental statutes such as the Clean Water Act and the Resource Conservation and Recovery Act. The variety of federal agencies and levels of government that participate in creating and implementing regulation contribute to the fragmentation of American environmental law. Environmental law seeks to balance the costs of environmental degradation with the economic benefits that companies reap. However, the uncertainty of environmental costs leads to a slow and ineffective regulation process.

The United States government employed a variety of approaches to protect citizens from danger, including public education, nuclear weapons testing, and gathering data about the effects of nuclear testing. The US government's testing of nuclear weapons at the Bikini Atoll is used as an example of government approaches. Nuclear testing led to ecological devastation, leading the US government to move Bikinians to another island. The case highlights the far-reaching environmental, economic, and health consequences of nuclear weapons testing.

The military's use of the Puerto Rican island of Vieques as a training site is discussed to highlight the challenges involved in identifying and restoring hazardous sites. Political opposition is faced while attempting to get a site recognized as hazardous, deciding how to compensate those affected, and determining an appropriate level of environmental restoration. The recurring theme of government secrecy and its effect on efforts to protect the environment is also covered during this lecture, as the US military is reluctant to allow researchers to examine testing grounds. The reclamation of these sites involves many environmental statutes, including the Resource Conservation and Recovery Act (RCRA), the Endangered Species Act, the Clean Water Act, the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and the National Environmental Policy Act (NEPA).

The change from smaller, more diverse farms to larger single-crop farms in the US has led to greater reliance on pesticides for pest management. Other changes as the US food system becomes more commercialized include: increased use of additives, higher food prices, more water and energy consumption for agriculture, and more pesticide residues entering food through processing. Pesticides have also been used to combat insect-borne diseases, like malaria. The lecture provides an overview of relevant food, agriculture, and pesticide law, and covers the changes in pesticide use as scientific knowledge of a given chemical (i.e. DDT) improves.

The lecture reviews water law in the United States, and highlights challenges inherent in regulating water quality. Aging water infrastructure, pesticide and herbicide application, and surface water runoff all pose challenges in maintaining a clean drinking water supply. The lecture covers pesticide management through the Safe Drinking Water Act (SDWA). The management of pesticides and herbicides in drinking water has been heavily influenced by the economic concerns of pesticide and herbicide users as well as the municipal water agencies charged with testing water regularly for regulated chemicals. The lecture concludes with the regulation history of atrazine, a commonly used herbicide that research has shown to be hormonally active.

The lecture describes the Clean Air Act and the way the federal government measures air quality as well as improvements in air quality. Professor Wargo reviews challenges in regulating air quality, reasons for lack of adequate enforcement, and approaches to setting ambient air quality standards. The lecture focuses predominantly on vehicle emissions, and the difficulty that regulators face when trying to decrease particulate matter expelled by cars. The public health impacts of poor air quality, particularly in urban areas, are discussed as well.

Plastics are omnipresent but minimally understood and regulated in the United States. The lecture focuses on the dangers that chemicals in plastics pose to human health, particularly via leaching into food and water. Plastics are regulated by the Toxic Substance Control Act, which gives the Environmental Protection Agency the responsibility of testing to ensure that plastics do not adversely affect human health. When plastics can leach into food, the Food and Drug Administration can demand testing. Professor Wargo shows how oversights have led to limited labeling of hazardous plastics, which results in consumers having limited means of protecting themselves from harm.

This lecture continues the previous class's discussion of tobacco law. In this class, Professor Wargo highlights the unique issues of freedom of choice and freedom of speech that tobacco regulation create, as tobacco regulation restricts individual choice and corporate freedom of speech via advertising restrictions. Tobacco law also illustrates the difficulties of managing environmental hazards in the face of an industry with the resources to fund its own research and to fight regulation at every step of the process. The passing of the Family Smoking Prevention and Tobacco Control Act in 2009 is held up as a success story in tobacco regulation, as it places stricter standards on tobacco corporations.

The lecture centers on public lands management and the effect of property rights on sustainable resource management. Property rights create a complex set of relationships that complicate effective environmental management. Popular conceptions of wilderness also make it difficult to manage public lands sustainably, since people view wilderness as a place of freedom, without regulation. Managing property rights and people's concept of right to wilderness are the central issues facing natural resource managers and public lands managers. As a result, it is important to consider external forces, such as climate change, that influence one's ability to exercise property rights.

The lecture reviews the legal and economic strategies that can be used to manage coastal development. Over half of the United States population lives in coastal areas and will be affected by sea level rise and more intense storms. The lecture looks at the conflict between property rights and efforts to protect coastal ecosystems through the use of eminent domain to create national seashores. Barrier islands such as Fire Island National Seashore and Cape Cod National Seashore are used as case studies; a variety of strategies have been employed to manage these constantly moving islands. The lecture also discusses the role insurance plays in coastal settlement patterns; changes in insurers' policies in high-risk coastal areas could change the way people settle in coastal regions.

The lecture begins a discussion of present and future energy demands and the ways in which we invest in different forms of energy by focusing on nuclear energy use globally. The risks associated with nuclear energy are described, including risk of human error leading to a mass evacuation event, and the challenges faced in finding an adequate nuclear waste storage facility for the United States. Such a facility would be need to be able to store nuclear waste for a million years or more, due to the long half-lives of nuclear waste. The lecture describes the disaster that took place at Chernobyl nuclear plant, and the wide-ranging effects of that disaster on the natural and built environments as well as human health.

The final lecture reviews topics discussed in previous lectures by imagining an ideal society. Professor Wargo talks about success stories in land management in the Adirondacks and pesticide regulation, and notes ongoing challenges in food safety, drinking water quality, personal consumption, population control, and the creation of parks and protected areas. He lectures about the fractured nature of environmental management at different levels of government, and the way governmental and corporate secrecy have affected environmental regulation. He ends the lecture with advice for students.