How are U.S. environmental laws established and how does lobbying influence the process? What are some of the major U.S. environmental laws?
Interactive Study Guide
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Guiding Question 31.2
How are U.S. environmental laws established and how does lobbying influence the process? What are some of the major U.S. environmental laws?
Why You Should Care
Environmental laws follow the same legal pathway as any law: They are proposed first as bills in Congress, debated, and voted upon by both houses of Congress. If there are enough “yea” votes, then the law is passed and sent to the president to either sign into law or veto and send back to Congress. The list of important environmental laws in Infographic 31.3 were all signed into law, but how do environmental issues attract enough attention to become bills?
Many environmental issues are not new—they have been issues with varying levels of attention from media, lobbyists, and the general public for decades. Air quality was an issue back in the 1940s in urban areas, but there was a series of smog events that lead to the Clean Air Act in 1970, and industrial air pollution in the 1980s led to acid rain provisions in the 1990 amendment to the Clean Air Act.
Usually, a large event gains attention through media coverage—perhaps a natural disaster, industrial accident, or particularly poignant story of misfortune—which influences the process of establishing an environmental law. For CERCLA, it was the Love Canal tragedy in the late 1970s. For NEPA, it was the growing environmental movement that culminated in the nationwide first Earth Day celebration in 1970. That kind of media attention can give enough push to make a bill that is before the Congress important enough that it reaches a vote.
Also, like other laws, environmental legislation is subject to a wide variety of lobbying. Since environmental issues tend to have wide-reaching economic and social impacts, environmental bills, laws, and regulations attract lobbyists for affected corporations, non-profit environmental groups, and private citizens. For the Clean Water Act, dumping of pollutants in the 1960s led to a widespread grassroots movement to clean up waterways, especially in urban areas. This legislation was opposed by the industries that were freely dumping into those waters, but the groundswell of negative attention was enough that the law was easily passed and signed into law.
Test Your Vocabulary
Choose the correct term for each of the following definitions:
Term
Definition
Contacting elected officials in support of a particular position; can be highly organized with substantial financial backing.
Allows an individual to sue, in federal court, a perceived violator of certain U.S. environmental law such as the Clean Air Act, in order to force compliance.
Independent federal agency responsible for the implementation and enforcement of environmental laws in the United States.
A document of the positive and negative impacts of a proposed action (including alternative actions or taking no action); used to help decide whether or not that action will be approved.
Acting in a way that leaves a safety margin when the data indicates severe consequences are possible.
A 1969 U.S law that established environmental protection as a guiding policy for the nation and required that the federal government take the environment into consideration before taking action that might affect it.
Targets set that specify acceptable levels of pollution that can be released or exist in ambient (outdoor) air; industries must act to meet these standards.
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What is the correct order for deciding policy through regulation?
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Why are regulations evaluated after implementation?
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After identifying a problem, there is period of consideration of whether action is required at this time. What does this allow the government to do?
Reviewing the problem allows the government to decide if the best choice is to take more time and collect more data. With more data, a clearer picture may result and the formulated response may be more effective.
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Which of the following major environmental laws does NOT involve pollution or toxic materials?
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Which environmental law was the foundation for the rest using regulations to set limits on pollution releases?
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The CWA, CAA, and ESA have all been amended since they were first signed into law. Why?
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7.
Why were so many laws (4 of the 6 listed in Infographic 31.3) signed into law in such a short time (1970–1973)?
Public interest plays a great role in getting prospective laws supported and voted up or down. Following Earth Day 1970 (the first) and environmental issues were high on the general public’s list of “things to fix” and legislators put forward a variety of bills to regulate and prevent environmental problems that previously weren’t protected legally. The environmental consciousness of the public became the focus of the government.
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Which of the following groups do NOT have lobbyists for environmental laws?
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Which of the following interest groups would use scientific data as part of their input into environmental regulations?
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Why is the judicial branch thought to be the only part of the government that is beyond the effects of lobbying on regulations?
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11.
Why is it difficult to separate lobbying from legitimate voicing of public concerns?
It is the basis of our government that we can contact our representatives about our opinions on matters before Congress. Lobbyists may not be speaking for individuals but it has been argued that they are being paid to represent a particular group of people and so their voices are part of the democratic process. Their motives and effects on regulation are not as clear cut.