Environmental Legislation
Sep 25th, 2010 by kcoghill
Choose two pieces of environmental legislation from the list on page 49 and research. When did this legislation come into effect? Generally, what does the legislation require? Does the legislation adopt a command and control or incentive based approach? Support with evidence. Briefly describe your views on the importance of this legislation to the environment. Put your answers to this assignment on the blog by Monday 10/3
1. The Marine Plastic Pollution Control Act of 1987 was drafted in 1987 and dictates that pollution of any sort cannot be discharged into waters within a certain number of nautical miles from the shore, regardless of flag or country. The only exception is plastics, which cannot be disposed into the water under any circumstances. This law mainly concerns and punishes ports and terminals themselves, as the law dictates that and port or terminal found guilty of these charges will have their license revoked or suspended, thus making it a control and command law. The importance of this legislation emphasizes that safe waste management and disposal is a necessity of all systems, whether it be port, vessel or otherwise. This especially applies in the context of marine ecosystems, because although the idea that “dilution to pollution” solves the problem or “out of sight, out of mind” seems to be a common idealism, it is not true.
2. The Oil Pollution Act of 1990 came into effect in 1989, and was made to control and prevent civil liability for future oil spills located off the coast of the United States. The law states that any company requires a blueprint to prevent spills that may occur as well as a plan to contain and clean any oils spills that occur. The punishment for any lack of said plans is that they may not continue to operate until said plan is made and put into action if needed, thus making it a control and command law. There’s great importance in the regulation of oil and oil spill simply because they are so catastrophic to every niche of the surrounding ecosystem and the effects tend to be widespread and long lasting. Not having a plan to prevent the event in the first place would be irresponsible.
In 1974 the government implemented the Safe Drinking Water Act. This command and control response to the idea that all americas should have clean drinking water. The act encompasses all water systems and ensures that they will all provide safe, clean water that will not harm you. The act oversees the entire country and includes national and state levels. The act essentialy helps to ensure clean healthy water as being a natural right for all Americans. Part of the act was the creation of over one hundred thousand clean water facilities that help to moniter our drinking water all across the country. The only obvious fault with the act is that it fails to include bottled water in its garentee for clean water leaving the possibility for bottled water to infact be unsafe. This law is unendingly important for the safety and health of our nation but must be expanded to encompass bottled water.
Another act that the United States implemented more recently was the 1990 Oil Pollution Act. What makes this premtive type of law states very clearly that all oil companies must be ready and prepared to deal with oil spills in the case where one might occur. The law is extremely important as it will help create swift responses to these types of oil based disasters. The event that directly caused the creation of this act was the 1989 oil spill in the Prince William Sound. This is a command and control law that does it in a, solve the problem before it happens kind of way. The law has been criticized in the past for only requiring the companies to only have to have minimal preventative measure in terms of oil spills and in 2010 major reforms to the act were suggested but in the end not enacted.
1. The Safe Water Act 1974: This act put a federal mandate on the quality of our drinking water in America. In order to protect the main sources of water like lakes, springs, and rivers, the government has taken action under this act. Drinking water must meet the health standards, and naturally occurring and man-made contaminants must be monitored. The EPA works with water treatment plants to assure that these standards are met. If water treatment plants follow regulations there are no incentives offered to water treatment plants. In my opinion this law is important to the environment because it provides us with clean water and assures that contaminants are not mixed in with our natural water sources. It protects the earth and earths species. It is successful.
2. Oil Pollution Act of 1990: This act came into effect due to public concert of the Exxon Valdez incident. OPA made provisions that expanded the ability of the federal government and resources needed to respond to oil spills. The legislation adopted a command and control approach, meaning there are certain requirements industries have to obey to follow the law. The government must direct all private and public response efforts for oil spill events. Federal, state, and local government officials make up area committees. Area committees develop detailed area contingency plans. Operators of vessels and certain facilities that are a serious threat to the environment have to make their own Facility response plan. Because our dependency on oil continuously increases. There will be more oil rigs in the ocean. If there is no preventative action BP oil spills could happen more often. The environment, its animals and organisms as well as the economy are effected.
Shannon Griffith
Choose two pieces of environmental legislation from the list on page 49 and research. When did this legislation come into effect? Generally, what does the legislation require? Does the legislation adopt a command and control or incentive based approach? Support with evidence. Briefly describe your views on the importance of this legislation to the environment.
The Noise Control Act of 1965: The act was put into effect in 1965 and set guidelines and restrictions for the amount of noise pollution.Noise Pollution is any human or machine-created environmental noise that disrupts the activity or balance of human or animal life. This purpose of this act was to put a “cap” on any man made noise, these disruptions included anything from cars to a microwave. If something was louder that what the act permitted then it is deemed illegal and cannot be made or used. In my opinion this act is important because it sets restrictions on any noise pollution that would further disrupt any homes, or environments. Therefore these harmful noise would not drive out animal populations and any people that are trying to maintain a stable household.
The Ocean Dumping Ban Act came into effect in 1988. This act bans the dumping of any industrial waste into ocean habitats. The act uses a command and control approach so that any business without a permit to the act cannot release their waste into the ocean. This act was became very effective in many different habitat, for example the beaches of New York and New Jersey saw a complete change. Before the act, beaches were being closed due to floating garbage and waste into the water. So with this act it denies the right to dumping garbage helped to keep oceans habitat clean and able to survive. 2. The Clean.
The Noise Control Act of 1972—Congress had a goal to promote a noise-free environment that did not “jeopardize… heath or warfare.” So, the Office of Noise Abatement and Control of the EPA was assigned to supervise activities and monitor noise. The Office of Noise Abatement and Control also worked with other federal agencies that played an important role in noise control. The Noise Control Act was then altered by the Quiet Communities Act of 1978 to promote developing noise control programs. In the 1970s, the Office of Noise Abatement and Control conducted reports that identified major sources of noise pollution, and thus created regulations for schools, sound measurements, and dictated noise to be a health problem. The Noise Control Act utilizes the approach known as Command and Control. Though it is difficult to set limits for noise pollution, this is an important act because noise pollution leads to health problems and unpleasant surroundings.
Ocean Dumping Ban Act of 1988—This act began as an amendment to a prior act in 1972, but was officially passed in 1988. This act bans the disposal of waste in oceans, such as industrial waste products, radioactive waste, sewage, etc. In concurrence with this act is a phenomenon known as the Syringe Tide, which describes the medical waste that was previously disposed of along the shores of New Jersey and Long Island in 1988. Like the Noise Control Act, this act utilizes the Command and Control approach because it overtly bans the disposal of waste in the ocean. This act contributes to the welfare of the environment by protecting marine life, humanity, and plant life. Hopefully, this act will prosper because it is incredibly beneficial to the oceans.
1. The Safe Water Act 1974: This act put a federal mandate on the quality of our drinking water in America. In order to protect the main sources of water like lakes, springs, and rivers, the government has taken action under this act. Drinking water must meet the health standards, and naturally occurring and man-made contaminants must be monitored. The EPA works with water treatment plants to assure that these standards are met. If water treatment plants follow regulations there are no incentives offered to water treatment plants. In my opinion this law is important to the environment because it provides us with clean water and assures that contaminants are not mixed in with our natural water sources. It protects the earth and earths species. It is successful.
2. Oil Pollution Act of 1990: This act came into effect due to public concert of the Exxon Valdez incident. OPA made provisions that expanded the ability of the federal government and resources needed to respond to oil spills. The legislation adopted a command and control approach, meaning there are certain requirements industries have to obey to follow the law. The government must direct all private and public response efforts for oil spill events. Federal, state, and local government officials make up area committees. Area committees develop detailed area contingency plans. Operators of vessels and certain facilities that are a serious threat to the environment have to make their own Facility response plan. Because our dependency on oil continuously increases. There will be more oil rigs in the ocean. If there is no preventative action BP oil spills could happen more often. The environment, its animals and organisms as well as the economy are effected.
The Fur Seal Act of 1966 was passed by the National Marine Fisheries Service (NMFS) in accordance with the U.S Department of Commerce (USDC) and enacted in 1966 specifically for the purpose of protecting the northern fur seal, which was threatened by commercial seal skin trade. This piece of legislation requires that the taking, importing, exporting, transporting, possessing, and exhibiting of fur seals is regulated. The act also requires the regulation of scientific experimentation involving fur seals and prohibits all humans from entering fur seal rookeries, which are where they breed and raise their young, with the exception of American Indians who are allowed contact with and possession of fur seals because it is part of their culture. This act adopts a command and control approach because vessels can be searched if enforcement officials have reason to think that they are disobeying the act and severe fines, up to $20,000, can be given. I feel that this is an important act because it prevents our actions from eliminating biodiversity due to species going extinct, which is a very important component of maintaining a healthy ecosystem.
The Ocean Dumping Ban Act of 1988 was enacted in 1988, after a popular desire to beautify the waters off the shore of New York and New Jersey led to this act as a solution. It prohibited all sewage, sludge, and industrial waste from being dumped into the ocean after December 31, 1991. It was an extension of the Marine Protection, Research, and Sanctuaries Act of 1972, which regulated the dumping of waste into the ocean but did not prohibit it. This act adopts a command and control approach because there are annual fines per ton of waste that is still disposed of in the ocean, up to $600 a year. I think this act was much needed because the marine habitat suffers a great deal from our careless dumping and since water moves, contaminating the ocean is very dangerous because it is very difficult to contain the damage and prevent it from spreading.
The Freedom of Information Act (FOIA) is a federal freedom of information law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. It was signed into law by President Lyndon Johnson on July 4, 1966 and went into effect the next year. It was created to give the public more access to the federal government’s records. A later act, The Electronic Freedom of Information Act Amendments, expanded it to electronic records easier to find and read for the public. It had a big environmental impact because companies didn’t need to reveal everything that was in their products before and now they have to say what’s in them and how it may effect the environment.
The Food, Drug, and Cosmetics Act of 1938 is a set of laws that allows the U.S. Food and Drug Administration to monitor the safety of food, drugs, and cosmetics. The FDA is responsible for protecting and promoting public health through the regulation and supervision of food safety along with many other drugs and products. In the 1930s, federal regulators began a campaign for stronger regulatory authority by making public a list of injurious products which had been allowed by a previous law. The FDA began enforcing its new powers against drug manufacturers who could not substantiate the efficacy claims made for their drugs. This has a major effect on the environment because they can regulate what goes into the products and see what effect, if any, it will have on the environment.
Throughout the history of our country the United States has passed dozens of laws in order to protect our envrionment and ensure the safety of our citizens. The topic of these acts range from the enforcement of the protection of designated areas of land, to the making sanitation of our food services.
One law passed by Congress is the Federal Food, Drug, and Cosmetic Act. Passed in 1938 this law gives authority to the FDA to oversee the safety of foods, drugs, and cosmetics. The original motivation for Congress to create this act was over one hundred deaths were caused by a drug called sulfanilimide. Over the years this acts has been revized many time to conform to the changing ways of our society. Most recently it was ammended to include water bottle safety. This act adopts a control based approach. By giving the FDA power to control what is safe for people to eat, consume or wear cosmetically, they are givinig absolute power to a governmental orginazation. I think is this is a great Act. It solely is used to ensure the safety of the people of the USA. Without this law it is very likely we would see an increase in the number of food, drug and cosmetic diseases.
The Safe Drinking Act is a mandate that was passed in 1988 by the government. It implies that certain that the water supplied by companies meet certain specifications to be qualified as safe. In todays times as water becomes more and more scarce it is important that we prevent the creation of water born diseases which drastically effect people all over the world. This law ensures that everyone who gets water supplied to their homes can have clean, drinkable water, a luxury specific to the United States. This is a control based regulation because the government has complete control over the testing and mandating of the water.
1. The Antarctica Conservation Act was enacted in 1978 and addresses the issue of environmental conservation in Antarctica. This legislation establishes rules that require U.S. citizens that visit or operate in Antarctica to conserve Antarctica’s environment. It is unlawful to take native mammals or birds, enter specially designated areas, introduce evasive species to Antarctica, use or discharge pollutants, discharge wastes and import items into the United States. This is an important act because it conserves Antarctica’s environment and is stringent on any U.S. citizen who doesn’t abide by the regulations. This is a command and control based approach because the act relies on the enforcement of the law.
2. The Food Quality Protection Act was passed unanimously by Congress in 1996. This act shows how the EPA would manage the use of pesticides which led to the amendment of three other acts. It mandates a health based standard for the use of pesticides in food, provides special protection for young babies and children, involved in the approval of safe pesticides, establishes incentives to create safer pesticides and requires that pesticide registrations remain current. This act is an example of both a command and control based approach and a slight incentive approach. The FDA is mandating that companies abide and follow the new standards while on the other hand the act is giving incentives to companies who attempt to create safer pesticides. This is an important act because it regulates what is put into the foods that we are consuming in our bodies every day. This act also strictly regulates chemicals that could harm humans and the environment.
1) Noise Control Act of 1965: The act was put into effect in 1965 and set guidelines for the amount of noise pollution that would be allowed. Noise pollution is any excessive machine or animal made noise that disrupts normal every day life. The act virtually sets a “noise cap” on everything made by man anything from cars to a microwave. If something is louder than the act permits it is deemed illegal and cannot be made or used, as it would disrupt the quality of life of others. I believe that this act is important because it sets restrictions on business so for example people living next to huge factories won’t be disturbed by constant loud noise. This is also beneficial to animals because they won’t be disturbed by loud noise either. This act was revised in 1972.
2) Refuse Act of 1899: Act put into effect by the federal government in 1899. The act prohibited dumping refuse (garbage) into navigational waters, except by permit. Navigational waters are body’s of water such as rivers, lakes, or canals that are deep, wide and slow enough for a vessel to pass. This is again a command control approach such as the noise control act. This act forces companies not to dump their trash into navigational waters without a permit or face federal prosecutions. I think that this is a good law because it protects “commons” such as lakes and rivers that big corporations would use as a ways of just disposing their trash. I also think the act is also flexible because it allows dumping refuse if you have a permit.
1) Energy Policy Act of 1992:
This piece of legislation came into play during the year of 1992. This legislation does not directly require anything but it aims to reduce the United States’ dependence on imported petroleum, and to improve air quality by addressing all aspects of energy supply including alternative fuels, alternative energy and energy efficiency. Alternative fuel vehicles were also a pretty good part of this legislation, vehicles operating on non-petroleum fuels. The Energy Policy Act of 1992 set goals, created mandates, and amended utility laws to increase clean energy use and improve overall energy efficiency in the United States. This legislation used mostly an incentive approach offering tax cuts and other financial help to private institutions which wanted to expand or enter the clean and efficient use of energy. Along with providing private support the government also integrated the use of alternative fuel vehicles in their federal and state fleets, and decreased energy consumption in federal and other government buildings. I think that energy consumption is the most influential aspect of environmental science, because the increase in energy is what causes most other environmental problems such as water and air pollution. With a growing population alternative energy sources need to be developed so we can decrease or at least maintain our level of environmental impact.
2) The Nuclear Waste Policy Act of 1982
This piece of legislation came into effect during the year 1982, to manage the waste of the increase in nuclear power plants of the US. This act gives the Federal Government the legal obligation to have responsibility for spent nuclear fuel generated by power plants and the military. This piece of legislations also created the means to build a permanent deep geological repository at Yucca Mountain. The Nuclear Waste Policy Act also required nuclear power plant operators to finance the cost of the repository. A few other laws this Act created was that the DOE (Department of Energy) is responsible for construction and maintenance of the waste storage facility, the Nuclear Regulatory Commission to oversee it, and the Environmental Protection Agency the establish requirements of the facility. Command and Control is defiantly the approach behind this act, after all it is regulating nuclear energy and radioactive waste that if released can have a substantial threat to particular populations in this country. Proof of the Command and Control approach is the construction of the Yucca Mountain waste storage facility. When this act was passed in 1982 it stated that the construction of such a facility will be mandatory, therefore 5 years later in 1987 the facility was built. This is a very important issue because nuclear power is one of the most efficient ways of generating energy, but there are a few issues with the source including waste and safety. I agree with the command and control approach for this form of legislation because it deals with a material that can be an issue of public safety. When it comes to the safety of the citizens of this country incentive can not be trusted because no one knows if people will take the incentive.
1. The Ocean Dumping Ban Act came into effect in 1988. It bans ocean dumping of municipal sewage and industrial waste. The act uses a comand and control approach because any buisness without a previous permit to the act can not dump anything at all. Even buisnesses with permits have a specified amount of waste that they are allowed to dump. The act was effective because beaches in New York and New Jersey saw a complete change. Before the act, beaches were being closed due to floating garbage in the water. Denying the right to dumping garbage helped to keep our beaches and waters clean. Also, animals living in our water wont be able to die from eating our waste. This act was important in many ways and helps to keep our waters clean.
2. The Clean Air Act came into effect in 1970. It regulates air emissions from stationary and mobile sources. The act uses a market-based approach by giving certain businesses a tax break if they use newer machines with less emissions. Other companies that can’t afford the new equpitment often have to shut down because they can’t meet the requirements. The act is effective in reducing emissions but the regulations are unfair to certain buisnesses.
1. Anadromous Fish Conservation Act of 1965:
Finding that the anadromous fish resources of the U.S. were dangerously subjected to depletion from water pollution and the use of water resources, the U.S. Congress enacted the Anadromous Fish Conservation Act. Instated in 1965, this Act authorized the Secretary of the Interior to engage with states and other non-federal establishments “to conserve, develop and enhance” the anadromous fish resources of the U.S. It requires that the Secretary of the Interior, on the basis of studies, make recommendations to the Secretary of Health and Human Services on the elimination or reduction of polluting substances detrimental to fish. These amends are designed to enhance water quality and to take into consideration better uses of the waters. The legislation adopts a command and control based approach, as the Secretary of the Interior is required to contract with establishments that are depleting the anadromous fish populations. However, this Act, in a rather weak manner, does not require the compliance of other establishments. The Secretary of the Interior is only required to recommend to the Secretary of Health and Human Services to make amends.
(http://wildlifelaw.unm.edu/fedbook/anadfish.html)
2. Antarctic Conservation Act of 1978: (as amended in 1996 by the Antarctic Science, Tourism, and Conservation Act, which was enacted to implement the Protocol on Environmental Protection to the Antarctic Treaty.)
This Act provides for the conservation and protection of the fauna and flora or Antarctica and the ecosystem upon which they depend. The Act prohibits the introduction of prohibited products onto land, ice shelves or into Antarctic waters, as well as prohibits the disposal of waste on land or ice shelves or burning waste. Additionally, the Act disallows the introduction of nonnative species to the Antarctic, the taking (killing, injuring, capturing, etc.) of fauna life, and the possession, transportation, selling, purchasing, etc. of any native species. The legislation adopts a command and control based approach, as it prohibits certain actions and enforces the stated propositions with penalties (civil penalties of $5,000 – $10,000) and requires U.S. federal cooperation.
(http://wildlifelaw.unm.edu/fedbook/aca.html)
The Safe Drinking Water Act:
The safe water-drinking act was implemented in 1974 to protect public health by regulating our supply of water by the SDWA after many contaminants found in public drinking water. The EPA sets limits on the amount of contaminants found in drinking water. This includes animal waste, pesticides, human waste, etc… For this reason there are water-testing schedules and methods that water systems must follow. All public water systems must have at least fifteen service connections at least 60 days of the year. In the United States today there are about 170,000 public water systems. Future laws were enforced in 1986 and 1996, which protect lakes, streams, reservoirs, springs, and ground water wells. To prevent pollution barriers are set up including source water protection, treatment, distribution system integrity, and public information. This is a command and control approach as there is no incentive being given in this situation. It is mandatory, however, it is a necessity and for a common good. I believe this is a very important legislation and has been dealt with very well. It is protecting not only the human population, the world as a whole.
Clean Air Act of 1970
The Clean Air Act (CAA) regulates air emissions from stationary and mobile sources. It authorized EPA to establish National Ambient Air Quality Standards to protect public health from these hazardous pollutants. The main goal of this act was to raise awareness of the effects that the pollutants have on society. In 1990 the law was revised including the regulations and issues of acid rain, ozone depletion, and toxic air pollution. The laws were also amended in 1977 previous to this. This is a command and control approach because it is an enforced mandatory law. There is no incentive given and company’s need to follow these pollutant regulations. I believe this act is vital to our society because it keeps the pollution to a minimum and prevents a major pollution catastrophe from occurring. These laws need to become stricter, as we are still releasing an enormous amount of pollution into the air. However, it is a very important and successful act.
1. Energy Policy Act
The Energy Policy Act was taken into effect in 1992. This act seeks to improve air quality by reducing U.S. dependence on imported petroleum. To do so, the act pushes for a shift to alternative energy “through both regulatory and voluntary activities. It requires federal, state, and alternative fuel provider fleets to acquire alternative fuel vehicles. EPAct 1992 defines alternative fuels as: methanol, ethanol, and other alcohols; blends of 85% or more of alcohol with gasoline (E85), etc.” This act is more of an incentive-based regulation because it makes this shift voluntary; there are no specific control methods being imposed. I think that this act was critical for its time because it introduced alternative energies to the population.
2. Ocean Dumping Ban Act
The Ocean Dumping Ban Act of 1988 officially came into effect in 1991. The act was incited by the high industrial waste dumping and washing up of debris on New York and New Jersey coasts. It bans the dumping of sludge and industrial waste after December 31, 1991. The act also prohibits “any new dumpers, and required existing dumpers to obtain new permits that include plans to phase-out sewage sludge dumping at sea.” This legislation adopts a command and control approach by completely capping industrial dumping into the ocean. This type of legislation is what is needed to help the environment recover. By passing this act, other aspects like marine organisms are helped out.
Marine Protection, Research, and Sanctuaries Act:
In response to a growing concern of environmental, economic, and health issues affected by dumping materials into the ocean waters, the Marine Protection, Research, and Sanctuaries Act, or the Ocean Dumping Act, was passed by congress in 1972. This legislation is split into two titles, with the first aiming to regulate and authorize the waste being dumped into the ocean, and the second aiming to coordinate and monitor research involving the long-term effects of oceanic dumping. Under Title I, the Secretary of the Army is allowed to issue permits for waste disposal and the EPA to designate dumping sites, in order to prevent hazardous conditions caused by toxic, radioactive, and industrial waste. Under Title II, the US Coast Guard and the EPA are authorized to conduct a program that studies alternate dumping options and future planning and marine management. This act is a command and control regulation, because the EPA has the authority to restrict and limit waste disposal and fine violators of this law. Of course, ocean water waste dumping caused problems from the start, and this act is very positive as it helps prevent the growth of our hazardous pollution.
Safe Drinking Water Act:
Due to the detection of organic contamination in drinking water in the early seventies, congress determined to pass the Safe Drinking Water Act of 1974 to take action against the sobering amounts of tests proving traces of contaminates in drinking water. This part of the environmental legislation of the seventies authorizes the EPA to regulate public water systems for possible hazards to public health. The EPA requires the water to be regulated and inspected for contaminates and authorizes standards to protect ungrounded water sources from underground injunction fluids. Monitoring of plumbing technology is required, as the filtration and surface water systems must be examined and in proper condition. The Safe Drinking Water Act is command and control regulation, for the act controls the inspection and regulation of drinking water contaminates and holds repercussions for violations. This legislation is beneficial in multiple aspects because it protects the safety of water and it prevents contaminates from seeping into water supply, causing further environmental problems.
The Food Quality Act was enacted in 1996. It amended the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food Drug, and Cosmetic Act (FFDCA) by fundamentally changing the way EPA regulates pesticides. Some of the major requirements include stricter safety standards, especially for infants and children, and a complete reassessment of all existing pesticide tolerances. Specifically, some requirements were: for a strong, health-based safety standard for pesticide residues in all food; for the EPA to consider all non-occupational sources of exposure and exposure to other pesticides with a common mechanism of toxicity as well as children’s special sensitivity and exposure to pesticide chemicals; and for all existing tolerances be reviewed within 10 years to make sure they meet the requirements of the new health-based safety standard. This is an example of command and control regulation because it required that pesticides used in processed foods be set at a “safe level.” I believe that this law is necessary because oftentimes Americans do not think about the chemicals and pesticides that go into what they eat. With cancer and mental disabilities becoming more and more common, we should take into account the idea that these chemicals could be cause.
The Clean Air Act Amendment of 1990 regulates air emissions from stationary and mobile sources. Among other things, this law authorizes EPA to establish National Ambient Air Quality Standards (NAAQS) to protect public health and public welfare and to regulate emissions of hazardous air pollutants. These amendments aimed to classify nonattainment
areas according to the extent to which they exceed the standard, tailoring deadlines,
planning, and controls to each area’s status; tighten auto and other mobile source
emission standards; require reformulated and alternative fuels in the most
polluted areas; revise the air toxics section, establishing a new program of
technology-based standards and addressing the problem of sudden, catastrophic
releases of toxics; establish an acid rain control program, with a marketable
allowance scheme to provide flexibility in implementation; require a state-run
permit program for the operation of major sources of air pollutants; and implement
the Montreal Protocol to phase out most ozone-depleting chemicals. This is an example of command and control regulation, and it established a goal of 60% reduction in nitrogen oxide emissions in cars by 2003. I think that it was a smart idea to make this act command and control regulation rather than incentive-based regulation, because air quality is too important to be pushed aside to deal with in the future. Everyone breathes, and the sooner we can clear up our air, the better.
The National Invasive Species Act of 1996 amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990. The new legislation mandates regulations to prevent the introduction and spread of aquatic nuisance species into the Great Lakes through ballast water. The Act requires a ballast water management program to demonstrate technologies and practices to prevent aquatic nonindigenous species from being introduced and spread through ballast water in American waters. Secondly, that the installation and construction of those technologies and practices be held in the United States. The legislation adopts a command and control based approach because there are strict guidelines that need to be followed. This legislation is of high importance to the environment. Invasive species can cost millions and millions of dollars in damage, and immeasurable amounts of damage to the ecosystem into which it invades.
The Oil Pollution Act of 1990 came into effect in August, largely due to rising public concern following the Exxon Valdez incident. The OPA established provisions that expands the federal government’s ability, money and resources necessary to respond to oil spills. Also, the OPA required contingency planning both by government and industry. This legislation adopts a command and control approach. There are things that industries must comply with to follow the new law. The Federal government is required to direct all public and private response efforts for certain types of spill events. “Area Committees”, composed of federal, state, and local government officials, must develop detailed, location-specific Area Contingency Plans. Lastly, owners or operators of vessels and certain facilities that pose a serious threat to the environment must prepare their own Facility Response Plans. Due to our increasing dependence on oil, we will have more oil rigs in the ocean, and if we do not take preventative action, BP oil spills could become a regular occurrence. This cannot be allowed to happen. The wildlife and economy are both drastically effected.
Noise Control Act (NCA) of 1972. Congress hoped to “promote an environment for all Americans free from noise that jeopardizes health or welfare.” The Office of Noise Abatement and Control (ONAC) of the Environmental Protection Agency (EPA) was charged with overseeing noise controlling activities and coordinating its programs with those of other federal agencies that play an important role in noise control. The Noise Control Act was amended by the Quiet Communities Act of 1978 to promote the development of effective state and local noise control programs Throughout the 1970s ONAC issued reports identifying the products that are major sources of noise pollution and providing information on ways to control the noise they generate, for example, the regulation of noise emissions from aircraft. EPA publications included a public education and information manual for noise for schools and pamphlets on sound, sound measurement, and noise as a health problem. This act applies the command and control approach. It is less strict though and since it seems a law that is difficult to set limits for it is more about raising awareness. This legislation is important because noise pollution is still pollution. In some cases it may be deafening but in other cases it is just unpleasant and makes for an unpleasant living environment.
Pollution prevention act of 1990: The Congress declared it to be the national policy of the United States that pollution should be prevented or reduced at the source whenever feasible. Pollution that cannot be prevented should be recycled in an environmentally safe manner. Pollution that cannot be prevented or recycled should be treated in an environmentally safe manner. Disposal or other release into the environment should be employed only as a last resort and should be conducted in an environmentally safe manner. This is a command and control based approach since there are no penalties or rewards involved. I think that a standard law such as this one is important because it is very broad and covers a lot in the realm of pollution.
The Safe Drinking Water Act
The Safe Drinking Water Act was part of the 1970’s boom of environmental legislation, it was passed in 1974 due to contaminated water and a lack of enforceable code. In 1986 the Act was amended to be more specific. The act was to make drinking water safe for the public. The EPA works with water treatment facilities to make sure that a list of organic and inorganic contaminants don’t enter the water. This was an important act because water is used by everyone throughout the country, so it’s important for it to be clean and safe.
The Endangered Species Act
The Endangered Species Act was passed in 1973 to protect “imperiled” species from extinction. The Act is enforced by two agencies; the Fish and Wildlife Services and the National Oceanic Atmospheric Administration. It requires that other federal agencies consult those two to make sure their actions will not jeopardize a species it also forbids the “taking” of endangered animals. Punishments for breaking the rules within the act can vary from fines to a year of jail time. The Act has proven to be very successful, several previously endangered species have been removed from the lists.
Oil Pollution Act- This came into effect in 1990. It establishes a liability to companies that cause catastrophic oil spills for damages to natural resources. It includes a trust fund that pays to clean up spills when the party responsible is incapable. This trust fund is created from tax on oil. It also requires double hulls on all oil tankers that enter U.S. Waters by 2015. This is both a command and incentive based approach because the companies have until 2015 to continue using single hulls on their oil tankers but the oil tax would encourage them to double hull because it makes losing oil in oil spills that much more expensive and damaging to their company. But by 2015 they no longer have this choice, so it is in control. This is extremely important because oil spills are always devastating to the environment they occur in and they are accidents that can be easily stopped. It is important to have a law that enforces the use of double hulls because that makes oil spills easily avoidable
Soil Conservation Act- This act came into effect in 1935. It authorized the formation of the Soil Conservation Service (known today as Natural Resources Conservation Service). This service’s mission was to work with U.S. Citizens to conserve natural resources on private lands. The NRCS assesses soil damage and develops policies to improve and sustain soil resources. In the past farmers have been more likely to conserve soil during hard financial times and periods of agricultural surpluses, both of which translate into lower prices for agricultural products. When prices are high, farmers have more incentive to put as much of their land as possible into production, even the highly erodible parts. Federal soil conservation programs have contributed to production on marginal lands that rely on optional instead of mandatory compliance to encourage soil conservation practices. The federal government has traditionally used incentives. I think this is an important act because it brings awareness to U.S. Citizens about soil conservation, an act of conservation many citizens aren’t even aware is necessary. Bringing awareness to them will help to bring them to contribute to the conservation or to encourage farmers to conserve.
The Safe Drinking Water Act was originally passed by Congress in 1974 to protect public health by regulating the nation’s public drinking water supply. The law was amended in 1986 and 1996 and requires many actions to protect drinking water and its source. Environmental Protection Agency (EPA) enforced that water suppliers needed to pass certain guidelines in order to continue supplying. This is important because water is something you need to survive. Also all kind of diseases can come from filthy water. The EPA set standards for the drinking water and regulate water suppliers. This was a command and control act, forcing companies to follow a law for water safety. This act is important because in order to survive you need clean water. Water should be someone’s right to have because it’s so important.
The Food Quality Protection Act was put into place in 1996. This law regulated pesticides used in foods, making the levels safe for infants. This act amended the Federal Insecticide, Fungicide, and Rodenticide Act. It enforces a health-based standard for pesticides used in foods, provided special protections for babies and infants, list the approval of safe pesticides, established incentives for the creation of safer pesticides, and required that pesticide registrations remain current. This act has a command and control approach because it forces actions of companies to change. But there is a incentive based approach, because the incentives for safe use of pesticides comes off as a bribe. In the end this act is use to keep people safe. Food is very important in surviving so regulation of chemicals used in making food is vital.
The Safe Water Act: This act was passed in 1974 and put a federal mandate on the quality of drinking water in America. Since then, the government has taken many actions under this law to protect the main sources of water, including lakes, rivers, springs and reservoirs. This legislature requires drinking water to be meet health standards and to monitor both naturally occurring and man-made contaminants. The Environmental Protection Agency works together with water treatment facilities to make sure these standards are met. This act has employed a command and control approach; there are no incentives offered to water treatment facilities if they follow the regulations, it is just mandatory that they do so. I think that this law is very important to the environment because it not only provides humans with clean, healthy drinking water, it also makes sure that contaminants are not put into natural water resources. In this manner, it protects the population and the environment, which makes the law truly successful.
The Endangered Species Act: This act, passed in 1973, provides protection and conservation to the growing list of endangered animals, plants and habitats around the world. The regulations associated with this law make it illegal for anyone to take these pre-determined species from their natural environment and requires all federal agencies to work with the U.S. Wildlife Service to ensure that no actions they take will harm any creature on the list. Most importantly, it has also prohibited the import, export and sale of any endangered species. This legislature also utilizes a command and control approach because it does not offer an alternative to following these regulations. If the set rules are disobeyed, the offending party will be punished because they have broken a federal law. I think that this law is also extremely important to our environment because it protects thousands of species that would otherwise vanish completely. It is very necessary to have regulations like this because they help to keep the diversity of our ecosystems constant.
Toxic Substances Control Act of 1976: This act was passed by Congress in 1976, regulating the introduction of new or already existing chemicals. Despite much confusion, the act did not categorize and separate chemicals into the categories of toxic and non-toxic. It did, however, forbid the creation of chemicals that were not registered on the toxic substances control act inventory. The act also required manufacturers to inform the EPA of chemicals being used before manufacturing. The chemicals would then be evaluated by the EPA and either regulated if they find a danger to human health or the environment or banning them altogether. This act involves a command and control regulation strategy. I think this act is extremely important. It requires the evaluation of chemicals before manufacturing, so as to limit the number of unhealthy chemicals in the air. The act has seemed to work thus far, however the process of approval from the EPA can take a long time.
The Oil Pollution Act: This act was passed in 1990 and signed by President Bush. The goal of the act is to prevent civil liability for future oil spills, specifically off the coast of the United States. The act requires that companies have a plan of how they will ensure spill don’t occur, and a cleanup plan that would be enacted if they do. The act was enacted in response to the 1989 Exxon Valdez oil spill, which at the time was the largest oil spill in the history of the United States. At the time of its approval, the act garnered great support from both political parties. This act involves a command and control regulation strategy. I am in favor of the act. I think it is necessary to have a plan in anticipation of an oil spill.
1. Wilderness Act
The Wilderness Act was implemented on September 3rd, of 1964. This law created the legal definition of wilderness, stating that wilderness is “an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain.” The legislation also established a permanent preservation system called The National Wilderness Preservation System. This system was meant to address land already owned by people that has not been built on and leave the land untouched for the future. In addition to the act, President Lyndon B. Johnson, president at the time, established 9.1 million acres of land to be federally owned and protected. This act takes a command and control approach because it is protecting land that otherwise would be used commercially. If no land is saved for wilderness purposes then our nation will not only be over crowded with factories and buildings but also be emitting even more pollutants into the air.
2. Pollution Prevention Act
The Pollution Prevention Act of 1990 focuses on government, industry and personal ways of reducing pollution rather than upon the treatment and removal of the pollutants. The act states that pollution should be prevented whenever feasible, and whenever it cannot be prevented it should be recycled in an environmentally-safe way. The act defines source reduction as any practice which reduces the amount of hazardous substances or reduces health/environment hazards to the public by the release of substances or pollutants.The EPA administers this act through the OPPT (office of pollution, prevention and toxics). I think this act takes a command and control approach because it enforces people to prevent their pollution. This law is very important because if we do not consider the effects of pollution now and we do not reduce our pollution emissions, we will ultimately have no clean air left.
Montreal Protocol: This became a law in 1987. It was the result of a conference on CFCs and their impacts on the thinning ozone layer. The Protocol made laws to phase out CFCs, more immediately for developed countries and a later deadline for still developing countries. Today CFCs are no longer produced, and the only ones remaining are part of old refrigerators, air conditioners etc. The Montreal Protocol was a command control approach, there was an absolute deadline after which there could not be any CFCs used. This legislation is important because it demonstrates the precautionary principle and quick, decisive action by humans to help the environment, and is a good model of lots of countries all working together to make an even bigger difference.
Clean Water Act: This was established in 1972. It sets quality standards for all bodies of water. It also regulates how much waste discharge and pollution can be emitted into the water. This legislation uses an incentive-based approach- industries need to obtain permits (which they can buy) to dump waste. This legislation is important because it protects one of the largest and most vital resources we have, water.
Fish and Wildlife Act of 1956
This piece of legislation came into effect in 1956. It established a policy for the nation’s fish, shellfish, and wildlife resources policy. It also ensures continued research on fish and wildlife matters. This act looks to prevent overfishing, yet promotes recreational fishing. This is an incentive based piece of legislation because it does not require anything directly from the people whom it concerns. Instead, it looks to improve our knowledge of fish and wildlife, and keep fish populations and steady numbers. Overall, I support this act because it will protect the fishing and hunting industries. Overfishing and overhunting will not be as much of a problem now that this is in place. As a result, the economy will stay strong and the food industry won’t struggle.
Solid Waste Disposal Act of 1965
This act came into effect in 1965. Open air burning of trash was common prior to this being passed. As a result, this act requires people to dispose of their trash in environmentally sound ways. For example, instead of burning trash, people must bring the trash to sanitary landfills where it can be dealt with in an environmentally friendly way. This is a command and control approach, because there are no incentives. Instead, the government is directly telling people that they must dispose of their trash in a certain way. I agree with this piece of legislation because it prevents air pollution from unnecessary burning of trash and ensures that all trash will be dealt with safely by the government.
The Safe Drinking Water Act: The Safe Drinking Water Act was put into place in 1974. This act ensures the safe quality of drinking water for American citizens. The EPA set standards for the drinking water as well as oversees the implementation of these standards in individual states and water suppliers. This was a command and control act, forcing companies to follow a standard law for water safety. This act is important to the well-being of American citizens and as a result, a positive act. This ensures that the water citizens receive when they turn on the tap will be safe. Water, as a basic human right, should be provided to citizens, and citizens should be able to drink without caution. This is a luxury, citizens of America often take for granted.
The Food Quality Protection Act: The Food Quality Protection Act was put into place in 1996. This law standardized the management of pesticides used in foods, making the levels safe for infants. This act amended the Federal Insecticide, Fungicide, and Rodenticide Act. The EPA banned 80 pesticides in 1996. This act has a command and control approach. The FDA uses mandates to change the actions of companies. Yet, at the same time, there are remnants of a inceptive approach, through bribery – incentives for safe use of pesticides. This act was vital to pesticide safety, and the act used a good balance of command and control and inceptive approaches.
Throughout the history of our country the United States has passed dozens of laws in order to protect our envrionment and ensure the safety of our citizens. The topic of these acts range from the enforcement of the protection of designated areas of land, to the making sanitation of our food services.
One law passed by Congress is the Federal Food, Drug, and Cosmetic Act. Passed in 1938 this law gives authority to the FDA to oversee the safety of foods, drugs, and cosmetics. The original motivation for Congress to create this act was over one hundred deaths were caused by a drug called sulfanilimide. Over the years this acts has been revized many time to conform to the changing ways of our society. Most recently it was ammended to include water bottle safety. This act adopts a control based approach. By giving the FDA power to control what is safe for people to eat, consume or wear cosmetically, they are givinig absolute power to a governmental orginazation. I think is this is a great Act. It solely is used to ensure the safety of the people of the USA. Without this law it is very likely we would see an increase in the number of food, drug and cosmetic diseases.
(2nd response coming later…)
Matt Captain period 7
One environmental legislation I chose was Marine Mammal Protection Act of 1995. It came into effect in the year 1995 and it requires that there be a “federal responsibility to conserve marine mammals, with management vested in the Department of Commerce for cetaceans and pinnipeds other than walrus. The Department of the Interior is responsible for all other marine mammals, including sea otter, walrus, polar bear, dugong and manatee. The Act generally assigns identical responsibilities to the Secretaries of the two departments.” This act makes that only certain people who follow guidelines can hunt/fish. One example is that commercial fishing operations is only allowed either by permit or authorization by the Secretary. The government is trying to lower the amount of deaths or injuries marine mammals in commercial fishing. The act was found to be the very first piece of legislation specifically for an ecosystem for a natural resource management and conservation. This act enforces that there is no taking of any marine mammals whether they are imported or exported. There also is no harassing/hunting/killing/ or capturing of any marine mammals. It adopts a command and control based approach because it is making rules against harming any marine mammals. I feel that it is important because we can not be harming these mammals because they’re already such a low amount of marine mammals. Hurting or harassing will only make matters worse.
Another environmental legislation I chose was the Endangered species act of 1973. This act provides a program for any endangered plants, animals, and habitats and tries to protect them. This act makes U.S Fish and wildlife service promise that any activity or fund they do will not affect any of the existing endangered species/plants/animals and that these species will not be hurt or killed by accident. This act first came into place in the year 1973 but there have been many changes and things added to it in the years followed. I feel that this legislation adopts a command and control approach because it demands that any agencies or services can not harm any of the endangered species and if they do there will be consequences. I feel that this act is very important because it involves protecting species that are endangered; not just animals but also plants and species. I feel it is very necessary because we can not have more and more animals being extinct. More species or plants gone can only harm us.
1. The Refuse Act of 1899 came into effect in 1899, and prohibited the dumping of refuse or garbage into navigable waterways without permit. While the act was initially created to control debris that obstructed waterways , it has been amended to focus on water pollution. This was extremely important as it was the first act designed to preserve water quality and management. If someone is caught dumping refuse without a permit, they will be fined.
2. The National Invasive Species Act was introduced in 1996, and its purpose was primarily to prevent invasive species from entering the Great Lakes through ballast water. Instead, all ships entering the US are encouraged to exchange their ballast water outside the 200-mile US Exclusive Economic Zone. Some of the most damaging species introduced through this ballast exchange are Zebra mussels and Eurasian ruffe. This act is important because it prevents the introduction of invasive species, which can destroy an ecosystem.
1. The Safe Drinking Water Act of 1974:
This law was made to give people with clean drinking water that was safe for everyone to drink. The Environmental Protection Agency(EPA) stated that water suppliers needed to pass certain guidelines of criteria. This new law is essential because many illnesses are obtained through the water we drink. Water is a necessity for us to survive, and if it is not clean then many people could get sick because it spreads rapidly. Many places to this very day, mainly outside the U.S. do not always have clean water. This is a big issue to this day and it will continue to be a problem in some areas forever. This is a command and control approach to try to cooperate for the better living of all.
2. The Food Quality Protection Act of 1988:
This law created standard guidelines for which all foods that are cared for must follow.This law is most crucial for the production of foods without pesticides or other things used to tend to the foods. The SDWA states that the accumulation of pesticides throws off the balance and equality in the food chain. This is very important because it affects all predators and prey everywhere.This law also takes a command and control based approach because it is guided by the criteria for the law, and for the greater good for all people.
#1. National Environmental Policy Act of 1969- Came into effect in 1969. This was to declare a national policy which will encourage a productive balance between man and his environment, and to promote efforts which will prevent or eliminate damage to the environment, and to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality. This was a command and control based because the government followed up with it. “In order to carry out the policy set forth in this Act, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may
fulfill the responsibilities of each generation as trustee of the environment for succeeding generations.”
I think this is very important, as it is unrealistic to not be concerned with our environment.
#2. Pollution Prevention Act of 1990- came into effect in 1990. It basically said that pollution should be prevented or reduced at the source whenever feasible. Preventing pollution offers important economic benefits, as pollution never created avoids the need for expensive investments in waste management or cleanup. It is incentive based approach since it was off of money, and the cost. “Preventing pollution offers important economic benefits, as pollution never created avoids the need for expensive investments in waste management or cleanup” I think it is very important because if we do not care about pollution, sooner or later it will become a huge issue since our planet cannot run on a dirty environment.
http://www.fws.gov/laws/lawsdigest/FWCON.HTML–Fish and Wildlife Conservation Act:
1) The Fish and Wildlife Conservation Act came into effect on September 29, 1980. The act authorizes financial and technical assistance to the States for the development, revision, and implementation of conservation plans and programs for nongame fish and wildlife. The original Act authorized $5 million for grants (1982-1985) for development and implementation of comprehensive State nongame fish and wildlife plans and for administration of the Act. It required the U.S. Fish and Wildlife Service to study mechanisms for funding these activities and report back to Congress. The Act is very incentive based because its guidelines for the states follow conservation plans, including such requirements as determining the size of animal populations and the condition of their environments. Also, they must also provide for an inventory of nongame and other appropriate fish and wildlife that are valued for their “ecological, educational, cultural, aesthetic, recreational, economic or scientific benefits” and identify significant problems that could affect their habitats. This act as a whole has saved many species in the fish world, along with many nongame birds, such as many migratory song bird species. Overall, this act was very important to the environment.
2) Safe Drinking Water Act of 1974:
This act came into effect after there was a pandemic of organic contamination in public drinking water. Many individual places around the United States had their own drinking water standards, but the country on a national level did not have one national law. The absence of that national regulation caused the act. The Environmental Protection Act sets the standards overall and watch over it all. The main problem was that the drinking water was filled with contaminants, such as lead and coliform bacteria (which we had recently a problem of). The act required changes to technology used in water systems such as well head protection, filtration of surface water systems. This act isn’t quite incentive based, but is more based on command and control because the act calls the shots and regulates. It is important for the environment because it controls water quality and cleans the drinking water from all of the potential threats and contaminants. It keeps the ecosystems safe as well as the humans.
The Wild Bird Conservation Act of 1992 was signed on October 23, 1992. The act places a moratorium on the importation of specific exotic birds into the United States, gives criteria to decide if breeding facilities are to be deemed qualified, and give criminal penalties for violations of the act. This act has a command and control approach due to the fact that there are penalties if one doesn’t follow the regulations set forth by the act. This is supported by the power given to the secretary of the U.S. Fish and Wildlife Service to prescribe criminal penalties. I feel this is an important act because it is working to end black market trades of rare and endangered birds. This trading is causing populations around the world to drop to unsafe levels. Hopefully, this act will allow for the bird species stated in the act to reach their normal population levels.
The Wilderness Act of 1964 was approved on September 3, 1964. The act “provides criteria for determining suitability and establishes restrictions on activities that can be undertaken on a designated area. It authorizes the acceptance of gifts, bequests and contributions in furtherance of the purposes of the Act and requires an annual report at the opening of each session of Congress on the status of the wilderness system.” This act also takes a command and control act because it is transferring public land over to the National Wildlife Preservation System. This stops others from developing the land for commercial purposes. I believe that this act an important stepping-stone for the setting aside of land for conservation.
I. The Freedom of Information Act came into effect in 1966. This law requires government data to be publicly accessible, either free or with a minimal fee. This law has 9 exceptions, which have to do with privacy issues and avoidance of contradiction with other laws. I don’t think this law can be categorized as either command and control or incentive based, because it doesn’t directly deal with environmental issues. The Act seems to relate to environmental issues indirectly, that is to say, environmental issues aren’t the focus of it. I’m all for this kind of legislation. I have a personal belief that if you have to lie, or keep something hidden, that represents a serious problem.
II.The Water Quality Act of 1987 came into effect in 1987. It’s an annexation to the Clean Water Act that addresses a problem related to stormwater from industrial plants. Rainwater can be contaminated when it falls on an industrial plant, and after several studies this Act was appended to the Clean Water Act requiring factories to maintain a certain level of cleanliness in their stormwater. This type of legislation represents a command and control approach, the government regulates an environmental issue instead of succumbing to the whims of powerful industrial plant owners. I also agree with the passing of this legislation. I think it’s important that the government can put its foot down and say that an issue is important, regardless of what the fat cats want.
1. Alaska National Interest Lands Act
This act was passed by Congress and signed by President Jimmy Carter in 1980, and provides for the creation and subsequent conservation of 15 National Park Service properties in the state of Alaska. It also set aside land for the U.S. Forest Service and the U.S. Fish and Wildlife Service; in total, it designated nearly 80 million acres of land, a third of which was established as wilderness area. Among the locations that fall under this act are Glacier Bay National Park and Preserve, Denali National Park, and the Gates of the Arctic National Park and Preserve. The law was passed after some controversy in Congress over President Carter’s use of the Antiquities Act to designate several of the areas in question as National Monuments in the face of issues being raised by mining and forestry interests. Following Carter’s act, there was widespread protest across Alaska. This type of legislation would fall under the command and control approach, since it directly required the designation of these lands as National Parks. I feel that this legislation is important since, looking at all of the unbelievably spectacular locations that these National Parks encompass, it is hard not to support preserving them for future generations; it would be a shame to destroy any of these areas through mining or forestry as they are unlike any other places on Earth.
2. Ocean Dumping Ban Act
An amendment to the Marine Protection, Research, and Sanctuaries Act of 1972, the Ocean Dumping Ban Act was passed in 1988, banning all ocean dumping of waste such as sewage sludge, industrial waste products, high level radioactive waste, and agents of biological, radioactive, or chemical warfare. Coinciding with this amendment was the phenomenon known as the “Syringe Tide,” in which medical waste such as syringes and vials of blood, as well as raw garbage, washed up on the Jersey Shore and the beaches of Long Island in the summer of 1988. This act was also command and control in nature, as it explicitly banned this type of ocean dumping from occurring any longer. This act was key since not only do these wastes affect the health of marine life, but they can also harm humans who are in contact with the waste-infested waters; it is obviously not healthy to swim in water that contains medical, industrial, and radioactive waste. In general, these practices should not be continued under any circumstances and the government was right to pass such a ban.
Clean Air Act of 1970
The Clean Air Act was originally passed in 1963, and significantly amended in 1970, 1977, and 1990. The EPA was required to enforce regulation to protect the public from exposure to airborne contaminants and pollutants, due to increasing amounts of pollution found in air. The new amendments involved; emissions testing, acid rain, ozone depletion, toxic air pollution, and evaporate emissions. The EPA also put NAAQS, or National Ambient Air Quality Standards, into affect, which set certain air quality standards necessary for the safety of the public. For major sources of pollution, the EPA established emission standards that required a maximum amount of reduction for pollution, they are known as the MACT standards. This environmental legislation is command and control regulation because limits were set for the amount of pollution from mobile and stationary sources. The EPA demanded that emissions from cars needed to be reduced, and this was achieved with the help of catalytic converters. I feel this legislation is very important because without the demand of action from the EPA, steps to reduce emissions and pollution would have been put off and environmental conditions may have gotten worse.
Ocean Dumping Act of 1972
The Ocean Dumping Act of 1972 is also known as the Marine Protection, Research, and Sanctuaries Act of 1972. The EPA regulated the dumping of industrial waste, sewage sludge, biological agents, and radioactive waste. Because this pollution is water-based, there are no boundaries set for certain countries to deal with certain locations of pollution. So, ocean dumping is regulated internationally. Some minimal dumping is allowed with a permit, and only if the dumping will not unreasonably degrade or endanger human health, welfare, marine environment, or ecological systems. For violation with or without a permit, the EPA can fine up to 50,000, based on the toxicity of the contamination. This act is also command and control because there are fines for violations of the law. Congress also requires that dumping cease at a 12 mile site off of the New York/New Jersey coast and that the waste needs to be relocated 106 miles offshore. I think this act is very critical. Dumping into the ocean affects so much; the water we drink, marine life, and the land around the water. And because the pollution is in the water, it will quickly spread far.
#1. National Environmental Policy Act of 1969- Came into effect in 1969. This was to declare a national policy which will encourage a productive balance between man and his environment, and to promote efforts which will prevent or eliminate damage to the environment, and to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality. This was a command and control based because the government followed up with it. “In order to carry out the policy set forth in this Act, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may
fulfill the responsibilities of each generation as trustee of the environment for succeeding generations.”
I think this is very important, as it is unrealistic to not be concerned with our environment.
#2. Pollution Prevention Act of 1990- came into effect in 1990. It basically said that pollution should be prevented or reduced at the source whenever feasible. Preventing pollution offers important economic benefits, as pollution never created avoids the need for expensive investments in waste management or cleanup. It is incentive based approach since it was off of money, and the cost. “Preventing pollution offers important economic benefits, as pollution never created avoids the need for expensive investments in waste management or cleanup” I think it is very important because if we do not care about pollution, sooner or later it will become a huge issue since our planet cannot run on a dirty environment.
The Endangered Species Act came into effect in 1973. The Act provides the conservation of endangered species, wildlife. This Act requires that people not harm or take the life of any species on the Endangered list, usually even when the species is found on one’s property. Additionally, it is unlawful to significantly alter the habitat that the endangered or threatened species resides in. The legislation adopted a command and control based approach. However, the law enforcement on private property of this legislation has created heated debate. In 1990, the Northwest forests became protected because the spotted owl resided in that habitat; this protection of the forest caused nearly 12,000 lumberjacks to lose their jobs. In the late 90′s an immigrant was told he could no longer plow because an endangered species of Kangeroo resided on the farm. The immigrant plowed regardless and was jailed for five months. It’s important to have a law that strictly regulates and monitors endangered species, because at the rate humans use up the environment its easy to “forget” different species. This act allows for a sustainability for certain species that would otherwise be destroyed because of humans interference. While I understand the complexity of the Endangered Species Act, especially in regards to an individuals rights on his own property, fundamentally the act is critical to preserve and protect animals and the habitat they live in.
The Food Quality Protection Act came into effect in 1996. This Act requires tougher safety standards for new and old pesticides and makes uniform requirements for both processed and unprocessed foods. It requires much more extensive and frequent assessment of the effects foods and pesticides have upon people. It mandated a health-based standard for pesticides used in foods, provided special protections for babies and infants, established incentives for the creation of safer pesticides, and required that pesticide registrations stay up to date. Most of this Act has a command and control approach. FDA is mandating that the companies change and abide by the new standards; it is not optional. If the companies do not follow the new standards, their product will not make it to the market. However, there is a slight incentive approach; the Act claims to provide incentives for pesticide companies who make safer pesticides. This legislation is extremely important, especially considering there hadn’t been any major modifications in regulations regarding food quality for almost 50 years. This act is important for several reasons, one being that it mandates companies investigate a products effect on babies and infants. This act is important for the environment, however, because it strictly regulates chemicals and not only their effect on people but also their effect on the environment. And lastly, this act provides incentives to create safer chemicals which would be less harmless and polluting to the environment.
1. Food, Drug and Cosmetics Act of 1938:
This piece of legislation came into effect after the death of 100+ people due to a medication that used a chemical to dissolve itself into a liquid form. There is no incentive to these laws; they are simply made to protect people by giving the FDA the right to oversee the safety of food, drugs and cosmetics. The act contains many prohibited acts and their penalties for violating them. It gives the FDA the authority to perferm inspections, give certain types of drugs clearance and regulate food adulteration. Companies are not compensated in any way, however it could be looked at as beneficial because it could save a company money in law suits if the FDA catches something that could be potentially harmful to consumers. I think the majority of this legislation is targeted towards helping consumers, however this does help the environment by having the ability to regulate the creation and use of pesticides. Anything that could be too harmful to the environment and those living in it would be regulated and stopped by the FDA.
2. Safe Drinking Water Act of 1974
The SDWA was put into place after many places found organic contamination in public drinking water. The absence of national regulation for drinking water is what really caused the act. Many places had drinking water standards, but the US as a whole did not abide by one national law. Under the SWDA, the EPA is required to set standards for drinking water and oversee anyone who falls under these standards. Prior to the act, much drinking water was filled with contaminants like lead and coliform bacteria. On top of the act requiring the regulation of contaminants, it also required certain changes to technology used in water systems such as well head protection, filtration of surface water systems, etc. This as well is not incentive based, but rather it is based on command and control. This is important for the environment because it controls water quality and cleans contaminants from water, and prevents contamination from happening. I think this is very important because it helps organisms living in the water and those who drink it.
1. The Safe Drinking Water Act of 1974 is a law implemented to provide clean, safe drinking water for the general public. The Environmental Protection Agency mandated drinking water suppliers to meet certain requirements. This act is important because many diseases are the result of bad drinking water. These diseases can spread through the food chain and have negative consequences. Opposed to many third world countries that lack access to clean water, nearly every citizen has clean public drinking water. This is a command and control based approach.
2. The Food Quality Protection Act of 1988 implemented a standard which all foods must obtain. This act is especially important for the production of foods without harmful pesticides that is for babies and infants. As mentioned in the SDWA, the bioaccumulation of pesticides imbalances the food chain and significantly harms predators at the top (including humans). This act also is a command and control based approach because it relies on the regulation and enforcement of the law.