Intergovernmental Relations and Environmental Protection. Terry A. Trumbull
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1 Intergovernmental Relations and Environmental Protection Terry A. Trumbull
2 Major Federal Laws Clean Air Act Clean Water Act Ground Pollution o RCRA (Resource Conservation & Recovery Act) o CERCLA (Superfund)- 1980
3 U.S. Constitutional Principles States created federal Government Federal government has limited powers All other powers reside in the states Federal government cannot force states to act
4 U.S Constitution and Environment Environment generally regulated by commerce clause Other areas of authority treaty defense federally owned lands
5 Pre-emption Where federal government has authority, it may pre-empt regulation by state or local government States have same authority over local government General Enforcement Concepts o Federal government can encourage state cooperation - Denial of funding o Federal government can enforce federal laws
6 Environmental Protection/ Resource Management Environmental Protection= reduction of pollution of air, water, or ground Resource Management= value judgment about how to best use natural resources (energy; parks; public lands; fish & game; forests; coast; special areas)
7 General concepts for Federal Environmental Protection Federal facilities must follow state and local environmental laws Freedom of Information Act Citizen suits Protection standards o Health v. Cost/Benefit US EPA regulations subject to Presidential oversight process
8 Hierarchy of Intergovernmental Regulation Congress Passes Law US EPAo National Regulations o Approves Plans Stateo Write and complete State Implementation Plan (SIP) Local/ Regionalo Writes Permits o Enforcement
9 Air Pollution Congress Passes Law US EPAo National Regulations o Approves Plans State- Air Resource Board (ARB) o Write and complete State Implementation Plans (SIP) Local/ Regional- Air Pollution Control District o Writes Permits o Enforcement
10 Water Pollution Congress Passes Law US EPAo National Regulations o Approves Plans State- State Water Resources Control Board o Write and complete State Implementation Plan (SIP) Local/ Regional- Regional Water Control Board o Writes Permits o Enforcement
11 Local/ Regional- Facilities- DTSC regions Users- Local Fire Deparment o Writes Permits o Enforcement Toxic Ground Pollution Congress Passes Law US EPAo National Regulations o Approves Plans State- Department of Toxic Substance Control (DTSC) o Write and complete State Implementation Plan (SIP)
12 Solid Waste Pollution Congress Passes Law US EPAo National Regulations o Approves Plans State- Department of Resource Recycling and Recovery (DRRR) o Write and complete State Implementation Plan (SIP) Local/ Regional- County Health Departments o Writes Permits o Enforcement
13 Federal Enforcement in Practice US EPA enforces in half of states Consistent during Nixon, Ford, & Carter Party dependent since 1981 Republican- no enforcement; lots of environmental citizen suits Democrat- enforcement; lots of industry suits to attack new regulations
14 Administration of Environmental Protection Federal- United States Environmental Protection Agency Typical State- State Environmental Protection Agency
15 California s Unique Approach to Environmental Protection Many independent boards and commissions Multiple state/regional/local entities o Air- 31 o Water- 10 o Toxics Substance ~500 o Non-toxic- 59
16 Cal EPA- Air and Water Water pollution control 1. California Water Resources Control Board(also manages water rights) Regional Water Quality Control Boards (9- handle water pollution permitting and enforcement; not involved in water rights) Air pollution control 2. California Air Resources Board (ARB) plus about 30 separate air pollution control districts
17 Cal EPA- Toxics on Land Department of Toxic Substances Control 4 regional enforcement offices for treatment & disposal facilities Local Fire Departments enforce for users of toxics Office of Pesticide Regulation Office of Environmental Health Hazards Assessment (OEHHA)
18 Resources Agency- Department of Resources Recycling and Recovery Non-toxic land pollution Department of Resources Recycling and Recovery (Cal Recycle) o 58 county enforcement agencies (County Environmental Health office)
19 California Resources Agency Departments Department of Boating and Waterways Department of Conservation Corps Department of Conservation Department of Fish and Game Department of Forestry and Fire Protections Department of Resources Recycling and Recovery Department of Water Resources
20 California Resources Agency Commissions California Coastal Commission California Energy Commission California State Lands Commission San Francisco Bay Conservation and Development Delta Protection Commission Central Valley Flood Protection Board Board of Forestry Fish and Game Commission Mining and Geology Board Wildlife Conservation Board
21 Special California Rules Brown Act Public Records Act Initiative/Referendum/Recall
22 California Approach- Openness Advantages Continuity Distancing from political influence
23 California- Disadvantages Lack of responsibility Appointments for political reasons Little oversight of appointee behavior
24 Overall comments Approaches made by media Some conceptual similarity Discouraging decline into partisanship
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