A brief overview of the EPA's regulatory functions and the political economic forces that eviscerate the agency's capacity to protect the environment.

1. Environmental AgenciesEnvironmental Agencies
& the Regulatory Process& the Regulatory Process
Environmental AgenciesEnvironmental Agencies
& the Regulatory Process& the Regulatory Process
by Craig Collins, Ph.D.

2. The Law-Making & Regulatory Process
——The ConstitutionThe Constitution——
President Congress Courts
Regulatory Bureaucracy
(EPA, DoI, etc.)
Regulatory Bureaucracy
(EPA, DoI, etc.)
Enforcement Regulation Adjudication
MAKE LAWS
• Approve Apts • Pass Budget
• Oversight & Investigation
• Ratify Treaties (Senate)
ENFORCE LAWS
• Appoint Heads
• Propose Laws/Budget
• Veto/Sign Laws
• Sign Treaties
• Signing Statements
• Ex. Orders
INTERPRET LAWS
Judicial Review
—Congressional Intent
—Constitutionality
—Procedural Violations
—Arbitrary & Capricious
(Executive function) (Legislative function) (Judicial function)

3. Congress & Regulation
• Rival interests try to influence Congress & shape
environmental laws.
– Polluters are more powerful than environmentalists
• Strong bills get ambushed & crippled in committee.
• Congress passes general/vague enabling
legislation. Why?
– It lacks the time & expertise to be more specific.
– It wants to pass the legal controversies surrounding
the law over to the agencies to work out the details.
– Agencies will supposedly be more knowledgeable,
politically neutral & impartial than Congress.

4. Types of Agencies & Departments
Government agencies have legislative, executive
& judicial powers.
• There are 3 types of Government Agency:
– Executive (like the Dept. of Interior)
• Cabinet level departments, chiefs chosen or removed by
president, departments have broad powers.
– Independent (like Food & Drug Administration)
• Not cabinet level, fixed term chiefs, limited powers.
– Hybrid (like the EPA)
• Not cabinet level, chiefs chosen or removed by president,
broad powers.

5. EPA’s 3 Perspectives & 5 Cliques
• Perspectives:
(1) Careerists
(2) Get-alongs
(3) Enviros
• Cliques:
– Legalists
• General Councils Office
– Scientists
• Office of Research &
Development
– Economists
• Office of Policy, Planning &
Evaluation
– Regionalists
• Officers who staff EPA’s 10
regional offices
– Program Honchos
• Presidential appointees at
National Headquarters

6. Two Approaches To RegulationTwo Approaches To Regulation
• Media Specific Laws:
– Attempt to regulate the levels of pollution within
a specific media--like air and water. The foremost
examples being the Clean Air Act (CAA) and the
Clean Water Act (CWA).
• Pollution Specific Laws:
– Target specific kinds of pollutants like pesticides
(FIFRA), toxic chemicals (TSCA), toxic waste (RCRA
& Superfund).
• Media Specific Laws:
– Attempt to regulate the levels of pollution within
a specific media--like air and water. The foremost
examples being the Clean Air Act (CAA) and the
Clean Water Act (CWA).
• Pollution Specific Laws:
– Target specific kinds of pollutants like pesticides
(FIFRA), toxic chemicals (TSCA), toxic waste (RCRA
& Superfund).

7. Regulatory PerformanceRegulatory Performance
May be judged by 6 performance criteria:
• Administrative Feasibility
• Legal Survivability
• Enforceability
• Efficiency
• Fairness (Equity)
• Capacity to Foster Technological Innovation
*These criteria often conflict with each other*These criteria often conflict with each other.

8. Regulatory RoadblocksRegulatory Roadblocks
• Scientific Uncertainty
• Cost vs. Benefits
• Economic Imperatives
– Profit
– Growth
• “Iron Triangles”
“Revolving Doors” &
“Captured Agencies”

9. Other Government Agencies with
Environmental Responsibilities
Other Government Agencies with
Environmental Responsibilities
• The Department of the Interior
– Bureau of Land Management
– US Fish & Wildlife Service
– National Park Service
– Minerals Management Service
• The Department of Agriculture
– US Forest Service
• The Department of Labor
– Occupational Health & Safety Administration
• The Consumer Product Safety Commission
• The Food & Drug Administration
• The Department of the Interior
– Bureau of Land Management
– US Fish & Wildlife Service
– National Park Service
– Minerals Management Service
• The Department of Agriculture
– US Forest Service
• The Department of Labor
– Occupational Health & Safety Administration
• The Consumer Product Safety Commission
• The Food & Drug Administration

10. Congress
(key Congressional committees)
Congress
(key Congressional committees)
Private IndustryPrivate Industry
PollutersPolluters
“Captured” Agency?
The EPA
“Captured” Agency?
The EPA
IRON TRIANGLES:IRON TRIANGLES:
Powerful, 3-way, mutually reinforcing policy-makingPowerful, 3-way, mutually reinforcing policy-making
relationships between...relationships between...
TAXE$
Campaign cash
Lobbying
Operating Budget &
Policy control
“Revolving Door”
PresidentPresidentCampaign cash
Lobbying
Appoint
agency heads
Lax Regulations

11. Judicial ReviewJudicial ReviewJudicial ReviewJudicial Review
• Courts play an important but “passive” role.
• Courts defer to the agency’s rules unless the
contesting party can prove they were:
(1) "arbitrary & capricious" (didn’t link means to
ends).
(2) violated a constitutional standard (free speech,
illegal search, etc.).
(3) beyond the scope of power granted by Congress.
*OR prove that the agency didn’t follow
proper procedures while making the rule.

12. The Law-Making & Regulatory ProcessThe Law-Making & Regulatory ProcessThe Law-Making & Regulatory ProcessThe Law-Making & Regulatory Process
——————The ConstitutionThe Constitution——————
President Congress Courts
Regulatory Bureaucracy
—The EPA—
Regulatory Bureaucracy
—The EPA—
Enforcement Regulation Adjudication
• Approve Apts • Make Laws
• Pass Budget
• Oversight & Investigation
• Ratify Treaties (Senate)
• Appoint Agency Heads
• Propose Laws/Budget
• Veto Laws
• Sign Treaties
• Judicial Review
—Congressional Intent
—Constitutionality
—Procedural Violations
State EPAsState EPAs
PollutersPolluters
Lobbying & PACsLobbying & PACs
PollutersPolluters
Lobbying & PACsLobbying & PACs
Revolving Doors
Citizens
Suits
Against EPA
& Polluters
Standing?
Campaign $$$