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The EPA & the Regulatory Process
The document discusses the regulatory process of environmental agencies, highlighting the roles of various government branches and agencies, such as the EPA, in law-making and regulation. It details the types and perspectives of government agencies, the approaches to pollution regulation, and the criteria for evaluating regulatory performance. Additionally, it addresses challenges such as lobbying, 'iron triangles,' and judicial review, emphasizing the complexities in balancing environmental protections with economic interests.
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The EPA & the Regulatory Process
- 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 ToRegulationTwo 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 Maybe 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 Agencieswith 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 (keyCongressional 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 ReviewJudicialReviewJudicial 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 $$$