This document provides an overview of the environmental regulatory process in the United States. It describes the three branches of government and their roles in creating and enforcing environmental laws. It outlines how bills become laws through Congress, and how regulations are created by administrative agencies. It also discusses the influence of lobbying on the legislative process from both industry and environmental groups.

1. Environmental Specialist 220:
Environmental Laws, Regulation,
and Compliance
Dennis Wilson
CRN36421
HALTEC-207
Tuesday and Thursday, 11:00-12:15

2. Introduction
• Three branches of government
• Process for passing laws
• Judicial Review
• Executive branch rulemaking powers

4. Article I, Section I of the U. S.
Constitution
“All legislative Powers herein granted
shall be vested in a Congress of the
United States, which shall consist of a
Senate and a House of
Representatives.”

5. U. S. Senate
• 100 members
• 2 from each state
• U. S. Vice President is the President
of the Senate
• Run by the Senate Majority Leader
• Minority Leader leads the opposition
party
• Legislative Committees

6. House of Representatives
• 435 Members
• Districts are proportional based on
population
• Run by the Speaker of the House
• Also has a Majority Leader
• Minority Leader leads the opposition
party
• Legislative Committees

7. Federal Legislative Process
• Member of Congress Introduces a
bill to either House or Senate.
• Referred to
committee/subcommittee
• Committee holds hearings
• Bill is “marked up”
• Subcommittee votes

8. If the subcommittee approves
• Forwarded to the full committee
• Committee may approve, hold, or
reject the bill
• If approved, it moves to the full
House or Senate
• Bill may be amended at any stage in
this process
• Repeat in the other chamber

9. Reconciliation
• Usually, House and Senate versions
of a bill have differing language.
• Senate-House Conference
Committee reconciles the bill.
• Both chambers approve the final
version.

10. President’s Signature
• Once passed by both chambers, the
bill goes to the president for
signature.
• The president can sign, veto, or do
nothing.
• If the president does nothing, the bill
becomes law after 10 days, unless
Congress adjourns.
– Pocket Veto

11. Laws Passed by Congress
• Becomes a statute
• United States Code
• United States Code Annotated
• http://uscode.house.gov/

12. Scoring Your Representative & Senator
• League of Conservation Voters
• http://www.lcv.org/scorecard

13. Pennsylvania General Assembly
• Mirrors U. S. Congress
• Senate: 50 members
• House: 203 members
• Both represent districts based on
population
• https://govt.westlaw.com/pac/index?
__lrguid=id1dd3412fdb24c769172f4f
cd5c6dbd1&transitionType=Default&
contextData=%28sc.Default%29

14. Lobbying
• Lobbyists meet with legislators in
order to influence the process.
• Most are paid professionals
• Some are volunteers

15. Industry Lobbyists
• Energy Sector spent $225 million
lobbying in 2008
• Open Secrets

16. Environmental Groups
• Spent $11 million in 2008
• Moderate: Environmental Defense
Fund and Defenders of Wildlife.
• More extreme: Earth First!
• Open Secrets

17. Environmental Lobbying Organizations
Businesses Environmentalists
Business Roundtable Environmental Defense Fund
Chemical Manufacturing
Association
National Audubon Society
National Environmental
Development Council
National Resources Defense
Council
National Chamber of
Commerce
Sierra Club
Utility Air Regulation Group Wilderness Society

18. Hydraulic Fracking
• Method for drilling natural gas
• Exempt from many environmental
regulations
• Industry lobbyists spent nearly $750
million over the last decade.

19. Citizens United
• Citizens United v. Federal Election
Commission.
• 2010 Supreme Court Decision
• Lifted many federal restrictions on
corporate spending.

20. Citizens United
• Companies and unions can spend
unlimited amounts to influence
elections.
• 72% of political advertising spent in
2010 were from sources that were
prohibited in 2006.

21. Judicial Branch
• Article II of the U. S. Constitution
creates the federal Court System
and the U. S. Supreme Court.
• Creates case law or common law.
• Law of Precedent

22. Courts Interprets Law
• “Plain Language” of the statute.
• Legislative Intent as found in the
Congressional Record
• Statutes are often written broadly.
• Courts must apply them based on
specific situations

23. Stare Decisis
• “Let the decision stand”
• Common law guides decisions
based on precedent.
• Every case is unique.
• When does precedent apply

24. Judicial Review
• Marbury v. Madison 1803
• Supreme Court can declare a statute
unconstitutional
• Supreme Court can also overrule
precedent and invalidate previous
rulings

25. Executive Branch
• President
• Cabinet – Heads of all executive
departments
• Office of Management and Budget
• Office Personnel Management

26. Treaty
• President can enter into treaties with
the “advice and consent of the
Senate.”
• Once ratified by the Senate, a treaty
becomes the supreme law of the
land.
• Supersedes state laws
• Montreal Protocol – Phased out
CFCs

27. Executive Orders
• Issued by the president
• Order federal agencies to follow
policy
• Clarifies how laws are to be
implemented.

28. EOs are easy to do, but . . . .
• Can also be easily rescinded by the
next president.
• Temporary victories
• Recently have become politically
contentious.
• e. g. President Obama’s EO on
immigration

29. Signing Statements
• Attached to bills by the president
• Often used to dilute laws instead of
vetoing them.
• President declares which parts will
not be enforced.
• Which parts he believes are
unconstitutional

30. Administrative Agencies
• EPA
• OSHA, etc.
• Congress has delegated authority to
these agencies to adopt regulations

31. Regulations
• Are laws
• Based on statutes passed by
Congress
• More detailed than statutes
• Federal Regulations: ecfr.gov
• Pennsylvania Regulations:
pacode.com

32. Regulatory Process
• Done by unelected officials
• Open to public participation and
scrutiny
• Proposed rules are published in the
Federal Register.
• Proposed PA rules are published in
the PA Bulletin.
• Final rules are also published before
adoption.

33. Conclusion
• Three branches of government
• Process for passing laws
• Judicial Review
• Executive branch rulemaking powers