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11.361 Environmental Policy and Regulation | |
| 11.361 Environmental Policy and Regulation Fall 1999
TUESDAYS AND THURSDAYS 2:30 - 4 ROOM 1-371
Massachusetts Institute of Technology Department of Urban Studies and Planning
Instructors Office Phone e-mail Jason Corburn (TA) 9-324 x8-0751 jasontc@mit.edu Elisabeth Corell 9-316, x3-1367 ecorell@mit.edu David Laws 9-326 x3-2084 dlaws@mit.edu Raul Lejano 9-328 x3-5196 lejano@ucla.edu Dara O'Rourke 9-328 x3-5196 orourke@socrates.berkeley.edu William Shutkin 9-314 452-2248 shutkin@mit.edu Lawrence Susskind 9-332, x3-2026 susskind@mit.edu
Course Description This course will provide an introduction to environmental policy making and regulation in the United States and internationally. The course begins with a historical overview of the legal basis for environmental regulation in the United States. The course will then review the evolution of environmental policy in the US. This section will show that environmental policy is not just about governmental action, but includes an intergovernmental structure and a significant role for non-governmental actors. Different models of environmental regulation will then be explored and highlighted by reviewing existing regulatory processes. Next, we turn to the science of environmental regulation. This section will review the environmental risk basis for much regulation, including the human health analyses used in regulatory decision-making. Much of the previous section focuses on domestic environmental policy-making and regulation. The course includes a unit on the global dimensions of environmental policy The section on global perspectives on environmental policy aims to provide an introduction to how the global political system and its actors are grappling with problems in the world's natural environment. In particular, the section discusses the history of international environmental decision-making, the increasing number of actors and interests represented at the international level, the international institutions that deal with environmental issues, the notion of sustainable development, and environment and trade. The section deals with a number of environmental issues, but particularly focuses on the cases of biodiversity, climate change and desertification. The third section focuses on the tools for environmental policy analysis. This section will ask how do we know good policy analysis, how to use the different tools and under what circumstances are the different tools appropriate? Individual lectures will cover frameworks for policy analysis, methods for assessing environmental improvements, proposals for evaluating sustainability and indicators of environmental policy success, and tools for cost-benefit analysis. The goal of the section is to provide a framework to critically think about environmental policy development and implementation. A final section of the course will explore environmental justice and environmental dispute resolution. The environmental justice unit will explore questions of distributive equity in environmental policy and regulation to populations of the poor and people of color. The course concludes with a section on environmental dispute resolution. This unit will focus on the regulatory-negotiation process and environmental dispute resolution through case studies and simulated environmental disputes.
Assignments and Grades There will be three papers and an in class mid-term exam. Each assignment counts toward 20% of the grade. Participation in class discussion will count for the remaining 20% of the grade. Paper topics will be distributed in writing. Assignment #1: Aspect of Legal/Historical Basis of Environmental Policy/Regulation Due: SEPTEMBER 29 Assignment #2: Environmental Policy Analysis Due: NOVEMBER 8 Assignment #3: Environmental Justice or Dispute Resolution Due: DECEMBER 8
Books and Readings You should purchase the following book, available at the Coop: Daniel J. Fiorino, (1995). Making Environmental Policy. (Univ. of California Press). In addition, all readings are available in a course reader that should be purchased at Copytech, 11-004. All books used in the course and the course reader are on reserve at Rotch Library. There is a copy of the course reader in the DUSP Common Room and it is available to borrow from Marjorie Noack, 9-330. Also consider purchasing the following books: Mark Dowie, (1995). Losing Ground: American Environmentalism at the Close of the Twentieth Century (MIT Press). N. J. Vig and R. S. Axelrod (eds), (1999). The Global Environment: Institutions, Law and Policy (Washington DC: CQ Press). CLASS SCHEDULE Week Date Topic Instructor 1 9-Sep Introduction Faculty 2 14-Sep History & Law of Environmentalism Shutkin 16-Sep History & Law of Environmentalism Shutkin 3 21-Sep History & Law of Environmentalism Shutkin 23-Sep History & Law of Environmentalism Shutkin 4 28-Sep Models of Regulation Laws/Corburn (1st paper Due) 30-Sep Models of Regulation Laws/Corburn 5 5-Oct Environmental Risk & Regulation Lejano 7-Oct Environmental Risk & Regulation Lejano 6 12-Oct Global Environmental Policy Corell 14-Oct Global Environmental Policy Corell 7 19-Oct Global Environmental Policy Corell 21-Oct MIDTERM EXAM (In Class) 8 26-Oct Environmental Policy Analysis O'Rourke 28-Oct Environmental Policy Analysis O'Rourke 9 2-Nov Environmental Policy Analysis O'Rourke 4-Nov Environmental Policy Analysis O'Rourke 10 9-Nov Environmental Policy Analysis O'Rourke (2nd Paper Due) 11-Nov VETRANS DAY 11 16-Nov Environmental Justice Corburn 18-Nov Environmental Justice Corburn 12 23-Nov Environmental Dispute Resolution Susskind 25-Nov THANKSGIVING 13 30-Nov Environmental Dispute Resolution Susskind 2-Dec Environmental Dispute Resolution Susskind 14 7-Dec Synthesis Susskind 9-Dec Synthesis Susskind (Final paper Due)
COURSE OUTLINE SEPTEMBER 9 The Faculty Introduction to environmental policy and regulation and the structure of the course. SECTION 1: SEPTEMBER 14th - 23rd. American History, Environmentalism, and Environmental Law: An Introduction Professor William Shutkin Department of Urban Studies and Planning In this unit, we want both to explore the historical and cultural basis of our modern environmental law and policy system -- out of what social context did it emerge and why -- and to become familiar with that system -- its purposes, design and performance. Week 1-- Exploring the Historical and Cultural Roots of Environmentalism and Environmental Law SEPTEMBER 14 Summary In Class 1 we will look at the way Americans have conceived their environment over time and the environmental and social consequences of that conception. Our principal focus will be on understanding how American environmentalism and an "environmental" consciousness, the precursors to the environmental law and policy system, developed in the nineteenth century. As well, we will discuss the ways in which our liberal legal system and capitalist economy treat the environment Readings W. Cronon, ed., Uncommon Ground: Rethinking the Human Place in Nature (Norton, 1995), 23-91. C. Merchant, Ecological Revolutions: Nature, Gender and Science in New England (University of North Carolina Press, 1989), 1-26. Issues/Questions ß The tension between wilderness/countryside and cities (What is the allure and myth of wilderness and how has it shaped the building of American society and environmentalism?) ß American exceptionalism and environmentalism: nationalism and political ideology as grounded in environmental themes (Why is the environment so important to Americans and American history?) ß The cultural cast of environmental issues (Who cares about the environment and how has this affected environmentalists' claims?) ß The environmental effects of liberal legal theory and capitalism: the dialectic of environment and society (What is the relationship between our legal and economic systems and our environment?) SEPTEMBER 16 Summary In Class 2 we will build on the lessons from Class 1 in examining the modern environmental movement and the laws and policies it has given rise to, with specific attention paid to its historical and cultural roots. We will focus on the character and agenda of modern environmentalism, and how they shaped the regulatory system. Readings M. Dowie, Losing Ground: American Environmentalism at the Close of the Twentieth Century (MIT Press, 1995), 29-49, 125-148. R. Gottlieb, Forcing the Spring: The Transformation of the American Environmental Movement (Island Press, 1993), 117-161 Issues/Questions ß Environmentalism as a social movement (What do we mean by an "environmental movement"?) ß The professionalization of environmental advocacy (Are the EPA and public-interest environmentalists John Muir's natural off-spring?) ß Whites, wilderness and social justice (What and who are left out of the environmental movement and the environmental law and policy system?) ß Professionalism versus civic action (Has environmentalism taken power away from the people?) Week 2 Getting a Handle on Environmental Law and Policy SEPTEMBER 21 Summary In Class 3 we will discuss the role of the U.S. Environmental Protection Agency and the environmental laws and policies it is charged with administering. Our aim will be to get a flavor of the statutes and rules that govern environmental decisionmaking and pollution control. We will also examine private law remedies for environmental harms to deepen our understanding of the way law operates as an environmental protection tool. Readings M. Landy, M. Roberts, and S. Thomas, The Environmental Protection Agency: Asking the Wrong Questions (Oxford University Press, 1990), 3-49. Z. Plater, R. Abrams, W. Goldfarb and R. Graham, Environmental Law and Policy: Nature, Law and Society (West, 1998), 158-170, 302-321. Issues/Questions ß Environmental regulation as a matter of private and public law (What is the difference between a public and private law system?) ß The EPA's mission and jurisdiction (What is the EPA empowered to do in protecting human health and the environment?) ß Models of environmental law (What are the basic ingredients of our environmental laws?) ß The difference between pollution control and pollution prevention (What is the central purpose of our environmental laws?) SEPTEMBER 23 Summary In Class 4 we will explore some new areas of environmental law and policy that have emerged as a response to the limits and failures of the traditional approach. We will focus on key themes such as pollution prevention, land-use and sustainable development, civic environmentalism and environmental justice. Readings M. Chertow and D. Esty, eds., Thinking Ecologically: The Next Generation of Environmental Policy (Yale University Press, 1997), 19-37, 60-76, 170-189 D. John, Civic Environmentalism: Alternatives to Regulation in States and Communities (Congressional Quarterly Press, 1994), pp. 1-49 R. Lazarus, "Pursuing Environmental Justice: The Distributional Effects of Environmental Protection," 87 Northwestern University Law Review 787 (1993). W. McDonough and M. Braungart, "The NEXT Industrial Revolution," The Atlantic Monthly, Oct. 1998. Issues/Questions ß Emergence of new trends in environmental law and policy (Why have these trends emerged at this time? What are the causes?) ß The limits of pollutant- and medium-based environmental law (How is environmental law limited in achieving pollution prevention and sustainable development goals?) ß The relation between land use and environmental regulation (What is the role of land use in environmental regulation?) ß The relation between green design and environmental law (How does environmental law promote green design and sustainable development strategies?) SECTION 2 SEPTEMBER 28th & 30th Models/Theories of Regulation This section will explore the conceptual frameworks through which environmental policy is made. Building on the ideas introduced in the first section, this unit will introduce different models for regulating pollution and highlight their assumptions, tensions and tradeoffs. This unit will provide the foundation upon which students will be asked to review policy choices through out the semester. We will explore three regulatory theories that capture most environmental policy-making: command and control; market-mechanisms; and collaboration. In command and control, governmental policy makers tend to set policy and mandate that polluters follow strict emissions limits and use certain technologies. Policy reliant on market mechanisms relies on economic efficiency ideas to encourage polluters to reduce pollution and find clean technology. Finally, collaborative policy making recognizes that neither command and control nor market mechanisms fully capture the complexity and uncertainty in policy making and instead relies on a participatory process involving all those with a stake in the policy to work together to negotiate regulation. In addition to the three regulatory theories, we will explore different conceptual models for designing policy. We will begin by reviewing the "rational model." In this model, policy makers, scientists and others gather all the relevant data for a particular environmental problem, devise a set of policy alternatives from the data, rank the alternatives and select the highest ranking alternative using the available data. The second major model is the "technocratic" model. In this model, the planner or policy makers, along with a few selected experts, analyze the environmental problem and devise the optimal solution based on their expertise. A third model might be called "interest-group intermediation." In this third model, the planner or policy maker does not devise the policy, rather they take the recommendations and suggestions from vocal interest groups and attempt to mediate among their policy alternatives a workable solution. Finally, we will explore the "communicative" model. Here, the policy maker uses the process as an opportunity for the public to deliberate over what it wants, not an occasion for the planner or policy maker to decide what the public should have. The policy making process becomes one where the community debates policy alternatives and where the values of a community member are just as influential in the process as the expertise of an engineer. Readings Fiorino, Daniel J. (1995). Making Environmental Policy. Introduction & Chapter 6 "Strategies," pp. 167-201 Bryer, Stephen (1992). Breaking the Vicious Circle: Toward Effective Risk Regulation. pp. 55-81 Beck, Ulrich (1992). Risk Society: Towards a New Modernity. Introduction, Preface & Chapter 1. pp.1-50. Funtowitz, S. and Ravetz, J. (1991). "A New Scientific Methodology for Global Environmental Issues," in R. Costanza (ed), Ecological Economics. SECTION 3 OCTOBER 5 & 7 Risk and Environmental Regulation Raul Lejano Visiting Lecturer, University of California at Los Angeles As a test of the regulatory models earlier discussed, we will focus on risk policy, a uniquely problematic area which pushes traditional legal instruments (e.g. command-and-control, tort law) to the edge. We will link the toxicology and kinetics of risk to the particular shape of our regulatory approach. This involves inquiring into the validity of threshold assumptions, de minimis risk, the various dose-response functions, and other concepts. However, we quickly realize how risk, as we have decided to understand it, is as much a social construct as it is scientific. We will discuss the implications of this reality and how it affects the way we manage risks in different arenas. We end the first meeting with a sobering discussion of uncertainty. However, risk assessment is also a planning tool. So being, in the second meeting, we will focus on methodologies and walk through a typical HRA (health risk assessment). Sources of data and models will be discussed. Lastly, we will take the opportunity to discuss the limitations of the HRA approach, the idea being to start thinking about reforms in our regulatory model. To be able to effectively contribute to the evolving discussion of issues concerning land use and health, today's planner increasingly needs this kind of technical wherewithal. Key questions ß How well does our regulatory approach to risk reflect the science? ß How do we determine acceptable levels of risk, and is this determination consistent across different regulatory regimes? ß Why do HRAs fall short of capturing the real risks borne by a community? ß How do we reform current institutions to better capture and minimize risk? OCTOBER 5 Office of Technology Assessment (1989), Identifying and Regulating Carcinogens, U.S. Congress, OTA, Marcel Dekker, NY, pp. 44-72. Ricci, P. and L. Molton (1985), Regulating cancer risks, Environmental Science & Technology 19(6):473-479. Goldhaber, S. and R. Chessin (1997), Comparison of hazardous air pollutant health risk benchmarks, Environmental Science & Technology, 31(12):A568-A573. OCTOBER 7 Rosenbaum, W. (1998), To govern is to choose: risk assessment and environmental justice, in Environmental Politics and Policy (W. Rosenbaum, 4th edition), CQ Press, Washington, D.C., pp. 122-156. Gillroy, J.M. (1992), Public policy and environmental risk: political theory, human agency, and the imprisoned rider, Environmental Ethics, Fall issue, 14(N3):217-237 SECTION 4 OCTOBER 12 - OCTOBER 19 Global Perspectives on Environmental Policy Elisabeth Corell Post-Doctoral Fellow, Department of Urban Studies and Planning OCTOBER 12 The Natural Environment and The International System The first class gives an introduction to the conditions in the international system and to the United Nations organization. Environmental issues are managed by international institutions such as the Global Environment Facility, the UN Commission for Sustainable Development, the World Bank and the UN Environment and Development Programmes. The actors on the international environmental stage are nation-states, intergovernmental and non-governmental organizations, and transnational and multinational companies. After a brief review of the history of international environmental decision-making -- from UNHCE (Stockholm, 1972) to UNCED (Rio, 1992) -- students are presented with issues of how national sovereignty relates to global environmental problems and North - South relations. Readings McCormick, J., "The Role of Environmental NGOs in International Regimes",pp. 52-71 in N. J. Vig and R. S. Axelrod (eds), The Global Environment:Institutions, Law and Policy (Washington DC: CQ Press, 1999). Soroos, M. S., "Global Institutions and the Environment: An Evolutionary Perspective", pp. 27-51 in N. J. Vig and R. S. Axelrod (eds), The Global Environment: Institutions, Law and Policy (Washington DC: CQ Press, 1999). Vig, N. J., "Introduction: Governing the International Environment", pp. 1-26 in N. J. Vig and R. S. Axelrod (eds), The Global Environment: Institutions, Law and Policy (Washington DC: CQ Press, 1999). Read pp. 1-10. Questions ß Why do you think that intergovernmental organizations and non-governmental organizations are gaining in importance as participants and observers of international environmental decision-making? ß What problems do you envision that international environmental decision-makers have to face in the light of: decision-makers have to face in the light of: - the multitude of actors at the international level? - national sovereignty? - domestic issues reflected at the international level? ß Are conflicts on global environmental politics primarily along North-South lines? Or is this a misperception? ß Is protecting the "environment" incompatible with the international system as it is currently organized? OCTOBER 14 Global Environmental Politics The second class examines the conditions for international environmental The second class examines the conditions for international environmental decision-making by looking at factors such as interdependence, the global economy, and the relationship between free trade ideas and environmental protection. It further outlines particular features of international environmental decision-making, including the notion of sustainable development and the role of scientific advice. It also raises the issue of whether the convention-protocol approach to international treaty-making is useful. Finally, a number of particular environmental problems and how they have been managed at the international level are discussed. Readings Esty, D. C., "Economic Integration and the Environment", pp. 190-209 in N. J. Vig and R. S. Axelrod (eds), The Global Environment: Institutions, Law and Policy (Washington DC: CQ Press, 1999). Fomerand, J., "UN Conferences: Media events or genuine diplomacy?", Global Governance, vol. 2, no. 3, SEPTEMBER-December 1996, pp. 361-375. Susskind, L. E., Environmental Diplomacy: Negotiating more effective global agreements (New York: Oxford University Press, 1994). Read pp. 30-42 (the convention-protocol approach) and 62-81 (the need for a better balance between science and politics). Questions ß Is there an intrinsic conflict between sustainability and development? ß Why is there a need for a better balance between science and politics in international environmental decision-making? ß Are international treaties appropriate mechanisms for dealing with environmental problems? ß Are business interests more effective working through states, or through business advocacy groups in environmental negotiations? ß How can international environmental decision-making be improved? OCTOBER 19 Case Studies: Biodiversity, Climate Change and Desertification The final class of this section is devoted to three environmental issues, each the subject of a Rio convention. After a brief introductory lecture, student teams make presentations and each case is discussed. lecture and team presentations for 45 minutes seminar discussion for 45 minutes: ß What are the similarities and differences between these international environmental negotiations? ß What are the similarities and differences between these environmental problems? ß How can the difference in international attention devoted to these issues be explained? Readings Chasek, P., "The Convention to Combat Desertification: Lessons learned for susta. Miller, M. A. L., The Third World in Global Environmental Politics (Buckingham, UK: Open University Press, 1995). Read pp. 109-128 on the biodiversity regime. Molitor, M. R., "The United Nations Climate Change Agreements", pp. 210-235 in N. J. Vig and R. S. Axelrod (eds), The Global Environment: Institutions, Law and Policy (Washington DC: CQ Press, 1999). Other useful reading: Bryner, G., "Agenda 21: Myth or Reality?", pp. 157-189 in N. J. Vig and R. Bryner, G., "Agenda 21: Myth or Reality?", pp. 157-189 in N. J. Vig and R. S. Axelrod (eds), The Global Environment: Institutions, Law and Policy (Washington DC: CQ Press, 1999). Conca, K. and G. Dabelko, Green Planet Blues: Environmental Politics from Stockholm to Kyoto (Boulder: Westview Press, 1998, 2nd ed). Corell, E., The Negotiable Desert: Expert Knowledge in the Negotiations of the Convention to Combat Desertification (Link=F6ping, Sweden: PhD Dissertation, Link=F6ping Studies in Arts and Science, 1999). Hurrell, A. and B. Kingsbury (eds), The International Politics of the Environment: Actors, interests, and institutions (Oxford: Clarendon Press, 1992). Miller, M. A. L., The Third World in Global Environmental Politics (Buckingham, UK: Open University Press, 1995), pp. 19-51 (the Third World in the global economy). Porter, G. and J. W. Brown, Global Environmental Politics (Boulder: Westview Press, 1996, 2nd ed). Shue, H., "The Unavoidability of Justice", pp. 373-397 in A. Hurrell and B. Kingsbury (eds), The International Politics of the Environment: Actors, interests, and institutions (Oxford: Clarendon Press, 1992). OCTOBER 21 MID TERM IN CLASS SECTION 5 OCTOBER 26 - NOVEMBER 9 Environmental Policy Analysis Professor Dara O'Rourke Department of Urban Studies and Planning This section will introduce a range of tools for analyzing the outcomes and effectiveness of environmental policies. The five lectures will provide an overview of methods for assessing environmental policies, discuss key analysis tools and why and how they are used, and analyze the actors and interests promoting different forms of policy analysis. Individual lectures will cover frameworks for policy analysis, methods for assessing environmental improvements, proposals for evaluating sustainability and indicators of environmental policy success, and tools for cost-benefit analysis. The goal of the section is to provide a framework to critically think about environmental policy development and implementation. OCTOBER 26 Overview of Environmental Policy Analysis In this class we will analyze basic concepts and tools for analyzing the outcomes and effectiveness of environmental policies. In particular, we will discuss means for evaluating environmental, political, and economic outcomes of polices. This session will be the first in a series of discussions that will provide an overview of methods for assessing environmental policies, discuss key analysis tools, explore why and how these tools are used, and analyze the actors and interests promoting different forms of policy analysis. The goal of this class is to provide a framework to critically analyze environmental policy development and implementation. Readings Bartlett, Robert V. (1994), "Evaluating Environmental Policy Success and Failure," in Vig and Kraft (eds), Environmental Policy in the 1990s, second edition, Washington, DC: CQ Press, pp.: 167-187. Ringquist, Evan J. (1995), "Evaluating Environmental Policy Outcomes," in James Lester (ed.) Environmental Politics and Policy: Theories and Evidence, Durham: Duke University Press, pp.: 303-327. Kraft, Michael (1996), "Evaluating Environmental Policy," Environmental Policy and Politics, New York: HarperCollins, pp.: 157-182. Issues/questions ß What are the key parameters along which environmental policies should be assessed? ß Which of these take priority in different arenas? ß How can people trade-off environmental outcomes against economic and other outcomes? ß What are some of the technical and political challenges of employing policy analysis tools? OCTOBER 28 -- Analyzing Environmental Outcomes This session will present an overview of assessments of environmental changes in the US, discuss methods for evaluating physical environmental changes, and begin to tease out how environmental changes can be attributed to specific policies. We will discuss the limits of current knowledge on environmental quality and specifically on toxics in the environment. We will also examine the general challenges of proving causality and correlation in environmental policy analysis, and of modeling the impacts of policy changes. Readings Kraft, Michael (1996), "Judging the State of the Environment," Environmental Policy and Politics, New York: HarperCollins, pp.: 23-49. Roe, David and William Pease (1998), "Toxic Ignorance," The Environmental Forum, May/June, pp.: 24-35. Norgaard, Richard (1992), "Environmental Science as a Social Process," Environmental Monitoring and Assessment, 20: 95-110. Issues/questions ß What are the key indicators of environmental quality that we should be concerned with? ß How good is the information we have on these indicators? ß Are there limits to human knowledge on ecosystem changes and responses? ß How do we move beyond observable environmental impacts to risks and to life cycle assessments? ß How can we evaluate preventive strategies? NOVEMBER 2 -- Analyzing Sustainability Outcomes This session will discuss definitions of ecological sustainability, and evaluations of whether current policies and urban and industrial practices are leading to sustainable forms of development. The main focus of the class will be on sustainability indicators, and current debates about defining what sustainability means to communities and the environment. We will also briefly discuss how issue-specific and media-specific policies might be integrated to promote sustainability. Readings Holmberg, John, Karl-Henrik Robert and Karl-Erik Eriksson (1995), "Sociological Principles for a Sustainable Society," unpublished manuscript, pp.: 1-38. Pinfield, Graham (1996), "Beyond Sustainability Indicators," Local Environment, Vol. 1, No. 2, pp.: 151-163. Tyler Norris Associates, Redefining Progress, and Sustainable Seattle (1997), The Community Indicators Handbook, pp.: 1-8, 42, 124-139. Issues/questions ß What would sustainability policies look like? ß What are the barriers in our current political system for promoting sustainability policies? ßHow can grassroots community actions impact global sustainability concerns? NOVEMBER 4 -- Analyzing Economic Outcomes This class will introduce the basic concepts of economic cost-benefits analysis of environmental policies. We will review different methodologies and measures of costs and benefits, and will evaluate debates over the use of cost-benefits analysis in air pollution regulation. We will also discuss the politics of cost-benefits analysis, and the motivations for and impacts of its increased use. Readings Fiorino, Daniel (1995), "Chapter 4 Analysis," Making Environmental Policy, Berkeley: University of California Press, pp.: 116-133. Easter, K. William, Nir Becker, and Sandra Archibald (1999), "Benefit-Cost Analysis and Its Use in Regulatory Decisions," in Sexton et al (eds) Better Environmental Decisions, Washington D.C.: Island Press, pp.: 157-176. Krupnick, Alan and Paul Portney (1991) "Controlling Urban Air Pollution: A Benefit-Cost Assessment," Science, vol 252: 522-527 (and responses). Porter, Michael and Claas van der Linde (1995), "Green and Competitive," Harvard Business Review, September-October, pp.: 120-133. Issues/questions ß How can we compare different kinds of costs and benefits, such as lives saved versus ecosystems degraded versus dollars spent? ß Where are value judgements built into cost-benefits analyses? ß Should all environmental policies pass an "economic efficiency" test? NOVEMBER 9 -- Analyzing Distributional Outcomes Environmental Justice This class will focus on the distributional impacts of environmental problems and policy responses, essentially engaging the question of who benefits from, and who pays for, environmental policies. We will delve into environmental justice analyses of inequitable distributions of environmental quality and regulatory impacts. We will briefly touch on the "chicken and egg" question of race vs. class, and government responses to environmental justice concerns. We will conclude by discussing new strategies that move beyond NIMBY battles and redistributing hazards, to more effectively advance environmentally just development practices. Readings Faber, Daniel (1998), The Struggle for Ecological Democracy, Chapters 1 and 2, New York: Guilford, pp.: 1-59. Pulido, Laura (1996), "A critical Review of the Methodology of Environmental Racism Research," Antipode, 28:2, pp.: 142-159. Di Chiro, Giovanna (1998), "Environmental Justice from the Grassroots," in Daniel Faber (ed.) The Struggle for Ecological Democracy, New York: Guilford Press, pp.: 104-136. Bullard, Robert (1994). "Overcoming racism in Environmental Decision making," ENVIRONMENT. Volume 36, No. 4. pp.10-43. Letters to editor debating Bullard's Article. Issues/questions ß What is an environmental injustice? ß Can an injustice simply be a result of "natural processes" (such as land and housing markets) rather than being intentional? ß How can government polices and plans prevent inequitable distributions of environmental harm? ß What strategies have been most successful is advancing more just environmental practices? NOVEMBER 16 - Environmental Justice In this session all students will take part in a simulated policy-making and planning session called "Siting an Asphalt Plant in Madrona." Students will be assigned one of six roles. The simulation is designed to highlight the importance of and challenges to environmental decision-makers to consider class, race and equity in decision-making. NOVEMBER 18 Environmental Justice This third session on environmental justice will be devoted to debriefing the results of the simulation on November 16th. In addition, we will discuss strategies for incorporating justice and fairness into environmental policy and regulation.
SECTION 6 ENVIRONMENTAL DISPUTE RESOLUTION This section will introduce the theory and practice of Environmental Dispute Resolution (EDR). EDR can be seen as both a way to make environmental policy as well as a technique for overcoming obstacles to implementation. EDR process generally involves a range of stakeholders (including representatives of regulatory bodies), a neutral facilitator or mediator, scientific or technical advisors of various kinds, and elected officials. This section will review the factors that generally produce successful EDR outcomes, including the role of regulatory institutions, such as EPA, in supporting EDR. We will also review specific environmental policy controversies where EDR was used to produce successful environmental policy or to help overcome important obstacles to implementation. Readings All the readings are from the new book, Negotiating Environmental Agreements, by Lawrence Susskind, Paul Levy, and Jennifer Thomas-Larmer, that is just coming out in September from Island Press. Specific pages will be assigned during the month of October. NOVEMBER 23 The first session will review the key concepts that are usually used in describing the theory and practice of environmental dispute resolution. Particular attention will be paid to the major challenges that are usually posed: (1) How can mediation work when the parties have unequal power? (2) Why would elected or appointed officials agree to open up a decision-making process and "give up" their authority to make decisions? (3) How does environmental dispute resolution take account of scientific and technical concerns? Case studies in Negotiating Environmental Agreements will be assigned. NOVEMBER 30 The second session will put all students into a simulated environmental mediation session called Humboldt. Students will be assigned one of seven roles. Some students will be asked to play the role of the mediator. The simulation will provide an opportunity to test the assumptions about EDR presented and discussed on November 23rd. DECEMBER 2 The third session will be devoted to a debriefing of the results of the simulation on November 30th. In addition, the successes and failures of the EDR movement in the United States will be assessed along with a series of "second order" questions concerning the ethics of mediation and the obstacles to institutionalizing environmental dispute resolution in the United States, Europe, and elsewhere. DECEMBER 7 Synthesis and review of major themes raised during the semester. "Hypothetical" exam questions will be discussed. DECEMBER 9 Evaluation of the course and discussion of spring semester EPG curriculum
options in Course XI. This session will be devoted, in part, to student
comments and feedback on the new design of 11.361. | |
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