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Environmental Policy

Class 27: Law & Policy of Toxic & Hazardous Substances CofC Fall 2010. Environmental Policy. Fed Law: Cradle to Grave. Biggest issue : Trying to regulate chemicals/toxics from cradle (development of chemical) to its use and ultimately its waste stream.

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Environmental Policy

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  1. Class 27: Law & Policy of Toxic & Hazardous Substances CofC Fall 2010 Environmental Policy

  2. Fed Law: Cradle to Grave • Biggest issue: Trying to regulate chemicals/toxics from cradle (development of chemical) to its use and ultimately its waste stream. • Problem: requires massive regulation structure and bureaucracy to oversee, test, monitor and implement controls • Not enough manpower, infrastructure, or financial resources to govern this linear system

  3. Regulating Toxics • Toxic Substances Control Act • Regulates Chemical manufacturing and Distribution • Resource Conservation and Recovery Act • Regulates Solid Waste • Superfund • Regulates abandoned and uncontrolled hazardous waste dumps • Food Quality Protection Act • Regulates pesticide use—food. Based on “a reasonable certainty of no harm” and tight risk standards. • Consumer “right to know” requires brochures in stores on health effects of pesticides

  4. Few Success • Very few success stories • PCB  used in electrical equip • Domestic use of very harmful pesticides: DDT, aldrin, dieldrin, etc • Asbestos • Aerosols and CFCs Banned • Problem: regulatory nightmare: obtaining data, interpreting vast integrated technical information, politics/lobbying, resources, experience in managing issues.

  5. NIMBY Problem • Not in my Backyard  Wyoming Issue • Most often white collar prof, articulate and well educated • NIMBYism thrives because of fed/state laws that empower citizen activism  most states provide an outlet for direct citizen involvement • Behind this is ‘congressional mistrust, “a reflexive suspicion that the executive, if left to itself, would systematically under-enforce the law” • With hazardous waste  creates a serious political problem • Public hearings on hazardous facilities siting are the perfect venue to facilitating NIMBY that impose local costs/risks for national benefit

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