ENCS 473 Environmental policy and assigned reading.docx

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University of Alberta
Environmental and Conservation Sciences
Gordon Lee

Section 1: Introduction, definitions, and objectives - Definitions  1) Policy  Statements of general intent and direction that set out a government’s major purposes in pursuing particular goals. And usually some of the means used to achieve them  Process of a policy’s step (Policy process)  1) determine the problem, establish goals  2) Explore opinions from government, public and industry...  3) Institutional constraints  4) make decisions  5) implement  6) ex post evaluation  Have we achieved the goal?  Do we need to change?  Characteristics:  No experiences with formal environmental assessments  2) Projects  Projects are large facilities such as pipelines, dams, pulp mills, airports, and energy productions facilities. They are capital intensive in that 50 percent or more of their cost typically is in initial capital outlays. Projects have been the focus of environmental assessments at both the federal and provincial levels  Project-approval process  Longer physical planning cycle than most polices  Involves EIA, environmental impact assessments  Involves high political risks  Pricing sensitivities and risk sharing  Significant experiences with formal environmental assessments  3) Standards  In the standard-setting process, rules are devised regarding specific effluents, pollutants, or production technologies pursuant to parent legislation and/or regulation. Process become quite narrowly focused exercises  Standard-setting process  Usually less visible than either policies or projects  Varied large and small stakeholders involved  Technical and scientific issues becomes salient  May need to apply or seek to accommodate both old and new industrial plants  4)** Environmental policy  Government’s pursuit of environmental goals  1) environmental policy as a guide to industry behavior  2) environmental policy as a guide to other policy instruments  Social policy  Agricultural policy  Industrial policy  Fiscal polic财政政策  Policies are often nested: intermingling 混合物 of fiscal, energy, social, environmental and regional policies - Study of policy  1) normative  How things should be  Involves value, beliefs, theories of justices  Relationship between human and non-human  Concerns about the distributional issues  2) positive  What is being done  How are environmental policies made?  Economics prospective :  study incentives  game theory  political theory  public choice  lobbying 对议员进行游说以影响其投票  obbying (also lobby) is the act of attempting to influence decisions made by officials in the government, most often legislators or members of regulatory agencies  rent seeking  The practice of an individual, company, or government attempting to make a profit without making a product, producing wealth, or otherwise contributing to society. - Influences on environmental policy  1) Democratic legitimacy  Judgment about the adequacy of the decision-making process are complicated by the fact there is no single, agreed-on concept of democratic legitimacy  Absolute standards of legitimacy versus liberal-plura自由多t 元主义 politics  Further aspects of legitimacy within liberal-pluralist polities:  The norms of cabinet and parliamentary governments  Democratic federalism  Special interest group  2)Economic efficiency or competitiveness  All environmental decision making process are directly or indirectly influences by the consideration of economic efficiency and international competiveness  Varying circumstances of firms within sectors: big and small  Varying circumstances among sectors: pulp and paper vs telecommunications  3) scientific, technological and analytical controversy  Debates on the degree of environmental health and safety: zero risks, threshold levels, irreversibility of effects …  Human health versus health of plants, animals and the ecological health  Scientific and technological controversy  Interactions among multiple pollutants  Debates over the adequacy of decision making techniques: environmental impact statements, cost-benefit analysis, regulatory negotiation, mediation 1. Doern  - The purpose of good policy implementation is to ensure that desired changes in behavior actually occur in an entrenched 根深蒂固的 way over the long term  Government leadership is needed to establish framework laws. But market mechanisms are needed for actual implementation 2. Jurisdictional issues - Jurisdiction  1973, endangers species act  2005, Canada passed the SARA, species at risk act  Why so late?  Jurisdiction overlap  Federalism  A political system in which powers of state are formally divided between central ad regional governments in a written constitutions  ConstitutionAct of 1867  Establish the roles of the federal government and the regional governments  Federal governments has the control over fisheries, taxations, international trade  Provinces exclusive control over timber  ConstitutionAct of 1982  Section 91 – federal government  Public debt and federal property  Regulation of trade and commerce (international included  taxation  navigation and shipping  sea coast and inland fishery  aboriginal lands  criminal law  money and banking  section 91 – provincial government  management and sale of timber  property and civil right  matters merely local in nature  enforcement of laws  all land, mines, minerals, and royalties  (provincial owns the resources, but federal still have international trade right)  How federal government get powers from Constitutions  1) charter of human rights  2) federal governments can impose legislation under POGG (peach, order, and good government)  Allows federal government to pass legislation on issues of national concerns  3) doctrine of paramountcy最高权威  Conflicts between federal and provincial governments, federal government take the priority  Some legal cases  1) Fowler vs R  Fowlers – a logging contractor  Was charged by the federal government for deposing debris into a small stream  Fowler said Federal has no jurisdiction  Wood --- under provincial  Supreme court of Canada ruled against the federal government  2) Northwest Falling Contractors vs R  Company responsible for an oil spill off of the coast of B.C  Charged by federal government under fishery act  Company said it is the provincial jurisdiction since it is OIL  Supreme court ruled in favor of the federal government  1) & 2) ---- medium differs  3) Canada Metal vs R  Manitoba courts rules that air pollution is not confined within a province  That create beyond provincial concern or ability  Necessary condition for application of POGG  4) Crown Zeller bachl vs R  Supreme court ruled the sea water pollution is beyond provincial ability of concern – federal can apply POGG  Why federal governments don’t want the power?  Federal government don’t want to pay for it  Federal use that ruling to create CEPA  5) hydro-quebec vs R  Hydro-quebec was charged by federal government after HQ dumps PCBs into the St Maurice river  Charged under CEPA  HQ challenged federal authority under CEPA since they thought it was unconstitutional  Supreme court ruled in favor of the federal but they ruled in favor of the federal by  “protection of environment, unrelated to human health effect, is a legitimate purpose of criminal law”  But federal thinks it is too much power  Increased jurisdiction over environmental issues to the provinces, any advantages?  Advantages:  Can be more specific, more suit to local problems  Faster legislation  Cut costs to the federal government  Local preferences – more aware  Different provinces night have different answers to the problems – diversity in problem saving  Concerns  May overlook minorities  Inter-provincial spill over  Confusion in regards to policy precedence 优先 since different provincial government has different policy  International spillover  Funding issues – provincial has less money than federal  Local politicians are influenced more by local industries  More jurisdiction for the federal government  Advantage  Handle interprovincial spillover better  More funding  Less influenced by local industries  Concerns  Less aware of local preferences  Slow legislation  Less specific and suit to local problems  Jurisdiction within jurisdiction  Jurisdiction conflicts within a jurisdiction  Environmental policy  SRD – fish, ad wildlife, forestry, water  Alberta Environment – fish and wildlife, Parks environmental standards  Alberta Energy – environmental standard  Public works, supple and services  AlbertaAgiriculture  Overlaps and conflicts between jurisdictions 2. Lucas 3. Mckenzie Section 3. Formation, analysis and evaluation of environmental policy - Evaluating environmental policies  How to judge?  1) will the policies achieve the environmental goal ?  I: are the goals defined?  II: how are these goals defined?  III: are the goals agreed upon?  IV: when will the goals be met?  2) is the policy FAIR?  3) are there MORAL/ETHICALconcerns?  The view: wrong vs right  Polluter pay’s principle  4) is the policy efficient and cost effective?  5) will the policy provide agencies with relevant information  6) how costly will monitoring and enforcement be?  7) is the policy flexible?  8) will the policy provide industry with positive incentives?  9) will the policy be understandable for general public  Transparency  1.Level of trust  2. Better understanding, we can better support and complaint 4. Cochran & Malone 5. Field and Olewiler ch. 9 6. Tayler Section 4: Normative Policy Criteria - Values and environmental policy  Normative issues, what should be done  Classification of values  1) intrinsic value  Something has an intrinsic value if it has value in its own right or for its own sake  1.1) anthropocentric  1.2) non-anthropocentric  2) instrumental value  Something has an instrumental value when its existence is necessary for the preservation or realization for some other values  Eg. The pen has instrumental value since it has use value  2.1) demand value  2.11) use value  2.12) option values  Values of a good or services because it MAY be used in the future (hard to put $ in)  2.2)non-demand values  2.21) transformation values  The values in something existing because it may change someone’s preferences once they have experienced it  Jazz, when u heard Jazz, it may change you preferences  2.22) existence values  Values in the preservation of a good or services NOT because of its future use possibility but because there is a value in the existence of such goods  Close to intrinsic value  RED – hard to measure  How to value these values?  If we survey?  Hard to do, we may give BAD answers  We May lie  Potential bias, we want people to think you are good  Technocentric v.s. biocentric views  Technocentric views  Economic system is considered to be separate and independent of the ecological systems  Economic growth is the only practical way to alleviate human poverty and minimize environmental degradation  There are no limits to per capita growth  Techno-fix – technology will solve problems  Advances in technology will alleviate any resource shortage  Free-market leads to conservation of scarce resources through rising prices (let the market take the problem)  Shortage of natural capital can be substituted with human made capital  But is the human made capital be the perfect substitute for the natural capital?)  Human are superior and dominant over nature.  Biocentric views  Economic systems is a subsystem of the ecological system  The earth has a finite capacity  The free market conserves a limited range of commodities  The free market does not conserve non-market environmental commodities  Non human made substitutes exist for many types of natural capitals  Humanity is part of nature and dependent on the life support system of the ecosphere - Theory of Justice  How should we aggregate preference over society with differing view?  What is best for society?  What is the role of government ? 1) Pareto Optimality (Pareto Criterion)  We undertake a policy if no one is worse off and at least one person is better off  All individuals have a VETO power  Eliminate waste case but it is not fir to the real world  Nature of most of polices involves TRADE OFF, hence someone is going to lose  A reallocation that leaves at least one person better off while making no one worse off is called PARETO Superior (improvement): Note a Pareto superior move must increase total welfare. In many cases, a strict pareto improvement is not available to policy makers  NOTHING about equity  Can’t have any losers  Pareto optimality is the most pareto superiors case 2)Utilitarianism  Derived from the writing of Jeremy Bentham  Take the sum of the pleasure minus the pain. If the sum is positive then take the action  It assumes that what is “good” equals what is “just”  **according to the utilitarian view, social institutions are both good and just if they are such as to maximize overall utility  For Bentham, the fundamental idea is the only good thing in the world is pleasure, of which pain is the antithesis  The hop was that all experiences of pleasure would prove to be measurable on a single scale, valid for all people, such that pleasures could meaningfully be added across time and across people  The only claim that individuals can make upon their government is that the government takes as much account of that individuals utility as it does anyone else  The utilitarianism government maximize the total utility of its citizens  Issues:  Not distinction between what is “good” and what is “just”  Ignore MORALRIGHTS  How to measure pleasure and pain inter inter individually  Not everything that contributes to a person’s happiness can be reduced to pleasure  Different kind of pleasure are incommensurable  The same thing as the benefit/cost analysis  Government role – impartial spectator  Who has no direct involvement in the society but looks on it  Being equally distant from everyone, the impartial spectator sympathetically experiences everyone’s pleasures and pains in proportion to their true value. In this way, judgment about the social good are reduced to the rational preferences of one person 3)welfarism  An attempt to apply utility theory while adjusting the theory to eliminate measurement problems  We do not apply a number to satisfaction, but we derive the results of utility theory by asking consumers to rank preferences  Individual  Prefer X to y  If X >y, then it cannot be the case that y>x  Individuals must be rational  Issues  But individuals are not rational all the time  Still a measurement problems although we change the way to measure  We still have the problem of inter-individual comparison  Harsanyi  Imagine that you have to choose between alternative social states knowing that you are a member of society but not knowing which member you are and you are equally likely to be any one of those persons  The self-interested preferences you would have in this imaginary position represent impartial judgements about the welfare of society as a whole  If x and y are equally likely and you choose x > y, then x must be better for society  Similar to veil of ignorance  Another approach: construct social welfare function  Government role: impartial spectator  Differences between utilitarianism and welfarism is utilitarianism relies on our supposed ability to make objective measurements of pleasure, Harsanyi requires instead that we are able to make subjective judgements about whether we should prefer to be one person rather than another 4) Rawls’s theory of justice  By John Rawls  Distribution of primary social goods, not the utilities  Criticizing utilitarianism  In Utilitarianism, “there is no reason why the greater gain of some should not compensate the lesser losses of others”  “It is incredible that a citizen should be expected to accept lower prospect for life for the sake of others”  Rawls:  Society is a system of cooperation designed to advance the good of each of its members  The purpose of society is to
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