Environmental Law Exam 2

Front 1

Alternative energies availability distribution for :
wind
solar
biomass
hydro-power
geothermal

Back 1

wind: coast of oceans and great lakes, some mountainous regions

solar: soutwest / desert

biomass: Midwest

hydro-power: along riverways

Geothermal: geologically active western states

Front 2

energy use changes from 2005-2008

Back 2

1% increase in renewable, nuclear and natural gas

3% decrease in petroleum

no change in coal.

Front 3

coal use pre- WWI? (%)

current coal use?

Back 3

75% of energy use

current- 25% (mainly for electricity)

Front 4

What energy source began to replace coal after WWI?

Back 4

shift to NATURAL GAS following automobile mass production

Front 5

Present use (%) of natural gas?

Back 5

25% of energy "pie"

Front 6

Present use of crude oil %?

Back 6

20% of "pie"

Front 7

OPEC

Back 7

Organization of
Petroleum
Exporting
Countries

*they have withheld oil and raised prices since the 70's resulting in a sharp rise in oil prices
*in response, Nixon enacted the Emergency Petroleum Allocation Act to distribute supplies uniformly.

Front 8

public confidence in oil supply?

Back 8

overall, high. $3 oil sometimes causes a reaction & makes people question reliability.
*Slow and steady shift toward hybrid cars.

Front 9

Renewable energies use (% of pie)?

Back 9

6%

Front 10

1978 Public Utilities Regulatory Policies Act

Back 10

requires utilities companies to purchase excess power generated (by windmill, for example) at "avoided cost" rate. (what Utilities would have spent to generate it themselves)

Front 11

What is hindering the US from adopting alternative energies?

Back 11

minimal tax incentives, little government support, and higher production cost
*some states have taken the initiative where federal govt hasn't.

Front 12

Popularity of wind energy?

Back 12

there are wind farms in every state west of the Mississippi

Front 13

What stop South Dakota from providing energy % in the double digits?

Back 13

transmission capacity

Front 14

What has prevented Nuclear Power use (since '76)?

Back 14

public pressure
media coverage
economic cost
-permitting delays due to safety regulations.

Front 15

Strongest growth in energy use is predicted in which countries?

How will this effect carbon emissions?

Back 15

developing: India & China

carbon emissions up 72% above 1990 levels (?)

Front 16

reasons for environmental policy paralysis?

Back 16

resource boundaries conflict with political boundaries.
-maze of regulatory and legislative requirements for each type of fuel and use sector.

Front 17

Sherman anti trust act:
year and purpose?

Back 17

1911
broke up the Standard Oil monopoly.
(first major govt intervention in energy policy)

Front 18

significance of Tennessee Valley Authority?

Back 18

part of New Deal
-employed Americans in hydro-power companies
*in addition, the govt took on consumer protection role ensuring energy to poor Americans

Front 19

What added to American's sense energy security in the 80's?

Back 19

Trans alaskan pipeline

Front 20

When did National oil reach its maximum potential (peak oil)?

Back 20

in the 70's
*at this point we were already importing 30% of our oil.

Front 21

impacts of oil spills on commerce (70's)?

Back 21

moratorium on offshore drilling
(Reduced domestic supplies even further)

Front 22

Popularity of wind energy?

Back 22

there are wind farms in every state west of the Mississippi

Front 23

Energy Policy and Conservation Act:
year and purpose?

Back 23

1975
-taxed oil company profits
-created appliance and fuel efficiency standards!

Front 24

What caused energy policy paralysis during Nixon President?

Back 24

interest groups deeply involved in policy making
-each fuel source treated separately

Front 25

Dept of Energy
year and president?

Back 25

1977
Carter (cabinet level dept)

Front 26

trend with public knowledge on energy, and oil?

Back 26

POOR!
less concerned about conservation and environment when oil prices are high.
-haven't always believed that there is an oil shortage, just that there was a conspiracy & price fixing.

Front 27

Reagan's National Energy plan:
year and objectives

Back 27

1981
-limit govt' intervention/regulations
-cut funds for alternative energy (research, subsidies).
-tax benefits for oil producers
-little support for conservation :(

Front 28

highlights of G.H.W. Bush's presidency with energy policy?

Back 28

- = parts oil production and conservation
- encouraged drilling in arctic national wildlife refuge, but congress rejected

Front 29

Energy policy act:
year and purpose?

Back 29

1992
-promoted price competitive utilities
-tax breaks to oil and gas drillers, energy efficiency, renewable energy, nuclear power plants (which weren't built), energy research and a climate protection office.

Front 30

President Clinton's approach toward promoting conservation and balancing budget?

Back 30

-raised gases 4.3 cents
-extended offshore drilling moratorium

Front 31

G.W bush energy initiatives?

Back 31

Pushed for drilling in Arctic NWR. and the rocky mountain basins.
- attempted to roll back clean air act and long standing drilling permit regulations which were "strangling domestic energy production."

Front 32

Domestic Hydrocarbon sources

Back 32

-vast majority OIL SHALE
then coal,
then oil
shale gas resources,
natural gas

Front 33

The Emergency Petroleum Allocation Act

Back 33

Nixon enacted to distribute supplies uniformly after OPEC raised prices on oil.

Front 34

Why do businesses and agriculture get deals on water?

Back 34

encourage economic growth and keeps food prices low.

Front 35

world pop increase and resulting water use increase in 20th century?

Back 35

population 3x
water use 6x

Front 36

peak water year?

aftermath?

Back 36

1980
*since then, limited conservation efforts,and some use reduction due to outsourcing

Front 37

factor that influence water per capita?

Back 37

population shifts
economy
legal decisions
climatic conditions

Front 38

federal policymakers for water sources? (2)

Back 38

US Army Corps of Engineers

Dept of Interior: Bureau of Reclamation

*there is no designated agency for water, but BLM regulates water distribution in 17 dryest states.

Front 39

federal policymakers for water quality? (only 1)

Back 39

EPA

Front 40

When did sierra club become active in water quality issues??

Back 40

1970's
*lost tax exempt status for mobilizing members to oppose a hydroelectric plant in the grand canyon.

Front 41

Bureau of reclamations (under dept of interior) shift in 1987?

Back 41

from federally supported construction to resource management

Front 42

water markets?

Back 42

financial transactions that include transfers of water rights, sale and/or lease of water rights, sale and/or lease of land that contains a water source.

Front 43

what are water markets dependent on?

Back 43

reallocating water supplies rather than finding new water sources.

Front 44

wetland banking

Back 44

(wetland mitigation)
Wetland banking is a process of tracking wetland and upland buffer credits that are designated for replacement of future wetland losses. Wetland banking allows wetland acreage to be purchased from an account holder who has an account of functioning wetland credits.

*These wetland credits may result from a prior replacement project with excess credits earmarked for banking, or from a wetland creation/restoration project done solely for the purpose of establishing wetland credits in the State Wetland Bank.

Front 45

What led to increased privatization of water markets?

Back 45

A private company, betchel, bought water in Bolivia.

Front 46

Clean water act regulates....

Back 46

1- navigable waters
2- Isolated wetlands
3- Proximity to navigable waters

Front 47

Who regualted wetlands?

Back 47

EPA & army corps of engineers

Front 48

Who are some wetland stakeholders?

Back 48

farmers
developers
property rights activists
environmental groups
individuals

Front 49

Scientific finding on wetland ecosystem values led to what policy?

Back 49

NO NET LOSS

Front 50

Manual used to define wetland?

Back 50

"Federal MAnual for Identifying and delineating wetlands"

Front 51

turn of century water legislation (circa 1900)

Back 51

1886- dumping prohibited in NY harbor
1899- REFUSE ACT- prohibited dumping solid waste into commercial waterways
1912- Public Health Service gets involved
(pollutants include organisms, solids, nutrients,metals,toxics, wastewater)

Front 52

1920 - what percent of surface water are polluted?

Back 52

85%

Front 53

Water pollution Control Act: year and purpose?

Back 53

1948
gave federal govt' limited role in controlling water pollution

1972 FEDERAL water pollution control act had more teeth

Front 54

Thaddeus Stevens

Back 54

A Radical Republican who believed in harsh punishments for the South and a defending of the rights of Freedmen. Leader of the Radical Republicans in House where he led the campaing to impeach President Johnson.

Front 55

What portion of US drinking water is ground water?

Back 55

> half

Front 56

Safe Drinking water act: year and purpose?

Back 56

1974
EPA regulated community water supplies for communities >10K people.
Monitoring and reporting required, and standards for Maximum contaminant levels (MCL's).

Front 57

Name for drinking water standards?

Back 57

MCL's
Maximum contaminant levels

Front 58

When did the government change from "routinely approving hydro-power projects" to requiring environmental assessments?

Back 58

1985

Front 59

What is the main basis foir water policy?

Back 59

HEalth

Front 60

What enforcement exists for clean drinking water?

Back 60

nearly non- existent. :(

Front 61

Water law in Eastern water-rich states?

Back 61

Riparian Rights (common law)

Front 62

Water law of dry western states? (Specified users & specified qulaified uses & quantities (beneficial uses
) )

Back 62

Prior Appropriation Doctrine

Front 63

Law that uses a combination of Riparian Rights and Prior Appropriation Doctrine?

Back 63

Reasonable Use Doctrine

(a sprinkling of this used West of Mississippi River)

Front 64

How much water do most Americans use per day?

Back 64

100 gallons
(LA'ers use 145!)

Front 65

What enforcement exists for clean drinking water?

Back 65

nearly non- existent. :(

Front 66

Water law in Eastern water-rich states?

Back 66

Riparian Rights (common law)

Front 67

Water law of dry western states? (Specified users & specified qulaified uses & quantities (beneficial uses
) )

Back 67

Prior Appropriation Doctrine

Front 68

Law that uses a combination of Riparian Rights and Prior Appropriation Doctrine?

Back 68

Reasonable Use Doctrine

(a sprinkling of this used West of Mississippi River)

Front 69

How much water do most Americans use per day?

Back 69

100 gallons
(LA'ers use 145!)

Front 70

expoected irrigation increase over next 20 years? (%)

Back 70

40%

Front 71

$ major defects with the Great Lakes Basin bill according to attorney Jim Olson?

Back 71

1- No Declaration of Public trust
2- Products do not equal Diversions, diversions ban doesn't apply and therfor doen't protect (commercializing largest fresh water body)
3- "significant" adverse impacts vs. Economic benefit
4- withdrawal limits" loose" 2- 10 million gallons/day depending on state

Front 72

nuisance: what kind of law?

Back 72

common law

Front 73

Who can regulate greenhouse gases alone?

Back 73

EPA

Front 74

3 categories of endangerment: bad worse, worst

Back 74

vulnerable
threatened
endangered

Front 75

what is it called when a few individuals speak for a larger group?

Back 75

arbitration

Front 76

Definition of Public Nuisance?

Back 76

unreasonable interference with a right common to the general public
inconvenience, damage or interference must be public.(NOT PRIVATE)

Front 77

3 factors that make it difficult to keep biodiversity on the public agenda?

Back 77

1- lack of an easily identifiable opponent
2- lack of IMMEDIATE impact on human lives
3- lack of cohesion among wildlife groups

Front 78

main causes of extinction?

Back 78

40% deforestation
40% hunting and fishing
15% invasive species
5% pets & pollution

Front 79

supreme court determined state ownership of wildlife in the ____century.

Back 79

19th

Front 80

the romans declared that wildlife belonged to _____.

Back 80

no one.

Front 81

In medieval england, wildlife ownership was linked to....

Back 81

property rights of king and noblemen.

Front 82

Migratory Bird Treaty Act: year and purpose?

Back 82

1918
birds killed for hat feathers were now protected

Front 83

Wild free roaming horse and burro act: year and reason passed?

Back 83

1971
Tales told by Wild Hose Annie caught public's attention

Front 84

Marine mammal protection act: year and purpose?

Back 84

1972

"save the whales"
overgishing had caused population declines since the 60's.

Front 85

Establishment of Fish and Wildlife Service: year, who was replaced?

Back 85

1940, formerly regulated by Dept of Ag and Bureau of biological survey.

Issues divided into commercial and sport.

Front 86

Year of "real" endangered species act? purpose?

Back 86

1973
federal agencies MUST consider species in the course of their activities. Must have prepared lists of vulnerable, threatened and vulnerable species.

Front 87

Listing of endangered species is done by whom?"

Back 87

Secretaries of INTERIOR and COMMERCE

Front 88

Critical habitat

Back 88

determined by USFWS
Areas of habitat that are crucial to the survival of a species and essential for its conservation that have been formally designated as such y rule published in the Federal Registrar.

Front 89

Habitat recovery plans

Back 89

activities that support the recovery of a species...sometimes required of a private landowner.
Public involved, and costs assessed, sometimes priorities controversial (people don't like to designate critical habitat).

Front 90

CITES

Back 90

convention on trade in endangered species of wild fauna and flora.
Intended to protect species from illegal poaching and trading.
it'a an international convention. Cites has no enforcement power, but leaves decision whether to impose trade sanction up to sovereign nations.
Administered by UNEP and COP (conference of the parties)
If nations dpo not agree, they may make a "Reservation".

Front 91

Major importer of endangered species goods?
Exporter?

Back 91

imp: JAPAN
exp: Africa

Front 92

2 Problems with shared properties?

Back 92

1. controlled access can be costly or impossible
2. Each user may subtract from the welfare of others

Front 93

Cap and trade would have reduced the average American family's energy bill by $____/month

Back 93

$30/month

Front 94

2 policy approaches to climate change

Back 94

GHG reductions in line with
Kyoto
insurance policy approach

Front 95

international environmental law are dependent on:

Back 95

-scientific consensus
- the relative power of each nation
-cost of control

Front 96

international laws must include:

Back 96

-global reporting system( with data collection)
-international monitoring organization
--means of controlling sanctions
- a dispute resolution mechanism

Front 97

Global commons:
___% of US acid rain originates in Canada.
___% of Canadian Acid rain originates in the US.

Back 97

20% from Canada
50% from US

Front 98

Example of tragedy of the commons: severe pollution 2K miles long and 60 miles wide.
Free trade and joint corporate ownership zone

Back 98

Mexico's Maquiladora zone

Front 99

NAFTA
North American Free Trade Agreement

Back 99

-envir. laws can be challenged as discriminatory
-stricter state laws can't be considered
-international standards must be used if avail.
standards should be "harmonized upwards"
-recommendations rather than requirements
-parties not obligated to comply with env. treaties

Front 100

GATT
General Agreement on Tariffs and Trade

Back 100

Now World Trade Organization

-no env, provisions
-voluntary mexican compliance with MArine mammals act made US Tuna industry less competitive

Front 101

cost of refitting Mexican and foreign boats with dolphin safe tuna nets?

Back 101

25 million
(output is 450 million)

Front 102

What created fast international respose to Ozone Depletion?

Back 102

Du Pont phased out CFC's and a new 36 billion dollar market was created.
Clean Air act of 1990accelerated phase outs.

Front 103

NOAA: year created and purpose?

Back 103

1970
to ensure full and wise use of the marine environment

Front 104

Oceans act of 2000: purpose?

Back 104

directs president to consult state and local govts on pressing issues facing ocean and coastal resources,