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How did New York City's climate politics change after Hurricane Sandy, and why? Prevailing accounts of extreme weather's impact on climate politics draw on survey data and characterize climate policy in vague terms. However, weather does not do the work of politics; the specifics of climate policy matter. I develop a relational sociological approach focused on mobilized actors, political economy, and event theory. Drawing on interviews and document analysis, I show how senior disaster officials, New York's Mayor Bloomberg and his Office of Long-Term Planning and Sustainability, community groups and Occupy Sandy activists responded to Hurricane Sandy. Actors maintained outlooks and practices consistent with their position in the city's power relations. This selective continuity shifted New York's climate policy from decarbonization-focused tentative cosmopolitanism to adaptation-focused defensive parochialism. I term this convergent prioritization of adaptation a 'fortress of solitude' social logic. Only subsequent events explain New York's 2019 low-carbon legislation. [ABSTRACT FROM AUTHOR]

This paper focuses on the effects of political ideology and party affiliation on support for more government spending on environmental protection. Pooled‐sample results show that Liberals (Democrats) are more likely to support higher government spending on environmental protection than Moderates (Independents), who, in turn, are more likely to support higher spending levels than Conservatives (Republicans). The results persist even when we control for respondents' opinions concerning whether the federal government, in general, does too little or too much. When stratifying by party, ideological divisions generally narrow, while stratifying by ideology leads to slightly wider divisions between Democrats and Republicans. Together, these results suggest that when Liberals and Conservatives form opinions about government spending on the environment, party affiliation, to some degree, dampens the effects of ideology. Between 2014 and 2018 the probability of supporting more environmental spending increased, albeit slightly, for all ideologies and parties, but more so for Liberals and Democrats. [ABSTRACT FROM AUTHOR]

Problem, research strategy, and findings: Climate scientists have developed high-resolution climate models to project local effects of climate change. However, such high-resolution climate information is not widely incorporated into climate change adaptation plans. In this study we analyze high-resolution (1.24x1.24-mile grid) temperature data generated by a climate model for Los Angeles County (CA). The data include projected surface air temperature and the number of extreme heat days (daily maximum temperature exceeding 95 °F) between a baseline period (1981-2000) and a mid-21st-century period (2041-2060). The data assume that human-induced greenhouse gas emissions will continuously increase at the current level and no change in existing built environments. We find significant geographic heterogeneity in terms of climate change effects in Los Angeles County. Also, given the assumptions, we expect inland suburban areas where urban expansion has been occurring to have more severe extreme heat effects than central and coastal areas by mid-century. Takeaway for practice: Planners should engage with climate scientists to access and use high-resolution climate data. The use of high-resolution climate data needs to be mandated in plan-making in the era of climate change. Many regions may have different spatial patterns of extreme heat events and require tailored climate adaptation plans. In Los Angeles County, for example, continuing suburbanization in inland valley areas may need to be discouraged, whereas coastal areas with the least effects may consider denser, inclusive redevelopment strategies. [ABSTRACT FROM AUTHOR]

Despite significant air quality improvements over the past 30 years, haze-- a blend of pollutant particles that can travel for hundreds of miles--continues to affect the clarity of our nation's air. Under a provision of the Clean Air Act that aims to restore scenic vistas in national parks and wilderness areas, EPA developed a long-term program to achieve "natural visibility" in protected spaces by 2064. But in 2017, EPA modified its program to allow states to change their 2064 goal from "natural visibility" to "natural visibility" plus an "estimate" of internationally sourced haze. This Note explores various problems associated with EPA's new approach: it is inconsistent with the language of the Clean Air Act, it incentivizes states to overestimate cross-border haze, it disincentivizes cross-border collaboration, and it fosters environmental injustice. The Note proposes a two-part alternative approach that includes (1) changing how states account for international pollution in their state implementation plans, and (2) reaffirming state and federal duties to engage in cross-border haze reduction efforts. Though the literature has analyzed the progress of EPA's haze program and evaluated cross-border environmental efforts, this Note builds upon past work by exploring the impact of EPA's 2017 rule, which states will implement in their next round of plans due on July 31, 2021. [ABSTRACT FROM AUTHOR]

Consent decrees -- the unheralded workhorses of regulatory law -- play a critical role in environmental law. The bulk of major environmental disputes at the federal level are resolved through consent decrees lodged under judicial supervision, and key federal environmental statutes and policies directly require settling parties to use consent decrees to resolve their claims. These proposed decrees, however, typically receive only a restrained judicial review that does not yield a formal judicial opinion on the full merits of the agreement. Parties, in fact, will frequently insist that the decree will not involve an admission of liability or any conclusions of law. As a result, consent decrees operate as the dark matter of environmental law -- an unseen supporting medium that surrounds and supports the statutory and regulatory directives that function within it, but which leaves few marks of its own. These decrees play a similar role in several other legal fields, including antitrust, consumer protection, class actions, labor, and bankruptcy. Most of the public and scholarly scrutiny of consent decrees has focused on concerns about their potential effects on third parties and their constraints on future executive discretion or administrative action without proper democratic accountability or transparency. This Article reverses that perspective. It assumes that consent decrees can appropriately create and foster emerging legal principles, and it suggests strategies to identify these new legal holdings. This Article proposes three ways by which consent decrees substantially influence the development of environmental law and flag new emerging principles. First, consent decrees can serve as a platform to implement nascent regulatory policy prior to the formal promulgation of rules or regulations. In a sense, consent decrees in these circumstances provide a test bed for new environmental practices and expectations that later mature into full-fledged regulatory standards. This function of consent decrees tends to surface most visibly during coordinated enforcement initiatives involving industrial sectors at the federal level. Second, consent decrees can generate new law through deferential review by the courts that lodge them. When courts weigh a proposed consent decree to determine whether to accept it, they use a relaxed review standard that does not require the court to closely assess the merits or legal conclusions of the settlement. Such a review parallels, in many respects, the deferential judicial review of administrative agency action under the federal Administrative Procedure Act. This historical deferential review of agency action nonetheless has sketched the contours of numerous important principles of environmental law; relaxed judicial determinations of the legality and fairness of consent decrees may play a similar role. Last, and most controversial, consent decree judgments arguably can directly embody legal holdings that, at minimum, have persuasive value for subsequent court proceedings. These holdings, in certain circumstances, might even rise to the level of precedential rulings entitled to stare decisis in future actions. This final role of consent decrees in generating environmental law, however, requires careful consideration to avoid the risks of manipulation or erosion of judicial authority. [ABSTRACT FROM AUTHOR]

A speech delivered by the U.S. Environmental Protection Agency Administrator Gina McCarthy at New Mexico School of Law about the role of lawyers in protecting the environment is presented. It reports that McCarthy spoke of the need to protect the environment for future generations, and how that need was hampered by a communication gap between the experts and the general public.

The scalar tensions of nationalism manifest acutely in agriculture—particularly in the contemporary United States. This is paradoxical because farm policy calls for and enacts nativist governance that undermines the conditions of farming: from labor to water, topsoil, and pollinators, to export markets. At the heart of these scalar contradictions is the fraught, shifting terrain of agrarian populism. The intertwined origin of the U.S. Farm Bill, the American Farm Bureau Federation, and Cooperative Agricultural Extension shows how early twentieth-century fraught agrarian populism drove farm policy but how it also carried a pivotal consensus of recognition about the ecological and economic dangers of overproduction. Drawing on archival research at the U.S. Department of Agriculture's (USDA) National Agricultural Library Special Collections, discourse and policy analysis of U.S. Farm Bills, and qualitative research with farmer organizations, this article traces how racialized xenophobia accentuates the hypocrisy of U.S. agriculture's extreme dependency on migrant labor, as heightened borders also reveal their ecological farce in the face of intrinsically transnational climate change, soil erosion, and water constraints. The America First trade agenda decries imports while sidelining the crisis of commodity crop glut and the spatial fix of subsidizing exports as surplus disposal. Yet, even amidst the scalar contradictions of nativist agricultural governance and the fraught farm populism driving it, there existed a kernel of agrarian populism grounded in a collective honest recognition of the ecological, economic, rural, and social crises of overproduction—and that organized against it. This kernel catalyzed the origin of both the Farm Bill and the Farm Bureau but has been subsumed in and through both since. [ABSTRACT FROM AUTHOR]

This article examines the relationship between racism and environmental deregulation in President Trump's first year in office. We collected data on all environmental events, such as executive actions at the federal level or Trump's tweets. Likewise, we documented racist events targeting indigenous people, people of color, Muslims, and South Asians or Arabs. We found important differences in how these agendas unfolded: Environmental events were more likely to be concrete actions, whereas racist events were more likely to involve "noisy" rhetoric. The differing forms are not associated with particular levels of harm; rather, they suggest the unanticipated and complex ways in which racism intersects with environmental governance under neoliberal, authoritarian regimes. We argue that Trump's "spectacular racism," characterized by sensational visibility, helps obscure the profound deregulation underway. The white nation plays a critical role, as Trump uses spectacular racism to nurture his base, consolidate his power, and implement his agenda. Such an analysis expands how environmental racism is typically conceptualized. Key Words: environmental deregulation, spectacular racism, Trump, white nation. [ABSTRACT FROM AUTHOR]

Although substantial attention has focused on efforts by the new Administration to block environmental policies, climate politics have been contentious in the US since well before the election of Donald Trump. In this paper, we extend previous work on empirical examinations of echo chambers in US climate politics using new data collected on the federal climate policy network in summer 2016. We test for the similarity and differences at two points in time in homophily and echo chambers using Exponential Random Graph Models (ERGM) to compare new findings from 2016 to previous work on data from 2010. We show that echo chambers continue to play a significant role in the network of information exchange among policy elites working on the issue of climate change. In contrast to previous findings where echo chambers centered on a binding international commitment to emission reductions, we find that the pre-existing echo chambers have almost completely disappeared and new structures have formed around one of the main components of the Obama Administration’s national climate policy: the Clean Power Plan. These results provide empirical evidence that science communication and policymaking at the elite level shift in relation to the policy instruments under consideration. [ABSTRACT FROM AUTHOR]

The author reflects on the Juliana v U.S. case which involves American climate change policy and is considered the most important environmental case in the country. The violation made by the U.S. federal government to the plaintiffs’ fundamental constitutional rights to liberty, life, and property by substantially causing or contributing to a dangerous concentration of carbon dioxide in the atmosphere is mentioned.

State governments in the United States are well placed to identify opportunities for mitigation and the needs for adaptation to climate change. However, the cost of these efforts can have important implications for budgets that already face pressures from diverse areas such as unfunded pensions and growing health care costs. In this work, the current level of spending on climate-related activities at the state level are evaluated and policy recommendations are developed to improve financial management practices as they relate to climate risk. An examination of state budgets reveals that climate mitigation and adaptation activities represent less than 1% of spending in most states. The data collection highlights the obstacles to collecting accurate spending data and the lack of budgetary and accounting procedures in place. More importantly, the difficulty in benchmarking these activities poses challenges for the analysis of state-level policies as well as planning and modelling future climate-related spending. Other policy contexts, including public pensions and infrastructure, can provide guidance on budgetary and accounting tools that may help states prepare for and more efficiently manage climate-related expenditures. Key policy insights Climate change mitigation and adaptation will require substantial investments across many levels of government on a wide range of activities. Currently, US states are not clearly demarcating climate expenditures, hindering the identification of climate-related budgetary risks. In the absence of guidelines, these longer term fiscal outlays may remain chronically underfunded in favour of more near-term spending priorities. Establishing appropriate financial management and data collection practices is important for more sophisticated cost-effectiveness and policy analyses. [ABSTRACT FROM AUTHOR]

President Trump has embarked on an ambitious and far-reaching attempt to reshape American environmental policy. In regard to climate change, water quality, and other areas, his administration's actions constitute an attempt to roll back existing environmental protections and torecalibrateAmericanenvironmentalfederalism.Theseactionslargelyrepresentacontinuationof the practice of presidential reliance on the tools of the administrative presidency that has shaped U.S. environmental policy over the past forty years, although the Trump Administration has employed these tools in an especially aggressive fashion. Because changing public policy through administrative means is a time-consuming process that invites legal challenge, the full implications of these efforts will not be known for several years. [ABSTRACT FROM AUTHOR]

From a theoretical perspective, the effect of international climate policy on individual willingness to take up climate protection efforts is ambiguous. An effective international climate policy may motivate individuals to increase their voluntary efforts to mitigate global warming (crowding-in). However, if individuals perceive international climate policy to be effective, they may decide to scale back their own voluntary climate protection activities (crowding-out). Relying on data from representative household samples from Germany and the US, this article empirically explores the relation between individual perceptions of climate policy and their planned adoption of six climate protection activities. It also tests the effects of a ‘warm glow’ motivation and whether this effect varies with the perceived effectiveness of international climate policy. The econometric analyses provide suggestive evidence that higher perceived justification and effectiveness of international climate policy crowd in voluntary individual climate protection activities in the US and Germany. In both countries, these activities are also positively related to the warm glow indicator, confirming that feelings which go beyond pure altruism help explain individual voluntary climate protection efforts. For the German (but not the US) sample, the effect of warm glow is stronger when international climate policy is believed to be ineffective. Key policy insights More effective international climate policy is expected to spur additional voluntary climate protection activities by individuals. Enhancing people’s trust in the outcomes of international climate policy likely raises their engagement in voluntary actions. In some cases, policy failure may be somewhat compensated for by greater individual action, motivated by warm glow. [ABSTRACT FROM AUTHOR]

Donald Trump ran his campaign on an anti-federalist agenda. He asserted that the federal government was too large and that regulation was the key problem choking the economy. A large portion of the country agreed. Apparently, Trump's arguments especially resonated with voters in Republican led states. Polling did not accurately predict Trump's success in the 2016 Electoral College. To many, Donald Trump's election as President came as a great surprise. Traditional polling reported in the press did not predict Trump's electoral victory. Patterns in public response to some of President Obama's second term environmental health regulation more accurately predicted the electoral map. As the second term Obama EPA proposed additional regulation, resistance in the central United States grew. This Article tracks the legal reaction of states across the country to Obama second term regulations governing shale oil and gas extraction (what the public calls "fracking"), the rule revising the definition of "Waters of the United States," and the "Clean Power Plan."2 The Article demonstrates that with each new regulation, opposition to the Obama environmental plan grew. The map of state reaction to the Clean Power Plan (the final rule in the suite of rules examined) shows a map that resembles, if not mirrors, the November 2016 electoral map. [ABSTRACT FROM AUTHOR]

Wildlife governance principles (WGPs) identify desirable governance characteristics for wildlife conservation in the United States (US). The types of institutional, ecological, and socio-cultural challenges that WGPs are designed to address also affect governance of public natural resources other than wildlife and in places other than the US. This raises the possibility that a similar set of governance principles might help natural resource professionals working in other resource contexts address the particular challenges they face. We describe the process by which we developed WGPs and offer seven practically oriented questions to help natural resource professionals ascertain whether a similar set of principles could improve governance in their context. In some contexts, minor modification of WGPs might be appropriate; in others, the process by which we developed WGPs could serve as a blueprint for formulating appropriate principles. [ABSTRACT FROM AUTHOR]

Superstorm Sandy hit the northeastern United States in October 2012, knocking out power to 10 million people and highlighting energy and critical infrastructure system vulnerabilities in the face of a changing climate. The increased frequency and intensity of such disruptive events is shifting priorities in electricity system planning around the world, including how multiple stakeholders consider linkages between climate vulnerability and energy. This research links smart grid development with adaptation to changing climates and explores how different stakeholders grapple with system vulnerabilities and climate disruptions. To illustrate this, the in-depth case study assesses post-Sandy discourse to compare how electricity sector stakeholder groups in New York, Massachusetts and Vermont associate energy, smart grid, and climate change. To explore how different energy system stakeholders frame the impacts of Superstorm Sandy on energy system planning, we conducted 22 focus groups with a broad range of organizations representing diverse aspects of the electricity system including utilities, regulatory authorities, research and development agencies, regional transmission organizations, academic research institutions, consumer advocacy and environmental organizations across the three states. We used these data to examine post-Sandy discourse about climate mitigation and climate adaptation, routine system management, and the potential value of “smart grid” for future energy system planning. We found that both New York and Massachusetts stakeholders focused more on climate adaptation than climate mitigation, while stakeholders in Vermont focused more on mitigation. In all three states stakeholder discussions of adaptation focused most heavily on system resilience and reliability, whereas discussions of mitigation focused on demand-side management and demand response followed by alternative energy strategies. These results suggest that extreme weather and climate disruptions will differentially shape discourse around smart grid and energy system change and shift the focus among energy system stakeholders on climate adaptation compared to climate mitigation. This research demonstrates variation between political jurisdictions (states) and energy system stakeholders in energy system planning in the face of new challenges related to an uncertain and rapidly changing world. [ABSTRACT FROM AUTHOR]

Flexibility and collaboration are a common prescription for complex, transboundary problems such as nonpoint source (NPS) water pollution. This paper examines the case of the United States Coastal Nonpoint Pollution Control Program (CNPCP), under which all 28 coastal states must develop comprehensive NPS management programs. The CNPCP allows states to satisfy requirements using voluntary, non-regulatory measures, and grants considerable flexibility in terms of institutional coordination and public participation. Thus, it is unclear whether compliance – which is incentivized with Federal funds – should be associated with improved environmental outcomes. Using a remotely sensed land cover census of 800 coastal counties from 1996 to 2010, this paper tests whether compliant programs – and particular participation and coordination mechanisms – are associated with different rates of forest and wetlands conversion. Approved states are associated with decreased rates of forest and wetlands conversion, but minimal differences are found with respect to specific participation and coordination strategies. [ABSTRACT FROM AUTHOR]

The article discusses several decisions issued by U.S. federal and state courts between October 1, 2016, and September 30, 2017 concerning toxic tort and environmental law. It reports several cases including "Petitpas v. Ford Motor Co.," that held no duty was owed to an allegedly exposed worker's girlfriend; Supreme Court's distinction between misfeasance and nonfeasance in "Riedel v. ICI Americas Inc.; and "Georgia Pacific, LLC v. Farrar" related to product containing asbestos.

There seems to be a widespread perception in the United States that labor union members are indifferent or even hostile to environmental protection efforts. Previous work on the nature of the relationship between labor unions and environmentalists, mostly drawn from case studies and interviews with union leaders, has not reached consistent conclusions. To provide a realistic examination of the relationship, we apply an empirical analysis to investigate attitudes of individual union members toward the stringency of environmental policies. Using the General Social Survey, we examine grass-root union members' preferences for public environmental spending options. Contrary to prevailing perceptions of conflict, we find a positive association between union membership and the choosing to increase environmental spending. Further, investigating the environmental attitude of union members in heavily regulated industries, we do not find evidence to support the argument that these laborers tend to be unfavorable toward environment. Our results also suggest that the level of regulation an industry is facing does not appear to have a statistically significant effect on respondent's choice of environmental spending. [ABSTRACT FROM AUTHOR]

The article examines laws aimed to protection of cultural and spiritual landscapes and materials in the U.S. Topics discussed include advocacy work of aboriginal traditional owners; he role of the courts in the protection of Indigenous cultural heritage; and ways to ways of overcoming the courts' ‘blindness' to country.

Alaska's narrow economy, dependent on federal spending and on absentee investment in exploitation of the state's natural resources, has generated especially vehement, comprehensive resistance to federal environmental protection of the state's wilderness areas. Falsely persuaded that the federal government has reneged on promises made at statehood in 1959 to develop resources on its Alaska lands, Alaska politicians, with broad public support, accuse federal officials of systematically impeding the state's economic advance. They do so despite a landmark case in federal court that declared the state's claims invalid. [ABSTRACT FROM AUTHOR]

State-level public opinion on the environment within the US is examined, using data from the General Social Survey (GSS) from 2000 to 2010. A Multilevel Regression and Post-Stratification (MRP) approach is taken to estimate three different survey items on environmental issues at the US state level. This allows for a comparable understanding of state-level public opinion on environmental issues, which is then connected to economic, environmental, and political conditions, and representation in policy making. The findings indicate the MRP technique is a sophisticated way to make accurate estimations of state-level public opinion, and those estimates provide further insight into the shaping of public opinion and public policy. [ABSTRACT FROM AUTHOR]

The author discusses aspects of the risk awareness and safety culture for environmental health in the U.S. He highlights the effort of the Organization for Economic Cooperation and Development (OECD) countries to prevent of minimize climate change through environmental protection. The author examines the contribution of several factors to environmental protection including technological advances, healthy and balanced diet and hygiene.

Fish consumption advisories are used to inform citizens in the United States about noncommercial game fish with hazardous levels of methylmercury (MeHg). The US Environmental Protection Agency (USEPA) suggests issuing a fish consumption advisory when concentrations of MeHg in fish exceed a human health screening value of 300 ng/g. However, states have authority to develop their own systems for issuing fish consumption advisories for MeHg. Five states in the south central United States (Arkansas, Louisiana, Mississippi, Oklahoma, and Texas) issue advisories for the general human population when concentrations of MeHg exceed 700 ng/g to 1000 ng/g. The objective of the present study was to estimate the increase in fish consumption advisories that would occur if these states followed USEPA recommendations. The authors used the National Descriptive Model of Mercury in Fish to estimate the mercury concentrations in 5 size categories of largemouth bass-equivalent fish at 766 lentic and lotic sites within the 5 states. The authors found that states in this region have not issued site-specific fish consumption advisories for most of the water bodies that would have such advisories if USEPA recommendations were followed. One outcome of the present study may be to stimulate discussion between scientists and policy makers at the federal and state levels about appropriate screening values to protect the public from the health hazards of consuming MeHg-contaminated game fish. [ABSTRACT FROM AUTHOR]

The article explores the issues related to major environmental statutes in the U.S. Topic discussed include laws defined by the Clean Air Act for violators of federal and state laws and regulations on air pollution control; introduction of the Safe Drinking Water Act; and aim of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to clean up hazardous substances at contaminated sites.

Cross Compliance (CC) is a mechanism for encouraging farmers to fulfill certain environmental conditions in return for governmental support payments. Introduced to United States (US) and European Union (EU) agricultural policy from the 80s onwards, upcoming new US (Farm Bill 2012) and EU (Common Agricultural Policy after 2013) policies will include CC. Cross Compliance is seen (i) as a policy for enforcing environmental objectives or (ii) as a way to organize and reward agricultural public good production. In recent years, the instrument's effectiveness and efficiency have been criticized. To validate the deviating understandings, we drew back on an economic institutionalist perspective. We found that regarding EU CC as payment for public goods does not generally align with the existing German property rights distribution. In both the EU and US, CC standards above those contained regulatory law have characteristics of a payment for public goods but create severe problems. We conclude that CC, even if useful for triggering and broadening environmental protection efforts, may cause several long-term problems. Therefore, the rights structure should be clearly communicated, law enforcement function should be temporary, the instrument should be included in an overall concept, and payments should be better linked to the environmental output. [ABSTRACT FROM AUTHOR]

Since the early 1990s, the American conservative movement has become increasingly hostile toward environmental protection and Congressional Republicans have become increasingly anti-environmental in their voting records. Party sorting theory holds that such political polarization among elites will likely extend to the general public. Analyzing General Social Survey data from 1974 to 2012, we examine whether political polarization has occurred on support for government spending on environmental protection over this time period in the US general public. We find that there has been significant partisan and ideological polarization on support for environmental spending since 1992--consistent with the expectations of party sorting theory. This political polarization on environmental concern in the general public will likely endure save for political convergence on environmental concern among elites in the near future. Such polarization likely will inhibit the further development and implementation of environmental policy and the diffusion of environmentally friendly behaviors. [ABSTRACT FROM AUTHOR]