Lecture 6

Question 1

What is the definition of a law?

Answer 1

• rules or commands enforceable by the positive power of the state
• statutes, ordinances, court rulings backed by the government

Question 2

What is the definition of environmental law?

Answer 2

Can say:
- the use of governmental authority to protect the natural environment and human health
- the body of laws that govern the relationship between humans and nature

In simpler words:
- laws that protect nature and ecology; and
- laws that protect public health and welfare

Question 3

Name some major environmental health laws.

Answer 3

Question 4

How are environmental laws organized?

Answer 4

By media

Question 5

What does the legislative branch do?

Answer 5

Writes law
- the president must sign a bill for it to become law
- or… congress can override a president veto

Question 6

What does the executive branch do?

Answer 6

Executes or implements the laws
- laws are often assigned to federal agencies for implementation
- agencies often promulgate regulations

Question 7

What does the judicial branch do?

Answer 7

Interprets the law
- cases are brought before the courts to challenge laws ad regulations

Question 8

What are some challenges in federal law making/implementation?

Answer 8

Societal needs vs. individual rights

Turf wars - who makes, interprets and enforces the laws?

Science

Cost/benefit and Trade-offs

Question 9

Describe the challenge of societal needs vs. individual rights in lawmaking?

Answer 9

• striking the proper balance
• constitutional issue - individual rights

Question 10

Describe the challenge of turf wars in lawmaking?

Answer 10

Who makes, interprets, and enforces the laws?

• national vs. state vs. local government
• executive vs. legislative vs. judicial branches
• agencies: EPA vs. CDC vs. NIOSH vs. OMB

Question 11

Describe the challenge of science in lawmaking?

Answer 11

• the role of risk assessment
• How do we handle uncertainty?
• What research should be funded?

Question 12

Describe the challenge of cost/benefit and trade-offs in lawmaking?

Answer 12

• Is the cost “worth” the lives saved or disease cases avoided?
• How do we decide between competing interests (public health and environmental protection)?

Question 13

Describe Jacobson v. Massachusetts

Answer 13

1905

Question 14

Describe overlapping and competing mandates in federal government?

Answer 14

• among branches of federal government (exec, legis, and jud)
• among federal agencies: Who acts on behalf of environmental health? (EX: CDC v. EPA v. DOE)
• level of government (federal, state or local, international)

Question 15

Describe some differences between science and law.

Answer 15

also be wary of scientific uncertainty

Question 16

What is risk assessment in law-making?

Answer 16

the marriage of science and law

Question 17

How does one go about a cost/benefit analysis?

Answer 17