Test 2 - Capture to Green Taxes

Question 1

What is meant by “Capture”

Answer 1

The industry runs the agency; an agency will make rules and policies that benefit the most profitable supporter/company and not the consumers/anyone else

Question 2

This agency is responsible for seeking an optimal balance b/w economic growth and the preservation of natural resources

Answer 2

Department of Interior

Question 3

This agency is responsible for management of about 270 million acres of public land, which much of it designated for recreational use and some for wilderness conservation

Answer 3

Bureau of Land Management

Question 4

This agency is responsible for safe-guarding and improving wildlife and wildlife habitats in the National Wildlife Refuge System, and for protecting migratory and game birds, fish, and endangered and threatened species

Answer 4

US Fish and Wildlife Service

Question 5

This agency administers programs that conserve scenery, natural and historic objects, and wildlife in the national parks, and is also responsible for the mgmt of 80 million acres of land

Answer 5

National Park Service (NPS)

Question 6

The same action can be both a ____ and a _____

Answer 6

Tort; crime

Question 7

Proof beyond a reasonable doubt is __% in tort cases and __% in criminal cases

Answer 7

51%; 95%

Question 8

Why is tort NOT effective for environmental cases?

Answer 8

It is REACTIVE, not proactive (doesn’t come into effect until there is a problem - ideally, law would PREVENT problem; not effective against big corporations

Question 9

What are two types of torts?

Answer 9

Intentional and unintentional

Question 10

Negligence is a/an ___________ tort.

Answer 10

Unintentional

Question 11

Trespassing is a/an _________ tort

Answer 11

intentional

Question 12

Nuissance is a/an ____________ tort.

Answer 12

Intentional

Question 13

What is the definition of a nuisance

Answer 13

disruption of a person’s ability to enjoy their property

Question 14

What are the two types of nuisance?

Answer 14

Private & Public

Question 15

What are two remedies to a nuisance?

Answer 15

Injunction (cease) and damages

Question 16

What type of nuisance is this?: Neighbor decides to allow hydrofracking drilling on his property but it is perceived that it will decrease YOUR property value or inhibit your enjoyment.

Answer 16

Anticipatory Nuisance

Question 17

What is meant by “pollution as an externality”?

Answer 17

Occurs when a product or decision costs the society more than its private cost. It is generally viewed as a failure of the market because the level of consumption or production of the product is higher than what the society requires

Question 18

Explain Boomer v. Atlantic Cement Company and why the outcome occurred

Answer 18

Atlantic Cement Company (Albany, NY) was brought to court b/c they were being sued by neighboring landowners due to alleged injury to property from dirt, smoke, and vibrations emanating from the plant. They sought an injunction but it was denied and only $185,000 was awarded to compensate.

Financial consequences of a permanent injunction would have been too extreme since there were $45m and 300 jobs at stake. It would have been too much of a financial strain on employees and NYS.

Question 19

What is a balancing test?

Answer 19

any judicial test in which the jurists weigh the importance of multiple factors in a legal case. Proponents of such tests argue that they allow a deeper consideration of complex issues than a bright line rule can allow

Question 20

This is the term for when the government pays, either directly by grants or indirectly by tax credit, to encourage pollution control. + When are they most effective?

Answer 20

Subsidies; when the polluter knows that eventually it is going to be forced to clean up the problem

Question 21

This is the term for when the government charges a per-unit fee for pollution; what are the issues with this?

Answer 21

Emission Charges; very difficult to monitor emissions & also difficult to know how to set the fee

Question 22

This is the term for when the government issues the ability for companies to emit certain amounts of pollutants, which can be traded or sold among companies

Answer 22

Marketable Emissions Permits

Question 23

__________ go to funding env. programs; what city/state was the first to issue these (what type?) and what was the result?

Answer 23

Green Taxes; Boulder, CO issued Carbon Tax; emissions are now as low as 90’s levels.