Test 2 - Capture to Green Taxes Flashcards
What is meant by “Capture”
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
This agency is responsible for seeking an optimal balance b/w economic growth and the preservation of natural resources
Department of Interior
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
Bureau of Land Management
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
US Fish and Wildlife Service
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
National Park Service (NPS)
The same action can be both a ____ and a _____
Tort; crime
Proof beyond a reasonable doubt is __% in tort cases and __% in criminal cases
51%; 95%
Why is tort NOT effective for environmental cases?
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
What are two types of torts?
Intentional and unintentional
Negligence is a/an ___________ tort.
Unintentional
Trespassing is a/an _________ tort
intentional
Nuissance is a/an ____________ tort.
Intentional
What is the definition of a nuisance
disruption of a person’s ability to enjoy their property
What are the two types of nuisance?
Private & Public
What are two remedies to a nuisance?
Injunction (cease) and damages
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.
Anticipatory Nuisance
What is meant by “pollution as an externality”?
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
Explain Boomer v. Atlantic Cement Company and why the outcome occurred
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.
What is a balancing test?
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
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?
Subsidies; when the polluter knows that eventually it is going to be forced to clean up the problem
This is the term for when the government charges a per-unit fee for pollution; what are the issues with this?
Emission Charges; very difficult to monitor emissions & also difficult to know how to set the fee
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
Marketable Emissions Permits
__________ go to funding env. programs; what city/state was the first to issue these (what type?) and what was the result?
Green Taxes; Boulder, CO issued Carbon Tax; emissions are now as low as 90’s levels.
