Page 194 - Environment: The Science Behind the Stories

and evaluating research, monitoring environmental quality,
setting and enforcing standards for pollution levels, assisting
the states in meeting the standards, and educating the public.

FaQ Isn’t the EPA an advocate for the
environment?
Like all administrative agencies, the EPA is part of the execu-
tive branch and operates in line with the policies of the presi-
dential administration in power at the time. As such, the
EPA under one president may function very differently from
the EPA under another one. Indeed, sometimes the agency
may impede environmental regulations! The EPA employs
many dedicated scientists who carry out careful research and
Figure 7.9 Ohio’s Cuyahoga River was so polluted with oil make scientifically informed policy recommendations. They
and waste that the river caught fire multiple times in the advise administrators appointed by the president, however,
1950s and 1960s and would burn for days at a time.
and policy decisions are ultimately made by these politically
appointed administrators.
The EIS process forces government agencies and busi-
nesses that contract with them to evaluate environmental
impacts before proceeding with a new dam, highway, or
building project. The EIS process uses a cost-benefit approach Other prominent laws followed
(p. 164) and generally does not halt development projects. Ongoing public demand for a cleaner environment during this
However, it does provide incentives to lessen environmental period resulted in a number of major laws that remain funda-
damage. NEPA also grants ordinary citizens input in the pol- mental to U.S. environmental policy (Figure 7.10). These laws
icy process by requiring that environmental impact statements helped to clean up air and water, protect rare and endangered
be made publicly available and that public comment on them species, and control hazardous waste and toxic substances.
be solicited and considered.
State governments have adopted EIS processes as
well, and examining New York’s experience with regard to Key Environmental Protection Laws, 1963–1980
hydraulic fracturing provides an example of how the process
works. In 1992 New York developed a Generic EIS that set 1963 Clean Air Act
parameters for permitting oil and gas wells in general. In
2009 a Draft Supplemental Generic EIS (SGEIS) for hydro- 1964 Wilderness Act
fracking in particular was prepared and released for public 1965 Federal Water Pollution Control Act,
review. The public submitted over 13,000 comments. In 2010 Solid Waste Disposal Act
Governor David Paterson ordered the Department of Envi- 1966
ronmental Conservation (DEC) to conduct further review, 1967
and in 2011 the DEC released a Revised Draft SGEIS. 1968 Wild and Scenic Rivers Act
This time, a record-setting 66,000 public comments were
received. After reviewing these comments, the Final SGEIS 1969 CHAPTER 7 • Envi R onm E n TA l Poli C y : mA king D EC i si ons A n D s olving P R obl E m s
will be prepared, which will lay out parameters for how the 1970 National Environmental Policy Act
Department should review individual hydrofracking actions.
The DEC would then assess proposed hydrofracking actions 1971 Marine Mammal Protection Act,
one-by-one with EIS processes, and would issue permits for 1972 Federal Pesticide Act
those that meet the terms of the GEIS and the SGEIS.
1973 Endangered Species Act
Creation of the EPA marked a shift 1974 Safe Drinking Water Act
in environmental policy 1975 Resources Conservation and Recovery Act,
1976 Toxic Substances Control Act
Six months after signing NEPA into law, Nixon issued an
executive order calling for a new integrated approach to 1977 Clean Water Act,
environmental policy. “The Government’s environmentally 1978 Soil and Water Conservation Act
related activities have grown up piecemeal over the years,” the 1979
order stated. “The time has come to organize them rationally
and systematically.” Nixon’s order moved elements of agen- 1980 CERCLA (“Superfund”)
cies regulating water quality, air pollution, solid waste, and
other issues into the newly created Environmental Protection Figure 7.10 Most major U.S. environmental laws were
agency (EPa). The order charged the EPA with conducting enacted in the 1960s and 1970s. 193

M07_WITH7428_05_SE_C07.indd 193 12/12/14 2:57 PM