Environmental Law & Policy Exam 1 Fall 2020
Please answer each of the following questions thoroughly. A minimum word limit has been specified for each question but this is a minimum only, please use as many words as necessary to completely answer the questions. You can add your answers directly to this Word document, place your name on the top, and submit it in Blackboard by the end of the week (see schedule for due date).
The only resource you may use is your textbook and you must cite the page numbers (e.g., Salzman and Thompson, pg. 46) in your answers when you have included information from the book.
Be careful not to plagiarize and do not use quotes except in rare circumstances; paraphrase the material instead.
NOTE: You should write 1 essay for each chapter and it should address all aspects of the discussion question in a well-organized, cohesive essay that draws from information provided in the textbook. In other words, do not just repeat each section of the question then write an answer to it.
Chapter 1: (minimum 1000 words)
Discuss the popular conception of wilderness and how it has evolved throughout American history. Begin from the threatening untamed force as discussed in your textbook, continuing on through its conception as an abundant economic resource, to an inspiring resource, to a basic part of our American identity. Discuss all of these in detail.
Then, describe the popular conception of wilderness today. How is it reflected in popular images and marketing? How is the current conception impacting our current environmental issues and policies?
Chapter 2: (minimum 800 words)
How would you resolve the following question using 3 of the analytical frameworks set out in Chapter 2 (environmental rights, utilitarianism, and environmental justice)? How would you personally go about resolving the question?
U.S. law prohibits the use of the pesticide, Dimethyl Terrible. This is an inexpensive chemical that is very effective at protecting crops but has been linked to increased incidence of birth defects and cancer among field workers and even people living in the vicinity of the farms. Should companies be allowed to produce this pesticide in America and sell it overseas to poorer countries where the pesticides use is legal? Should it depend on whether the pesticide leaves residues on fruits and vegetables that are then exported back to the U.S. (sometimes known as the circle of poison)?
Chapter 3: (minimum 800 words)
Should the government provide compensation to the property owners in the following hypothetical situation as a matter of policy? Are the property owners entitled to compensation under the U.S. Supreme Courts case law?
Over the past 25 years, new residential developments in Suburbia have destroyed 99% of the historic habitat of the 8-toed horned-headed lizard. As a result, the lizard population has dropped from an estimated 100,000 lizards in 1980 to just 57 today, and the government has just listed the lizard as endangered under the Endangered Species Act. Roberta Stilts owns the last 10 acres of lizard habitat. Stilts would like to develop her property just like all of her neighbors have previously developed their land, but the government has told her that it will not permit her to develop the land (although they will permit her to construct a small single-family residence on 14 acre of the property that is not prime habitat).
Chapter 4: (minimum 800 words)
What role should environmental groups and private individuals play in enforcing environmental laws? If the government uses its prosecutorial discretion not to seek an injunction or penalty against a company that has violated the Clean Water Act, should an environmental group be able to sue? Why might this lead to inefficient environmental policy?
The book can be found online and I will pay for its access if unable to access through my schools online library