Nature Presentation

For the BCAHS Environmental law class

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State & Federal Regulation of the Environment and Mass. Environmental Regulatory Process

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Contents

Introduction

American Legal System

State and Federal Environmental law

Mass. Regulatory process

My Highschool Yearbook Photo (Yikes!)

Introduction

Me, in a nutshell:

• I graduated from here in 2006

• I went on to get a bachelors degree (BA), law degree (JD) and a Masters in Library Science (MLIS)

• I am licensed to be an attorney in Massachusetts...

• ...but as a librarian I'm mostly dealing with research and teaching people about the American legal system and how to find the law.

The American Legal System

a balance between state and federal powers

The United States Constitution is the highest law in the U.S. States often have their own constitutions, too. At both 'levels' there are three branches of government that can influence the law.

Branches of Government

Each branch deals with the law, somehow.

There are three main branches of government on state and federal levels. The federal legislature has a house and senate, and 49 states including us have that, too.

Judicial Branch - Primary responsibility is to interpret the law, and in doing so, creates "common" or judge-made law.

Legislative Branch - Primary responsibility for writing statutes, our main source of written law

Executive Branch - Primary responsibility for enforcing or 'executing' the law.

Massachusetts

Federal

Federal + State Legislature Differences

• House of Representatives: 435 members representing the 50 states in proportion to state's population.
• MA is represented by 9

• Senate: 100 senators, 2 for each state.

• Togther they write federal statutes, confirm presidential appointments, declare war, and can investigate problems.

• House of Representatives: 160 members, each represent a district of about 40,000 people.

• Senate: 40 members, each represents a district of about 159,000 people.

• Fun Fact: MA Congress has been meeting since 1713, 76 years BEFORE the federal congress!

"Delegating" Power

Federal and State Legislatures can delegate power

This is how an environmental agency is able to do it's job. Congress creates an agency by writing a statute, and allows this group to take on some of its power as a law writer. Agencies write regulations, which provide the in-depth governance needed to carry out congress's broad ideas.

Federal government powers are limited to those granted by the Constitution. No one thought much about environmental problems when it was written, so laws on a fed. level can only be done if related to particular federal powers.

So Where Does Environmental Law Fit In?

It depends which level of government is involved and what it's allowed to do.

States are generally allowed to write and interpret law pertaining to problems occuring only within thier own geographical boundaries. These areas include:Public health & safety Trade (within the state- occupational licensing, for example)

Where 'Power' Comes From in the U.S. Constitution

The Tenth Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Judicial Decisions

Judges "interpret" the law, so they can "interpret" the constitution to cover modern problems. Sometimes this is good, sometimes it's bad.

Stare Decisis

Means “to stand by things decided” - it is a principle of our legal system for judges to follow previously-decided cases.

Article 4 , Section 3, Clause 2 of the Constitution Gives congress the power to dispose of and make rules for the territory of the United States.

Article 1, Section 8, Clause 1 of the Constitution Gives the federal government the power to write laws to collect taxes and spend money.

Article 2, Section 2, of the Constitution Gives Federal government the exclusive authority to enter into treaties with foreign countries.

The use of public lands

Treaties with other nations

Taxation and spending

The Federal Powers Traditionally used to Justify Federal Environmental Protection Laws

Interstate commerce

Article 1, Section 8, Clause 3 of the Constitution Gives the federal government the power to write laws related to business operations and commerce between different states.

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Environmental Regulation Requires Teamwork.

The environment doesn't care about man-made boundaries

Environmental problems rarely stick to one state, and the federal government is limited, so they often work together. Agencies at both levels write regulations and enforce what they can. Federal law may also provide funding to state environmental projects.

• Justified because protects species and habitats in Massachusetts-states can usually handle matters within their borders.
• Implemented by Division of Fisheries and Wildlife
• State protections can be more easily applied to ecosystem protection and often provide stronger protection to wildlife than the federal ESA can.
• Federal government can also provide funding for state projects.

Example: The Endangered Species Act

Federal Endangered Species Act16 U.S.C. 1531-1544

• Generally Justified under the Commerce Clause and Treaty Clause

• Implemented by the U.S. Fish & Wildlife Service and National Marine Fisheries Service
• Requires federal agencies to ensure that actions they carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species.
• Also prohibits "taking" of listed species and the import,export,interstate, and foreign commerce of species.

Massachusetts Endangered Species ACtM.G.L. Ch. 131A

Environmental Agencies

Most of the details needed to protect the environment come from agencies.

• An agency is a governmental body that is created by law to implement important pieces of legislation by finding experts to write rules, enforce the law, and measure success.
• The federal government's "big one" is the Environmental Protection Agency but there are others, too.
• Massachusetts has the Department of Environmental Protection.

Example of How An Agency Works with the Law

The Massachusetts legislature decided it wants to reduce the amount of microplastics in Massachusetts ponds, so it wrote a statute: In order to reduce the amount of microplastics in Massachusetts ponds, the Massachusetts Microplastics Commission shall be formed under the Massachusetts Department of Environmental Protection to carry out water testing and cleaning programs.

Massachusetts Microplastics Commission is formed to develop a program and related regulations which account for the scientific knowledge needed to make decisions in that area. They might write a regulation like this:

(1) The Massachusetts Microplastics Commission will test each lake or pond in Massachusetts for microplastics levels on a quarterly basis. (2) A cleanup analysis shall take place no later than 3 months after testing if the results meet the following criteria: a. Microplastic levels meet or exceed 4.65 micrograms per milliliter of water for ponds and lakes which are abutted by 10 or fewer private residences b. Microplastic levels fall between 2 and 4.65 micrograms per milliliter for ponds which abut 11 or more private residences.

Let's meet back up after the break for a couple of activities!

Activity 1: Is it Constitutional? See Handout! We're looking at H.R.873 - Water Quality and Environmental Innovation Act A bill that was proposed in 2023

Activity 2: Participating in Government (Next Page)

Mass. Dept. of Environmental Protection

Mass. Env. Policy Act Office

How Can I Be Heard?

Write to your federal representatives:https://www.congress.gov/members/find-your-member

Write to your state politicians:https://malegislature.gov/StateHouse/Contact

You can also submit comments about proposed regulations and programs to the Mass. Environmental Policy Act Office and Mass. Department of Environmental Protection:

How Can I Be Heard? (pt 2)

Not sure how to write to a politician? Click here for a guide from the ACLU! Here are some important things to remember:

• Keep it short
• One page or less should be all it takes.
• Politicians and their staff read thousands of these, so a short one will be read carefully.
• Say who you are and what you want at the beginning
• Mention the bill or project you are talking about by name
• Let them know you are a constiuent and why this matter is important to you.
• Be courteous
• Even if you're writing to a politician you don't like, your message will be better received if you say it respectfully.

Thank you!

A great title

Although you should not abuse the bulletpoints, icons and diagrams can be great allies when presenting. You will keep your class's attention and the information will be ingrained in their brains.