ES 232

 

 

Rebecca P. Judge, Ph.D.

Holland Hall 409

http://www.stolaf.edu/people/judge

 

Name:______________________________

(please print)                                                            .

 

Midterm Examination I

 

October 17, 2002

 

 

Instructions:  Please answer all the questions on the paper provided. If appropriate, sign the pledge below.

 

 

 

 

 

 

1. The following is from an essay by Clay Landry, research associate at the Political Economy Research Center, Bozeman, MT.  It is found on the web at http://www.cyberlearn.com/landry.htm

 

“It is true,” writes Landry, “That all too often Oregon’s streams and rivers lack water needed to support fish.  But bringing those water levels up to protect fish does not have to involve forcing farmers to reduce their water usage or infringe on their legal rights.”

 

“Instead, in a major trend that is occurring throughout the West, environmental groups are buying water and keeping it in the stream.  The idea, ‘water markets to increase instream flows’ is catching on in Oregon....Water markets are based on willing buyers and willing sellers, and they do not rely on regulations.”

 

1. What determines one’s “legal rights” to water in most western states?  What is this system of water rights called?  How does it differ from the water rights of individuals in most eastern states?

 

2. How might seniority in water rights defeat the potential benefits of the system described by Landry?

 

 

3. Landry’s proposal represents a clear application of the Coase theorem.  Describe and critique the Coase theorem in light of how well it might be able to work in this case to achieve social goals.  Consider in your essay the values generated by salmon preservation.

2. Genetically modified organisms (GMOs) have gradually infiltrated the world’s food supply, to the relief of some of us and to the frustration of others of us.  We seem divided over fears of the long-term consequences of GMOs on natural ecosystems and human health.

 

In response to criticism that GMOs have been introduced into our fields and our stomachs without adequate information concerning their long-term effects, GMO supporters argue that no study has been able to prove that GMOs are not safe.

 

GMOs have been given the presumption of safety in scientific trials.  That is, the null hypothesis that has been used in GMO testing is that “GMOs are safe (to human health, ecosystems, etc.).”

 

1. Describe the Type I and Type II errors associated with this null hypothesis.

 

2. Will this choice of a null hypothesis privilege human and ecological health, or GMO use?  That is, is this the hypothesis we should choose if we value human and ecological health over increased crop yields?  Explain.

3. While the Clean Air Act (CAA) idealistically requires that the EPA set air quality standards such that there is “an adequate margin of safety to protect the public from any known or anticipated adverse effects” of pollution, the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and the Toxic Substances Control Act (ToSCA) require that toxic chemicals should not present an “unreasonable risk” to society.

 

1. To what extent has the mandate of the CAA impeded EPA’s progress in air quality protection?  Your answer should include a discussion of threshold models, criteria pollutants, and hazardous air pollutants.

 

2. How has the EPA interpreted the prohibition against unreasonable risk in ToSCA and FIFRA?  That is, what criteria are applied to determine if the risk posed by a toxin is reasonable or not?

 

 

3. How might decreased demand for agricultural pesticides and herbicides (caused by either increased use of GMOs or decreased farm income) lead to a finding by the EPA that a previously licenced toxin now presents an “unreasonable risk.”

4. Distinguish between statutory, administrative and common law.

 

1. Which source of law governs water rights in most Eastern states?

 

2. Which source of law mandates the protection of endangered species in the United States?

 

3. Which source of law dictates the review process through which a species is considered for inclusion on the endangered species list?

 

4. Offer an informed argument as to why the US has moved from protecting the environment under common law to an increased reliance on statutory law for environmental protection.  Then offer an argument (also informed, please) as to why some people (like St. Olaf guest, P.J. O’Rourke) believe that we would be better off returning to common law for environmental protection.  An informed argument uses examples from class lecture and/or reading to make its points.