Environmental policy came from the side of the angels

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Lynton Caldwell, NEPA and the birth of Environmental Impact Assessment

By Peter Burnett

When did the age of modern environmental policy begin? Some claim it kicked off with the publication of Our Common Future (also known as the Brundtland Report) in 1987. This landmark document defined the notion of ‘sustainable development’ and stressed the need for integrating economic, social and environmental approaches. Others suggest 1972 is more appropriate as it was the year of the Stockholm Conference and the establishment of Environment departments in many countries around the world.

But I’m going to suggest to you that 1969 and drafting of the US National Environmental Policy Act (NEPA) is really when environmental policy began, and it owes much to a visionary political scientist named Professor Lynton Caldwell. And it’s not just that Caldwell was astute enough to understand what effective environmental policy needed, he was also canny enough to know when to make his pitch.

NEPA is famous for introducing the world to the concept of environmental impact assessment (EIA), a mechanism now used in almost every country. But NEPA stands for so much more.

Interdisciplinarity

Its antecedents lie in Caldwell’s earlier work. In 1963 he published an article entitled ‘Environment: A New Focus for Public Policy?’ 1963! That’s only a year after Rachel Carson published Silent Spring, the book often regarded as having launched the modern environment movement.

In his article, Caldwell argues for, and thus invents, ‘environmental policy’. He calls for, among other things, an interdisciplinary approach to this new creature. Caldwell was a Professor of Government at Indiana University and he practised what he preached. He embarked on a course of interdisciplinary training and started hanging around with ecologists. (In 1963, ecology was still a relatively small discipline.) These days, interdisciplinarity is a much lauded goal (if little practiced) but back then it was a very brave undertaking.

In 1964 Caldwell began to operationalise his ideas by presenting them to a workshop for economic planners. Brave again. Not surprisingly, most of them were, as Caldwell later reminisced, ‘baffled’ by his argument and most of them rejected it as irrelevant. That’s except for one now world famous economist, Abraham Maslow (of ‘Maslow’s hierarchy of needs’ fame). Maslow understood what Caldwell was advocating. He later offered Caldwell constructive suggestions, declaring Caldwell to be ‘on the side of the angels’.

The time was ripe

By the late 1960s a wave of environmental concern was sweeping the Western World, particularly in America. Some major environmental disasters contributed to this. In 1969 and in America alone, the Santa Barbara oil spill despoiled the California coastline while on the other side of the country the Cuyahoga River was so polluted it actually caught fire.

Various members of Congress responded by proposing environmental laws. Public opinion was galvanised.

Against this backdrop, one of the leading proponents of reform in Congress, Senator Henry ‘Scoop’ Jackson, hired Caldwell to help with Jackson’s environmental Bill. Initially, Caldwell wrote a report for a Congressional committee on what a national environmental policy might be.

He later wrote that he anticipated the need for ‘action forcing provisions such as impact statements’ to support a national policy statement. But Caldwell held back as he suspected Senator Jackson ‘did not appear ready to endorse so novel and intrusive a proposition’.

Later, however, in appearing before the committee, Caldwell was able to make his arguments for his action forcing provisions and they were then included in the compromise bill. That bill became the NEPA. Caldwell had bided his time and ‘threw his pebble’ (to borrow a term from one of our earlier blogs) when he perceived it would have maximum impact.

A remarkable piece of legislation

NEPA itself is a remarkable piece of legislation. Its statement of environmental policy goals is visionary. It talks about the need for a global approach three years before the world first met to talk about a global approach, at the UN Conference on the Human Environment held at Stockholm in 1972.

The legislation talks about each generation being trustees of the environment for future generations and sharing life’s amenities – this was 18 years before the Brundtland Report proposed the concepts of sustainable development and intergenerational equity.

It refers to maintaining the diversity if life just 12 months after Dasmann first wrote of biological diversity and 20 years before Lovejoy coined the term ‘biodiversity’.

And NEPA required the preparation of state of the environment reports (as ‘environmental quality reports’), 10 years before the OECD produced one and called on its members to do likewise. NEPA sought to drive policy integration 10 years before the OECD began to promote the same concept.

Ahead of its time?

Unfortunately most of the enormous potential of NEPA was not realised. True, it brought environmental impact assessment, EIA, to the world. But Caldwell, Jackson and the others behind NEPA had a much bigger vision than EIA.

If NEPA had been applied as an ordinary reading of its words would suggest, all US government agencies would have brought their decisions in line with a long-term policy vision directed to avoiding environmental degradation, and these decisions would have been supported by comprehensive information and research facilitated by a new institution, the Council of Environmental Quality. These things did not happen because government agencies were antagonistic and the US Supreme Court read the law down to a set of procedural requirements.

Caldwell’s vision and achievements, which would have been much greater if others had not been working against them, are not widely known. And to top it off, he was a registered Republican voter, working for a Democrat: if only environment was the bipartisan issue today that it was then.

Image: Lynton Caldwell enjoying the great outdoors. Indiana University Archives

The FDR Gambit

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Making a difference (through environmental policy) without rocking the boat

By Peter Burnett

Our environment is in serious decline and our policy response is seriously inadequate. We need to act but, short of a serious crisis, it’s difficult to see what might cause our leaders to take action proportionate to the problem. The major parties are reluctant to move ahead of public opinion and even if there were a crisis and public opinion shifted quickly, would we be prepared to respond?

The efforts of US President Franklin D Roosevelt (FDR) to prepare his country for World War II, a ‘foreign’ or ‘European’ war of which most Americans wanted no part (before Pearl Harbour), suggest there is much that governments could do, even when determined not to rock the political boat.

One researcher, Andrew Macintosh, has noted that governments seem to be willing to deal with certain environmental problems (such as pollution or over-consumption of natural resources), but not others (such as climate change or biodiversity conservation). As a result, Macintosh has proposed some useful rules of thumb about the political limitations on what governments will or won’t tackle in our current policy climate.

First up, most governments only adopt environmental policy that offers some clear short term benefits, such as better health and amenity from reduced air pollution, or keeping a fishery going. These short-term benefits make it politically worthwhile to accept some limited costs.

Beyond these cases, Macintosh argues that governments are only prepared to take real action on environmental problems within boundaries defined by three rules of thumb: avoid significant budgetary costs, avoid significant impacts on economic growth and avoid significant conflict with vested interests.

The policy straight-jacket

That’s a useful heuristic to keep in mind for anyone proposing policy action on the environment.

First, does the policy have a significant impact on the budget? Increasing the environment budget to any noticeable degree will either require savings, and the attendant political pain, in other budget areas, or increasing the size of the budget overall, which will often be seen as putting a drag on the economy.

Second, does the policy slow economic growth? Economic growth has been the mantra of all western governments pretty much since the end of the World War II, when they first pursued growth as a way of giving everyone a job as the world returned to peace. This will often rule out measures such as environmental taxes and pricing (even though economic theory shows that proper environmental pricing will grow the economic pie in the long run, by reducing ‘spillovers’ from the economy onto the environment).

And third, does the policy cause significant conflict with vested interests? If it does, those interests may change their votes or influence others to do so. The 2010 campaign by the mining industry against the proposed mining tax in Australia is an example par excellence of how effective some interests can be when they feel threatened.

Presidential nous

Despite the policy straight-jacket these rules create, I’d like to argue that there is still some scope for significant policy action, without courting defeat at the next election. FDR took some very effective policy action as World War II loomed over his country, despite very strong isolationist sentiment among the public.

FDR acknowledged this sentiment by making and maintaining a pledge that ‘your boys are not going to be sent into any foreign wars.’ At the same time, he managed to provide considerable support to America’s soon-to-be allies, while also preparing America itself for war. He worked with the British to plan for war. He persuaded the Congress to pass a law that enabled America to become the ‘arsenal of democracy’, on the argument that giving him the discretion to make foreign military sales would help to keep the US out of the war! He also moved to expand and re-equip America’s own armed forces.

Admittedly FDR’s strategy involved some secrecy and deception, something I am not advocating here. Yet his efforts show just how much can be achieved within major policy constraints.

Getting on with the job

Taking a lesson from FDR, a government determined to address environmental degradation as far as possible might, without breaking Macintosh’s rules of thumb:

  • Engage in ongoing social dialogue to build broad support for stronger action. The Climate Commission, created under the Gillard Government’s 2011 Clean Energy Future package, to provide authoritative information to the community on climate change, including at ‘town hall’ style meetings, provides an example of how this might be done.
  • Review existing policy comprehensively, redirecting resources as necessary. This exercise might involve two stages. The first would be to adopt an overarching goal for environmental policy, eg to maintain ecological function. The second would be to redirect existing environment spending to the programs most likely to advance that goal. For example, this might result in resources being redirected into research on ecosystem restoration.
  • Establish a comprehensive and coherent environmental information policy optimised to support policy-relevant decision-making, for example by establishing environmental accounts based on the UN System of Environmental-Economic Accounting (SEEA), prioritising the population of accounts for key ecological functions and processes.
  • Increase environmental diplomacy, to promote international agreement and build capacity for quick action when attitudes change.
  • Establish or reform institutions such as an Environmental Protection Agency, to enhance expertise, transparency, continuity and accountability in environmental decision-making.
  • Renegotiate federal–state cooperation under a new Intergovernmental Agreement on the Environment to improve the efficiency of overlapping responsibilities.
  • Negotiate reforms with business to exchange improved efficiency for improved environmental outcomes – for example, business might accept a stricter environmental offsets policy in return for decisions that are quicker and more predicable.

Let’s get on with it

While such measures might seem incremental, their combined effect could be considerable, as present policies often lack clear goal clarity and consistency. If a government thought such an approach a little too mild, it could always take a further leaf from FDR’s book and push the boundaries a little further!

Hopefully, it won’t take a Pearl Harbour moment (an environmental disaster) because, with better environmental information and communication, public opinion will change as evidence mounts that the risks arising from environment degradation are ever-increasing.

But, either way, we can still do a lot better in the meantime without rocking the political boat.

Environmental sustainability: a thoroughly Conservative notion

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In the face of a worsening global crisis, can’t we find some common ground?

By Peter Burnett

‘The Environment’ has been a major public concern for more than fifty years now. Surveys consistently place the environment among the issues of greatest social concern, while numerous scientific reports continue to document a general and ongoing environmental decline. What’s more, the effects of environmental decline are becoming increasingly obvious, not only through intense heat, drought and cyclones, but also as previously unknown phenomena such as multiple coral bleaching events and arctic wildfires.

With all this concern and things getting worse, you’d expect action, but paradoxically, having gained considerable momentum in earlier years, environmental policy seems to be moving more slowly as the problem worsens, like an icebreaker that slows and eventually becomes stuck as it moves further into the pack ice. Even the Paris climate agreement of 2015, which looked at the time like a significant breakthrough into more navigable policy waters, now looks to have been no more than a patch of thinner ice. Optimists can retain some hope because of growing indications that renewable energy technologies might mitigate climate change, despite policy efforts. Yet technology is much less likely to solve other dimensions of environmental decline, especially biodiversity loss. We still need good policy.

The greatest obstacle to progress on policy is the polarisation of political views on the environment. In modern discourse, we have become so used to associating environmental concern with the political Left that we’ve lost sight of the fact that caring for the environment, especially when seen through a sustainability lens, is actually a fundamentally conservative idea. Perhaps navigable policy waters can be found in the roots of environmental concern, among older notions of what we would now describe as environmental sustainability.

Good husbandry

Concerns about human impacts on the environment go back to antiquity. Some 2,500 years ago, Plato compared the denuded hills of Attica to bleached skeletons, while just over 2,000 years ago the Roman writer Columella lamented the depletion of agricultural land on the Italian peninsula.

Searching for a solution, he argued the need to maintain the ‘everlasting youth’ of the Earth through good husbandry. This is as clear a definition of sustainability as any you’ll find today.

In the early modern era, the roots of sustainability can be traced to the great Enlightenment philosopher John Locke and his theories of private property. Locke argued that by investing their labour in harvesting goods from nature, individuals gained the right to regard them as private property. But he attached a proviso to this. The right to convert natural goods into private property would apply only where there was enough left in common for others, in good condition. This provides another good framing for sustainability.

In usufruct to the living

In the eighteenth century, the French Revolution prompted Thomas Jefferson to reflect on the rights of the present generation to bind those coming after, leading him to argue that ‘the earth belongs in usufruct to the living’. This was a reference to the Roman civil law concept of ususfructus, which was the right to use the land and take produce, without impairing its capacity to produce. (This is not old hat. Margaret Thatcher made much the same argument in her famous statement to the 1998 British Conservative Party conference that no generation has a ‘freehold’ on the earth: ‘All we have is a life tenancy—with a full repairing lease. This Government intends to meet the terms of that lease in full.’ )

Early sustainability concerns were not just philosophical reflections. Wood shortages affected a number of European countries in the early modern era. In 18th century this prompted discussion in German forestry circles on how to use natural resources in the interests of present and future generations, leading Von Carlowitz to propose a principle of nachhaltende Nutzung (sustainable use). This implied the need to keep the harvesting of trees within rates of regrowth.

Two centuries later, in 1908, US President Theodore Roosevelt, riding the Progressive Era tide of public interest in conservation, established a National Conservation Commission, which then made the first survey of the natural resources of the United States. Even into the early years of the ‘Great Acceleration’ of economic growth after World War II, the economist Ciriacy-Wantrup was arguing that we shouldn’t run nature down because the cost of restoring it would be unacceptably high.

Society is a contract…

None of these arguments is even slightly suggestive of what might be described today as a ‘Green Left agenda’. In fact, you could argue that conservatives were all over this issue more than a century ago. What is common to the arguments is an express or implied concern for the future, especially a social obligation to future generations. This is entirely consistent with the argument of another conservative, British philosopher and MP Edmund Burke, that ‘Society is a contract… between those who are dead, those who are living, and those who are to be born’. This concern is also the essence of ‘intergenerational equity’, the principle underlying the modern ideal of environmental sustainability.

With broad support for environmental causes on the Left, and with the strong conservative pedigree of sustainability, why isn’t there bipartisan support for policies to keep the environment in good condition for future generations?