Environmental Law and You

Estimated Time: 30-45 minutes, homework assignment

Grade Level: Secondary, but adaptable for other levels

Overview: This assignment serves as a review of important environmental laws and their impact not only on society as a whole, but in the everyday lives of students. The point of the exercise is to have students articulate, as though they are responding to letters to a newspaper column, “Environmental Law and You,” how certain laws are relevant to them, their community, and society at large. This could be a written exercise or classroom discussion.

This teaches students to:

·  Analyze the historical significance of events; and how historical events impact present circumstances;

·  Appreciate the significance of history in their own lives;

·  Appreciate and articulate the importance of the Rule of Law for protecting the environment.[1]

Standards: Students will develop the following Historical Thinking Skills:[2]

·  Chronological Thinking

·  Historical Comprehension

·  Historical analysis and interpretation

·  Historical Issues-Analysis and Decision-Making

Materials

·  Environmental Law and You handout, copy for students as needed

·  Appropriate Responses Guide for reference

Activities

·  Use the handout as a discussion starter, or as writing prompts for quizzes, homework, or review assignments.

·  Pose the scenarios in the letters as questions for review with your students, after covering important environmental laws and concepts, or engaging students in suggested activities—see Insights v. 8 n. 3, “Law and the Environment” and supplemental online materials www.insightsmagazine.org for more information.

Debrief

·  Ask students if they found it difficult to respond to any of the letters. Discuss why.

·  Discuss the practical, relevant connections between government and laws and everyday life.

Involve a Legal Professional

·  Ask a local attorney or judge to talk with your students about legal standing, and their experiences with environmental law. For assistance, contact your local or state bar association for a possible referral.

·  Invite a local police officer or city official to talk with your students about the environmental law regulations in your community.

·  Contact your local EPA office to see if an official might be able to talk with your students about environmental issues in your community.


The Times

Environmental Law and You

Law and the Environment © 2008

Insights on Law & Society vol. 8, no. 3

www.insightsmagazine.org

Environmental Law and You

Dear Environmental Law and You,

I just got a Theodore Roosevelt action figure for my 8th birthday last week. My mom said that he was President of the United States. My dad said he protected the environment. What did he do? I know he visited Yellowstone Park. Mom and Dad and I went there last summer! What else? Dad said he did so much for the environment that we still see the effects today. Wow! Did he do anything for the environment while he was President? And where can I see it today?

I wish I could have met Mr. Roosevelt,

John

Denver, CO

Dear Environmental Law and You,

I have been reading your column for months now. You teach me so much! I finally have a question of my own: How do I know that the water coming out of my kitchen faucet is safe to drink? I’ve always enjoyed bottled water, but I am trying to be more ‘green’ by refilling my own water bottles. I want to help the planet, but not at my own expense. Please help!

Sue

New York, NY

Hey Environmental Law and You,

I hate how the surf punks in my neighborhood litter the beach with their cans, bottles, fast food wrappers, and other garbage. I want to sue them. Don’t they know that pollution harms the environment? Sure, it’s not my beach, and their littering isn’t my problem, but the truth is, it’s everyone’s problem. I intend to haul them into court and teach them a lesson they won’t ever forget. Where can I find a lawyer that will take my case? I tried calling a few numbers from the yellow pages, but no one wanted to take this on. Please tell me where I can find a tough, smart attorney who will fight these punk kids with me!

Ready to rumble,

Bruce

Los Angeles, CA


Dear Newspaper,

I like to go fishing in the lake with my grandpa. He told me it is part of the Great Lakes. I like the Great Lakes, then. My cousin lives in Georgia, and she told me on the phone last week that they are running out of water. I am scared that if her state runs out of water they will steal it from the Great Lakes and I won’t be able to go fishing with my grandpa anymore. Daddy told me not to worry, but I still do. Can you help me?

Hugging my teddy,

Kristin

Chicago, IL

Dear Editor,

It has come to my attention that certain rare species of elephants are dying. They are being killed by poachers for their beautiful ivory tusks. They are dying faster than they’re reproducing, and eventually, they will be all gone—extinct. Something must be done about this travesty! Aren’t there any laws in place to protect animals from greedy poachers and the doom of extinction? I do hope you have some ideas. We must save the elephants! I wonder how those poachers would like the elephants hunting them!

Marvin

Kansas City, MO

Yo, yo, Environmental Law and You,

Could you explain to me what the Clean Air Act is? What is it good for? I’m confused.

Peace Out,

Juan

San Antonio, TX

Law and the Environment © 2008

Insights on Law & Society vol. 8, no. 3

www.insightsmagazine.org

Environmental Law and You

Appropriate Response Guide

The Times

Environmental Law and You

Law and the Environment © 2008

Insights on Law & Society vol. 8, no. 3

www.insightsmagazine.org

Environmental Law and You

Dear Environmental Law and You,

I just got a Theodore Roosevelt action figure for my 8th birthday last week. My mom said that he was President of the United States. My dad said he protected the environment. What did he do? I know he visited Yellowstone Park. Mom and Dad and I went there last summer! What else? Dad said he did so much for the environment that we still see the effects today. Wow! Did he do anything for the environment while he was President? And where can I see it today?

I wish I could have met Mr. Roosevelt,

John

Denver, CO

Response Reference:

Between 1903-1909, President Theodore Roosevelt created 150 National Forests, 52 Bird Reservations, including the first national wildlife preserve, Pelican Island National Wildlife Refuge (1903), 4 National Game Preserves, 5 National Parks, 18 National Monuments, 24 Reclamation projects (land irrigation projects), and sponsored 7 Conservation Commissions and Conferences. The area of the United States placed under public protection during Roosevelt’s presidency totaled approximately 230,000,000 acres. President Roosevelt also signed the "Act for the Preservation of American Antiquities," also known as the Antiquities Act or the National Monuments Act, on June 8, 1906. The law authorized the President at his discretion to "declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic and scientific interest that are situated upon lands owned or controlled by the Government of the United States to be National Monuments.” Roosevelt’s conservation efforts were instrumental in the creation and preservation of Yellowstone National Park as early as 1872, and were frontrunners to the establishment of the National Park System in 1916.

Dear Environmental Law and You,

I have been reading your column for months now. You teach me so much! I finally have a question of my own: How do I know that the water coming out of my kitchen faucet is safe to drink? I’ve always enjoyed bottled water, but I am trying to be more ‘green’ by refilling my own water bottles. I want to help the planet, but not at my own expense. Please help!

Sue

New York, NY

Response Reference:

In 1974, Congress passed the Safe Drinking Water Act to be administered by the EPA, protecting Americans from contaminated drinking water. The EPA still regulates public drinking water as a result of the act, enforcing approximately 90 different contaminant standards for 160,000 public drinking water facilities throughout the country. The act is renewed every five years as new health issues and possible water contaminants are reviewed in relation to the public water supply. The EPA also sets “cosmetic” standards, such as coloration and taste, for public water supplies. So, Sue is safe to drink as much tap water as she would like.

Hey Environmental Law and You,

I hate how the surf punks in my neighborhood litter the beach with their cans, bottles, fast food wrappers, and other garbage. I want to sue them. Don’t they know that pollution harms the environment? Sure, it’s not my beach, and their littering isn’t my problem, but the truth is, it’s everyone’s problem. I intend to haul them into court and teach them a lesson they won’t ever forget. Where can I find a lawyer that will take my case? I tried calling a few numbers from the yellow pages, but no one wanted to take this on. Please tell me where I can find a tough, smart attorney who will fight these punk kids with me!

Ready to rumble,

Bruce

Los Angeles, CA

Response Reference:

This response requires an understanding of legal standing within the court system. According to Article III of the U.S. Constitution, one must prove that they have legal standing, in other words, that they are the best people to be standing in front of a judge for the matter, prior to establishing, arguing, and deciding a case. For one to meet legal standing requirements, one must establish that:

1.  He or she has suffered an injury—usually some sort of financial loss;

2.  There is a connection between the actions of the defendant, or party being sued, and the injury; and

3.  That the plaintiff’s, or one filing the lawsuit, injury can be relieved by winning the case.

Standing is particularly tough to prove in environmental law cases. Often the injuries are not to specific people, but to the earth and world at large; often there are no direct connections between specific people and environmental problems, but rather people in general harming the whole environment; and often nothing tangible, like money, will relieve the problems, thus creating confusion about any sort of award. Standing laws are meant to protect the integrity of the courts and American justice system by ensuring adversarial relationships in courtrooms. So, Bruce will not find any attorney taking his case—he simply doesn’t have legal standing.

Dear Newspaper,

I like to go fishing in the lake with my grandpa. He told me it is part of the Great Lakes. I like the Great Lakes, then. My cousin lives in Georgia, and she told me on the phone last week that they are running out of water. I am scared that if her state runs out of water they will steal it from the Great Lakes and I won’t be able to go fishing with my grandpa anymore. Daddy told me not to worry, but I still do. Can you help me?

Hugging my teddy,

Kristin

Chicago, IL

Response Reference:

Kristin need not worry. The Great Lakes states recently signed the Great Lakes Compact, which bans the distribution of Great Lakes water to nonregions, such as Georgia.

Dear Editor,

It has come to my attention that certain rare species of elephants are dying. They are being killed by poachers for their beautiful ivory tusks. They are dying faster than they’re reproducing, and eventually, they will be all gone—extinct. Something must be done about this travesty! Aren’t there any laws in place to protect animals from greedy poachers and the doom of extinction? I do hope you have some ideas. We must save the elephants! I wonder how those poachers would like the elephants hunting them!

Marvin

Kansas City, MO

Response Reference:

Marvin needs to learn about the Endangered Species Act of 1973, which allows the government to declare species of animals and plants in danger of extinction, in order to protect them from hunting, poaching, or other harmful actions. Perhaps the most successful examples of the Endangered Species Act at work include the protection of the American bison, and the bald eagle.

Yo, yo, Environmental Law and You,

Could you explain to me what the Clean Air Act is? What is it good for? I’m confused.

Peace Out,

Juan

San Antonio, TX

Response Reference:

The Clean Air Act was first signed in 1963, and has been regularly revised and renewed since then. The act set standards for air pollution and emission standards in response to nationwide smog problems. Basically, Juan should breathe easy.

Law and the Environment © 2008

Insights on Law & Society vol. 8, no. 3

www.insightsmagazine.org

Environmental Law and You

Law and the Environment © 2008

Insights on Law & Society vol. 8, no. 3

www.insightsmagazine.org

[1] The historical thinking skills outlined in the overview are adapted from History’s Habits of the Mind™, from the National Council for History Education, Inc.

[2]National Center for History in the Schools, University of California Los Angeles, National Standards for United States History, 1996.