The United States - Comparing Environmental Policies in 16 Countries - page 28

members from both sides, who negotiate a compromise. Members of
Congress tend to specialize, hence become knowledgeable and powerful
in that particular area. Although the president is powerful, his attention is
spread widely so members of Congress can usually get most of what they
want in the narrow area.
Courts are much more important in the United States than in any other
country. They have the authority to decide the meaning of a law and
even whether it is valid according to the Constitution. Over the years the
Supreme Court has declared many laws to be unconstitutional. Courts can
examine all laws and regulations, including procedures. They must have
an actual case to decide; in other words, a court cannot answer, “What if?”
nor can it probe into an agency without a real lawsuit. The national courts
have three levels: district, appeals, and supreme. Many important victories
for the environmental movement have come through court decisions.
Many departments and bureaus are responsible for controlling pollution
and managing natural resources. The Environmental Protection Agency
has wide jurisdiction, covering air pollution, water pollution, solid waste,
and hazardous waste. The Nuclear Regulatory Agency is responsible for
safety for civilian nuclear plants. The Department of the Interior includes
the National Park Service, the Bureau of Land Management, the Fish and
Wildlife Service, and the Office of Surface Mining. The Forest Service is
in the Department of Agriculture. Almost every department has some
environmental tasks. The Department of Energy is concerned with nuclear
waste disposal. The Department of Commerce has the National Oceanic
and Atmospheric Administration, and the Department of State has the
Bureau of Oceans, Environment, and Science.
The United States is a federation of 50 states. Each has its own govern-
ment with an elected governor, legislature, and courts. Each has its own
bureaucracy. Each is a miniature version of the national government. In
some cases, it is not actually miniature, since California has a population
of 38 million and Texas has a population of 24 million. The states are inde-
pendent of the national level, and often prickly about infringement of their
authority. When there is a direct conflict of authority, the Constitution
says that the national government is the supreme law of the land, but most
jurisdictional issues are carefully worked out over many years. Pollution
control for air and water are delegated programs with the national gov-
ernment setting the standards and the states enforcing them. In return
the national government pays the state agencies millions of dollars each
to participate.