please, forgive me
Congress, like elected bodies in most countries, does not operate in a vacuum. It responds to public pressure. Most environmental legislation has been spurred by public opinion and by public interest groups that have marshalled and stimulated public opinion.3 The legislative response has come in most cases after dramatic events in the news4 have focused the public's attention on dangers to human health and the environment. Love Canal, Bhopal, the Exxon Valdez, Three Mile Island, and Chernobyl — all had far-reaching effects on public perception and public opinion.5 However, the public perception of the environment in this country has changed dramatically over the years.
Historically, America was a "frontier" land regarded as a "new" country in other parts of the world. The vast ranges of prairie and forest in this country may have inspired a [23 ELR 10666] belief — in both colonial America and the frontier states — that our natural resources were inexhaustible.
The American environmental ethos has changed in the last few decades in part because of the realization that the earlier ethic of limitless resources was false and damaging. While some legal scholars view the growing demand for environmental protection and public oversight of governmental activities as contrary to the property and free market systems of this country,7 the gap between this view and the prevailing public opinion is widening. The Roper Center for Public Opinion Research has collected the results of public opinion polls dating from July 1971 to June 1993 on topics relating to public concern for the environment and political responses to environmental issues.8 In surveys since the mid-1970s, the public has stated that at the time of the survey the condition of the environment was the worst it had ever been. The majority of the public consistently agreed that stricter government controls were needed to protect the environment.
Evidence of an environmental ethos in the United States can be seen in the effect of public opinion on recent presidential administrations. The Reagan and Bush years were marked by reduced enforcement or an absence of enforcement of significant environmental laws. For a time, the Bush Administration declared a moratorium on new environmental regulations in addition to delaying enforcement of existing regulations.10 Nevertheless, it did not achieve the repeal of any environmental laws. Moreover, the Clean Air Act Amendments of 1990,11 passed during the Bush presidency, have been heralded by environmentalists as a major step forward in the control of air pollution from industry sources.
The impact of public opinion on political parties is also apparent. The major parties now state environmental "initiatives" in their campaign platforms.13 President Bush campaigned on the promise that he would be the "environmental president."
This change in the public's attitude toward the environment has even affected economic considerations. The majority of those surveyed consistently agreed that protecting the environment should be a higher priority than creating new jobs.15 The majority has also agreed to raising taxes to protect or clean up the environment.
As a result of the change in the public's attitude toward the environment, consumer habits in the United States have altered in some fairly significant respects. Some changes have occurred in personal usage and consumption habits,17 [23 ELR 10667] including recycling.18 Consumer demand has resulted in the production of more energy-efficient automobiles, insulation, lighting, and heating systems. The recycling movement has resulted in saving products and landfill space. Corporations have become sensitized to environmental issues, primarily because of public opinion. Many corporations have high profile programs or goals relating to the protection of the environment.
Also, a new investment philosophy has developed. In the 1980s, investment companies began to provide the option of "social investing" for individuals opposed to investing in companies that either impact negatively on the environment or invest in countries that violate human rights.20 The 1993 Earth Journal: Environmental Almanac and Resource Directory (1993 Earth Journal)21 reported that socially responsible investing is "the fastest-growing niche in money management."
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