ENVIRONMENTAL POLICY: THE LEGISLATIVE AND REGULATORY AGENDA

provided by Research Papers in Economics

ENVIRONMENTAL POLICY:
THE LEGISLATIVE

AND REGULATORY AGENDA

Michael T. Olexa

University of Florida

Long ago and far away in the imaginary land of Wal, there lived an
elephant and a butterfly. One day they met, fell hopelessly in love and
decided to get married and raise a family. Realizing an obvious prob-
lem or two with the match, they agreed the elephant would speak to the
king in an effort to find a solution to their dilemma. Upon speaking to
the king, the elephant was promptly referred to the owl for consulta-
tion. On hearing the elephant’s story, the owl quickly responded with
conviction. “The solution is simple,” he said. “Become a butterfly!”
Happy he had found a solution to the problem, the elephant returned
to the jungle only to reappear before the owl a few weeks later.
“You’ve given me some excellent advice,” said the elephant. "But
how do I become a butterfly?” “That’s your problem,” said the owl. “I
just make policy. I don’t implement it.”

As in the story, legislative solutions to environmental dilemmas
frequently seem simple at first glance. Nearly twenty-five years after
the first sweeping environmental policy legislation, we have finally
realized, although the solution was easy enough, putting it into prac-
tice is altogether different. Like the owl in Wal, Congress only
makes policy through legislation. Once policy is legislated it becomes
the responsibility of the executive agencies to implement it through
regulation. My υresentation today will focus on environmental policy
by addressing what I see as the key environmental issues shaping
the legislative and regulatory agendas. I have been asked to provide
you with my perspective, not as a Beltway insider, but as an agri-
cultural lawyer, former plant nursery operator and environmen-
talist.

Historical Perspective

To better appreciate the upcoming challenges inherent in making
and implementing environmental policy within the agricultural sec-
tor, we have to look to the evolution of environmental policy. In
short, we have to look to the past to better understand the future.

As an agricultural lawyer, I believe two historical events have pro-
foundly served as a foundation for modern agricultural law and have
had a significant impact on the framing of agricultural policy. These

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