This lecture covers site restoration law by looking at the U.S. Navy’s use of the island of Vieques as weapons testing ground. Vieques residents are filing a civil suit against the U.S. government, which raises issues of burden of proof, scientific certainty with respect to exposure amounts and health impacts, and how the government protects citizens from environmental hazards.
The military’s use of the Puerto Rican island of Vieques as a training site is discussed to highlight the challenges involved in identifying and restoring hazardous sites. Political opposition is faced while attempting to get a site recognized as hazardous, deciding how to compensate those affected, and determining an appropriate level of environmental restoration. The recurring theme of government secrecy and its effect on efforts to protect the environment is also covered during this lecture, as the US military is reluctant to allow researchers to examine testing grounds.
During this session, Professor Wargo stresses the importance of considering the persistence of pollutants in the environment. He continues the discussion of the Atomic Energy Commission’s (AEC) risk management strategies in the wake of nuclear experiments from 1945-1963, and also introduces risk reduction strategies attempted after the nuclear explosion at Chernobyl. These strategies underestimated the persistence of radionuclides in the environment. All of these approaches took place in secret, and these proceedings were only declassified in the 1990s.
The United States government employed a variety of approaches to protect citizens from danger, including public education, nuclear weapons testing, and gathering data about the effects of nuclear testing. The U.S. government’s testing of nuclear weapons at the Bikini Atoll is used as an example of government approaches. Nuclear testing led to ecological devastation, leading the U.S. government to move Bikinians to another island. The case highlights the far-reaching environmental, economic, and health consequences of nuclear weapons testing.
To illustrate the linkages among national security, secrecy, and environmental quality, Professor Wargo describes the Atomic Energy Commission’s nuclear tests in the 1950s. The Atomic Energy Commission collected data on the spread of radionuclides from the nuclear tests, and discovered that the radionuclides were circulating around the world. This process of discovery raised issues regarding ways to manage risks to the population while both continuing the nuclear tests and keeping them secret for national security reasons.
The United States’ fragmented, piecemeal approach to environmental law is presented through the cases that led to the creation of major environmental statutes such as the Clean Water Act and the Resource Conservation and Recovery Act. The variety of federal agencies and levels of government that participate in creating and implementing regulation contribute to the fragmentation of American environmental law. Environmental law seeks to balance the costs of environmental degradation with the economic benefits that companies reap.
Professor John Wargo introduces the central question of the course, “Can law shape a sustainable future for ten billion people?” The purpose of the course is to examine the most important U.S. laws adopted over the past forty years, and to evaluate their effectiveness. Lectures will present histories of nuclear experimentation, industrial and organic agriculture, air quality, plastics, wilderness, green building certification, and land use regulation.
Professor Freeman discusses when we can consider a revolution to have ended, arguing that a revolution is finally complete when a new political regime gains general acceptance throughout society - and that, for this reason, it is the American citizenry who truly decided the fate and trajectory of the American Revolution. Yet, in deciding the meaning of the Revolution, the evolving popular memory of its meaning counts as well.
Professor Freeman discusses the national debate over the proposed Constitution, arguing that in many ways, when Americans debated its ratification, they were debating the consequences and meaning of the Revolution. Some feared that a stronger, more centralized government would trample on the rights and liberties that had been won through warfare, pushing the new nation back into tyranny, monarchy, or aristocracy. The Federalist essays represented one particularly ambitious attempt to quash Anti-Federalist criticism of the Constitution.
Professor Freeman discusses the debate over the Constitution at the Federal Convention of 1787 - a convention that by no means had an inevitable outcome. Indeed, even attending the Convention at all was a subject of debate in the individual states; many people feared that the Convention would produce a pseudo-monarchical form of government that would abandon the true significance of the Revolution.
