WEBVTT 1 00:00:02.220 --> 00:00:05.340 Welcome to week five of Environmental Public Health. 2 00:00:05.340 --> 00:00:08.400 In this presentation, I'm going to give a brief overview 3 00:00:08.400 --> 00:00:10.380 of environmental health policy. 4 00:00:10.380 --> 00:00:13.530 Some of this may be familiar to you if you have a background 5 00:00:13.530 --> 00:00:16.860 in environmental science or even political science 6 00:00:16.860 --> 00:00:17.820 but it will ensure that we're all 7 00:00:17.820 --> 00:00:19.533 on the same page going forward. 8 00:00:23.790 --> 00:00:27.330 We often think of policy as being synonymous with law 9 00:00:27.330 --> 00:00:29.820 but it encompasses a lot more. 10 00:00:29.820 --> 00:00:32.130 Policies can exist at the international level 11 00:00:32.130 --> 00:00:35.760 in the form of law, treaties or agreements. 12 00:00:35.760 --> 00:00:37.380 At the national and state levels, 13 00:00:37.380 --> 00:00:41.040 policies exist as law and regulations. 14 00:00:41.040 --> 00:00:43.890 Policies that can positively or negatively affect health 15 00:00:43.890 --> 00:00:46.140 can also exist on a much smaller scale, 16 00:00:46.140 --> 00:00:48.330 such as in communities, for example, 17 00:00:48.330 --> 00:00:52.320 investment in public transport, or even in workplaces, 18 00:00:52.320 --> 00:00:54.150 such as providing onsite showers 19 00:00:54.150 --> 00:00:55.773 for those commuting by bike. 20 00:00:59.100 --> 00:01:00.780 Legislation is a word that is used 21 00:01:00.780 --> 00:01:03.150 for law before it has been enacted, 22 00:01:03.150 --> 00:01:04.530 but sometimes the term is also used 23 00:01:04.530 --> 00:01:06.273 to refer to laws collectively. 24 00:01:07.920 --> 00:01:09.660 Federal laws are bills that have passed 25 00:01:09.660 --> 00:01:12.210 both houses of Congress, been signed by the president 26 00:01:12.210 --> 00:01:14.670 or have been passed over the president's veto 27 00:01:14.670 --> 00:01:17.970 or allowed to become law without the president's signature. 28 00:01:17.970 --> 00:01:20.790 Individual laws, also called acts are arranged 29 00:01:20.790 --> 00:01:23.013 by subject in the United States Code. 30 00:01:24.180 --> 00:01:26.940 For our purposes, the term statute simply refers 31 00:01:26.940 --> 00:01:30.090 to a law enacted by a legislative body of a government 32 00:01:30.090 --> 00:01:31.713 whether federal or state. 33 00:01:33.300 --> 00:01:36.720 Bear in mind that the US Constitution is the formal system 34 00:01:36.720 --> 00:01:37.860 of primary principles 35 00:01:37.860 --> 00:01:40.740 and laws that is the foundation of our government. 36 00:01:40.740 --> 00:01:43.950 So no federal or state law may violate it. 37 00:01:43.950 --> 00:01:46.260 Federal laws or statutes enacted 38 00:01:46.260 --> 00:01:48.620 by the United States Congress must be followed 39 00:01:48.620 --> 00:01:51.270 by every state in the country. 40 00:01:51.270 --> 00:01:54.150 If a state law contradicts the federal law, 41 00:01:54.150 --> 00:01:56.340 the federal statute preempts the state law 42 00:01:56.340 --> 00:01:58.320 and therefore, the state will be required to abide 43 00:01:58.320 --> 00:01:59.999 by the federal statute. 44 00:01:59.999 --> 00:02:03.570 However, federal laws do not cover all areas of the law 45 00:02:03.570 --> 00:02:06.993 and in those instances, state or local laws will control. 46 00:02:07.920 --> 00:02:11.550 So similarly, within a state, the state constitution 47 00:02:11.550 --> 00:02:13.650 represents the highest legal authority. 48 00:02:13.650 --> 00:02:16.200 The state may then enact state statutes, 49 00:02:16.200 --> 00:02:18.720 which apply to everyone within the state. 50 00:02:18.720 --> 00:02:21.540 State statutes cannot violate the state constitution, 51 00:02:21.540 --> 00:02:23.733 the federal constitution, or federal law. 52 00:02:25.797 --> 00:02:28.770 So regulations are authorized by statutes 53 00:02:28.770 --> 00:02:32.310 and are developed and enforced by executive agencies. 54 00:02:32.310 --> 00:02:34.500 Regulations are sometimes called rules 55 00:02:34.500 --> 00:02:38.760 or administrative laws, and they have the effect of law. 56 00:02:38.760 --> 00:02:40.440 Someone violating a regulation 57 00:02:40.440 --> 00:02:44.370 is in effect violating the law that created it. 58 00:02:44.370 --> 00:02:46.920 Regulations are designed to increase flexibility 59 00:02:46.920 --> 00:02:49.620 and efficiency in the operation of laws. 60 00:02:49.620 --> 00:02:51.690 Many of the actual working provisions 61 00:02:51.690 --> 00:02:54.843 of statutes are embodied in the regulations. 62 00:02:56.160 --> 00:02:58.500 So most regulations are developed and enacted 63 00:02:58.500 --> 00:03:02.160 through a rulemaking process, which includes public input. 64 00:03:02.160 --> 00:03:03.704 So agencies hold open meetings 65 00:03:03.704 --> 00:03:06.750 and public hearings and allow citizens to participate 66 00:03:06.750 --> 00:03:09.270 in the creation of the regulations. 67 00:03:09.270 --> 00:03:12.930 Participation in the process is extremely important 68 00:03:12.930 --> 00:03:15.240 but it's often overlooked by citizens. 69 00:03:15.240 --> 00:03:16.837 It provides a unique opportunity 70 00:03:16.837 --> 00:03:21.750 for citizens to influence and shape the rules directly. 71 00:03:21.750 --> 00:03:23.520 So most regulations are in effect 72 00:03:23.520 --> 00:03:25.050 for only a limited period of time 73 00:03:25.050 --> 00:03:29.013 and they have to be updated or reenacted on a regular basis. 74 00:03:30.270 --> 00:03:33.300 Federal regulations are arranged by subject in the Code 75 00:03:33.300 --> 00:03:35.550 of Federal Regulations, so you can always look there 76 00:03:35.550 --> 00:03:38.283 if you are interested in a specific one. 77 00:03:40.020 --> 00:03:43.530 So generally, remember that laws are written by legislators 78 00:03:43.530 --> 00:03:44.700 while regulations are written 79 00:03:44.700 --> 00:03:46.830 by government agencies to provide details 80 00:03:46.830 --> 00:03:48.580 about how the laws are carried out. 81 00:03:49.680 --> 00:03:52.590 I shall also briefly mention executive orders. 82 00:03:52.590 --> 00:03:55.350 Executive orders have the force and effective law 83 00:03:55.350 --> 00:03:57.030 and are generally issued by the president 84 00:03:57.030 --> 00:03:59.490 of the United States to provide direction 85 00:03:59.490 --> 00:04:02.070 to federal agencies and officials. 86 00:04:02.070 --> 00:04:04.050 Executive orders are not legislation 87 00:04:04.050 --> 00:04:06.303 and don't require approval from Congress. 88 00:04:10.590 --> 00:04:11.970 Okay, bear with me. 89 00:04:11.970 --> 00:04:15.300 Let's just cover a few more definitions quickly. 90 00:04:15.300 --> 00:04:16.590 So in the field of public health, 91 00:04:16.590 --> 00:04:19.500 guidelines and recommendations predominate 92 00:04:19.500 --> 00:04:22.080 and these are not legally binding. 93 00:04:22.080 --> 00:04:23.610 For example, the Advisory Committee 94 00:04:23.610 --> 00:04:26.460 on Immunization Practices provides recommendations 95 00:04:26.460 --> 00:04:29.100 on the childhood vaccination schedule. 96 00:04:29.100 --> 00:04:30.540 You aren't breaking any laws 97 00:04:30.540 --> 00:04:32.490 if you don't follow the recommendations 98 00:04:32.490 --> 00:04:35.703 unless there are separate immunization laws in your state. 99 00:04:37.080 --> 00:04:38.970 Local governments, including county 100 00:04:38.970 --> 00:04:40.860 and municipal governments, enact laws, 101 00:04:40.860 --> 00:04:44.370 often called ordinances via specific powers granted 102 00:04:44.370 --> 00:04:45.813 to them by the state. 103 00:04:46.710 --> 00:04:48.720 County, and municipal ordinances apply 104 00:04:48.720 --> 00:04:52.230 to everyone within the county or municipality limits. 105 00:04:52.230 --> 00:04:57.030 These ordinances cannot violate state or federal laws. 106 00:04:57.030 --> 00:04:59.730 For example, bans on smoking in bars and restaurants 107 00:04:59.730 --> 00:05:02.430 were first passed as local ordinances 108 00:05:02.430 --> 00:05:03.660 and have been very successful 109 00:05:03.660 --> 00:05:06.333 in reducing exposure to secondhand smoke. 110 00:05:07.860 --> 00:05:10.860 Common law is sometimes called judge made law 111 00:05:10.860 --> 00:05:12.990 and it consists of the rules of law that come 112 00:05:12.990 --> 00:05:16.110 from the written decisions of judges who hear 113 00:05:16.110 --> 00:05:19.530 and decide litigation or lawsuits. 114 00:05:19.530 --> 00:05:21.750 So judges are empowered to make these decisions 115 00:05:21.750 --> 00:05:24.480 by the constitution and statutes, 116 00:05:24.480 --> 00:05:25.980 and when a judge decides a case 117 00:05:25.980 --> 00:05:27.900 and publishes a written decision, 118 00:05:27.900 --> 00:05:29.790 the decision becomes the precedent 119 00:05:29.790 --> 00:05:32.343 for future litigation or lawsuits. 120 00:05:33.900 --> 00:05:37.920 And finally, strategic plans are a form of policy 121 00:05:37.920 --> 00:05:42.030 that provide a framework for government agencies, businesses 122 00:05:42.030 --> 00:05:44.910 or nonprofit organizations to plan, 123 00:05:44.910 --> 00:05:48.873 budget and assign accountability for measurable outcomes. 124 00:05:50.220 --> 00:05:52.470 So next, I'm gonna walk through a few examples 125 00:05:52.470 --> 00:05:55.860 of international treaties, national laws, regulations, 126 00:05:55.860 --> 00:05:59.100 executive orders, and guidance or recommendation 127 00:05:59.100 --> 00:06:01.533 that are related to environmental health. 128 00:06:03.060 --> 00:06:06.870 Let's start with an example of an international treaty. 129 00:06:06.870 --> 00:06:08.430 The Paris Climate Agreement 130 00:06:08.430 --> 00:06:11.280 is a legally binding international treaty that entered 131 00:06:11.280 --> 00:06:14.493 into force on the 4th of November 2016. 132 00:06:15.360 --> 00:06:19.830 The agreement set long-term goals to guide nations, 133 00:06:19.830 --> 00:06:22.230 including substantially reducing 134 00:06:22.230 --> 00:06:25.240 global greenhouse gas emissions to limit emissions 135 00:06:26.370 --> 00:06:28.350 to the point where the global temperature increase 136 00:06:28.350 --> 00:06:32.250 in this century will only be two degrees Celsius 137 00:06:32.250 --> 00:06:34.800 while also pursuing efforts to limit the increase 138 00:06:34.800 --> 00:06:37.770 to only 1.5 degrees Celsius. 139 00:06:37.770 --> 00:06:41.399 Also, reviewing countries' commitments every five years 140 00:06:41.399 --> 00:06:43.260 and providing financing 141 00:06:43.260 --> 00:06:45.420 to developing nations to mitigate the effects 142 00:06:45.420 --> 00:06:48.090 of climate change, strengthen resilience 143 00:06:48.090 --> 00:06:50.823 and enhance abilities to adapt to climate impacts. 144 00:06:51.660 --> 00:06:56.250 Today, 194 parties, which include 193 member states 145 00:06:56.250 --> 00:06:59.460 of the United Nations, as well as the European Union 146 00:06:59.460 --> 00:07:00.903 have joined the agreement. 147 00:07:01.800 --> 00:07:03.540 I've also listed a couple other examples 148 00:07:03.540 --> 00:07:05.493 of international treaties on the slide. 149 00:07:09.990 --> 00:07:13.920 Next, let's take a look at some major US laws. 150 00:07:13.920 --> 00:07:16.530 So legislation is enacted into law 151 00:07:16.530 --> 00:07:18.660 to fund programs and requires 152 00:07:18.660 --> 00:07:22.680 or restricts actions of individuals and/or institutions. 153 00:07:22.680 --> 00:07:23.513 For example, 154 00:07:23.513 --> 00:07:26.580 the Comprehensive Environmental Response Compensation, 155 00:07:26.580 --> 00:07:30.060 and Liability Act, referred to as CERCLA, 156 00:07:30.060 --> 00:07:31.920 provides a federal superfund, 157 00:07:31.920 --> 00:07:36.120 superfund as in a lot of money, to clean up uncontrolled 158 00:07:36.120 --> 00:07:39.630 or abandoned hazardous waste sites, accident spills 159 00:07:39.630 --> 00:07:42.270 and other releases of pollutants. 160 00:07:42.270 --> 00:07:44.580 This law also gives the EPA the power 161 00:07:44.580 --> 00:07:46.500 to seek out the parties responsible 162 00:07:46.500 --> 00:07:48.603 for the pollution to ensure site cleanup. 163 00:07:50.100 --> 00:07:51.090 I've listed a whole bunch 164 00:07:51.090 --> 00:07:56.090 of other major US laws that are important to public health. 165 00:07:57.630 --> 00:07:59.820 If you're interested in environmental health as a career, 166 00:07:59.820 --> 00:08:00.653 then I recommend 167 00:08:00.653 --> 00:08:03.090 that you take a little extra time to familiarize yourself 168 00:08:03.090 --> 00:08:05.970 with these laws, but you don't need to memorize any facts 169 00:08:05.970 --> 00:08:07.220 about them at this point. 170 00:08:10.680 --> 00:08:13.530 So remember that regulations are authorized by statute 171 00:08:13.530 --> 00:08:16.020 but written by a government agency. 172 00:08:16.020 --> 00:08:18.390 For example, Congress enacts legislation, 173 00:08:18.390 --> 00:08:20.640 which gives the Food and Drug Administration 174 00:08:20.640 --> 00:08:23.430 the responsibility to write regulations, 175 00:08:23.430 --> 00:08:24.420 which are the details 176 00:08:24.420 --> 00:08:26.570 of how the legislation will be carried out. 177 00:08:27.480 --> 00:08:32.130 The example here is the FDA's Egg Safety Regulations, 178 00:08:32.130 --> 00:08:34.290 which give instructions to industry 179 00:08:34.290 --> 00:08:37.650 on how to produce, store and transport eggs. 180 00:08:37.650 --> 00:08:39.870 The regulations are designed to prevent illnesses 181 00:08:39.870 --> 00:08:42.090 and deaths caused by the consumption 182 00:08:42.090 --> 00:08:44.253 of eggs contaminated with salmonella. 183 00:08:45.797 --> 00:08:47.490 I've also included a couple 184 00:08:47.490 --> 00:08:51.213 of other examples of regulations on the slide. 185 00:08:57.030 --> 00:08:59.790 Some executive orders are also important 186 00:08:59.790 --> 00:09:01.890 to public health and environmental health. 187 00:09:02.850 --> 00:09:06.870 Executive Order 12898 was issued 188 00:09:06.870 --> 00:09:10.020 by President Clinton in 1994. 189 00:09:10.020 --> 00:09:12.450 Its purpose is to focus federal attention 190 00:09:12.450 --> 00:09:14.475 on the environmental and human health effects 191 00:09:14.475 --> 00:09:17.610 of federal actions on minority 192 00:09:17.610 --> 00:09:20.040 and low-income populations with the goal 193 00:09:20.040 --> 00:09:23.073 of achieving environmental protection for all communities. 194 00:09:24.330 --> 00:09:27.322 Specifically, it directs federal agencies to identify 195 00:09:27.322 --> 00:09:28.860 and develop a strategy 196 00:09:28.860 --> 00:09:31.200 for implementing environmental justice 197 00:09:31.200 --> 00:09:32.970 and promoting non-discrimination 198 00:09:32.970 --> 00:09:34.737 in federal programs that affect human health 199 00:09:34.737 --> 00:09:38.580 and the environment, as well as to provide minority 200 00:09:38.580 --> 00:09:40.530 and low-income communities access 201 00:09:40.530 --> 00:09:43.263 to public information and public participation. 202 00:09:44.970 --> 00:09:47.033 In addition, the executive order established 203 00:09:47.033 --> 00:09:49.163 an inter-agency working group 204 00:09:49.163 --> 00:09:51.750 on environmental justice that's chaired 205 00:09:51.750 --> 00:09:54.060 by the EPA administrator and comprised 206 00:09:54.060 --> 00:09:55.890 of the heads of 11 departments 207 00:09:55.890 --> 00:09:59.490 or agencies and several White House offices. 208 00:10:00.817 --> 00:10:03.960 Two other examples of executive orders relevant 209 00:10:03.960 --> 00:10:05.960 to environmental health are listed here. 210 00:10:10.830 --> 00:10:13.830 Finally, a federal agency or advisory committee 211 00:10:13.830 --> 00:10:16.950 may provide guidance or recommendations. 212 00:10:16.950 --> 00:10:19.620 This is a way to communicate the current scientific thinking 213 00:10:19.620 --> 00:10:22.290 to practitioners or to industry. 214 00:10:22.290 --> 00:10:24.870 For example, the FDA has guidance to industry 215 00:10:24.870 --> 00:10:28.200 to help phase out the use of medically important antibiotics 216 00:10:28.200 --> 00:10:32.970 in food animals to help address antimicrobial resistance. 217 00:10:32.970 --> 00:10:34.890 However, guidance and recommendations 218 00:10:34.890 --> 00:10:36.393 are not legally binding. 219 00:10:37.950 --> 00:10:40.440 This wraps up the examples 220 00:10:40.440 --> 00:10:42.840 of environmental health policy that I wanted to share 221 00:10:42.840 --> 00:10:44.580 with you today. 222 00:10:44.580 --> 00:10:45.930 Please feel free to reach out 223 00:10:45.930 --> 00:10:48.780 if you have any questions about the different types 224 00:10:48.780 --> 00:10:50.724 of environmental health policy that we've covered 225 00:10:50.724 --> 00:10:52.057 in this lecture.