中国环境公益诉讼的实践障碍及完善措施——从云南曲靖市铬污染事件谈起

2011年发生在云南曲靖市的铬污染事件,再次引发全社会对重金属污染严重危害性的极大关注。为维护环境公益,环保组织"自然之友"和重庆市绿色志愿者联合会向曲靖市中级人民法院起诉,标志着中国以民间环保组织作为原告的环境公益诉讼在实践中又向前迈出重要一步。由于中国还没有建立起环境公益诉讼制度,使得相关案件在实践推进过程中暴露出许多缺陷。以云南曲靖市铬污染事件出发,针对环境公益诉讼的障碍性因素,提出了相应的完善措施,呼吁国家加快相关立法进程,建立以环境损害事实为基础的环境监管制度和公众参与环境保护的制度。     

新《环境保护法》的亮点、不足与展望

十二届全国人大常委会第八次会议表决通过了修订后的《环境保护法》,是中国环境法治建设的重要成就。新《环境保护法》与原《环境保护法》相比具有诸多亮点,如体现和贯彻了"保护优先"的理念,规定了生态保护红线制度、环境与健康监测调查和风险评估制度,明确了环境公益诉讼原告,规定了按日处罚制度。但也存在一些不足之处,如新《环境保护法》仍属管理法而非权利法、没有触及环境保护监督管理体制、环境保护法律体系缺乏合理协调、立法技术不够完善等。今后《环境保护法》的发展应注重从管理法向权利法转变、强化地方监管和建立区域性监管、协调环境保护法律体系。     

完善中国环境与健康关系的法律制度——基于健康权视角

中国环境污染损害事件呈现高发、频发的态势,公众健康权益受到较大威胁。中国政府历来重视环境与健康工作,已采取诸多措施并取得显著成效,但环境与健康法律制度面临较多困境。因此,需进一步完善环境与健康法律制度,其关键点在于树立并践行健康权理念,具体包括:将健康权写入《宪法》,加强环境与健康立法,建立环境与健康标准体系,构建公众环境与健康素养教育制度,完善环境健康损害赔偿制度,形成有效的环境健康监管协作机制等措施,从而切实保障公众的健康权益。     

试论公众参与环境保护的深入与发展

在环境保护问题日益受到关注的今天，公众参与无疑是一项值得肯定和提倡的制度。环境问题的特点决定了公众参与的必要性，公众参与的建立对环境保护起着至关重要的作用。在现今的法律中，已经有诸多关于公众参与的法律法规方面的相关规定；实践中，公众参与在某些地方、某些层面已经实行和落到实处。但是，面对环境“局部好转，总体恶化”的状况，公众参与凸显很多不足，需要在制度、法律等层面加以进一步完善。     

强化公众参与 推进管理创新——关于实施公示制度的几点思考

长期以来企业环境行为管理被认为是环境保护部门和企业之间的事 ,两者由于目的不同 ,使企业环境长效管理一直未能有效进行。随着我国经济社会的发展和公众环保意识的不断增强 ,如何实施企业环境行为长效管理 ,推进企业环境行为管理创新是我们面临的一个迫在眉睫的问题。建立公示制度 ,是适应社会主义市场经济发展要求 ,在环境管理中 ,依照法律规定 ,强化行政管理 ,结合市场机制 ,引进信息公开手段 ,融政府行政行为、市场调节行为、公众参与行为和企业环境行为于一体 ,影响、激励并监督企业环境行为 ,促进企业树立良好的环境形象 ,提高环境保…     

论中国环境影响评价中公众参与的一般模式

公众参与在环境影响评价中的作用是不可替代的,并成为各国环评的基本内容.环评中公众参与的一般模式包括公众享有环境知情权和参与决策权、合适的公众参与的主体范围、明确的公众参与环评的程序和方法以及公众参与环评的保障机制.为更好地发挥环评的作用,应当从实体和程序两方面对法规加以完善.还应在信息公开、立法的完善和配套制度的建立等方面完善环评中的公众参与制度.     

中国核损害赔偿制度研究

由地震引发的日本福岛核事故给环境和公众造成长久而深远的影响,引发人们对核能安全性及核损害赔偿问题的广泛关注.然而,中国现行的核损害赔偿制度存在缺陷,核损害赔偿的立法与相关制度规定较国际核电大国和国际组织有一定的差距,亟需建立完善的核损害赔偿法律、制度和运作体系.阐述了核损害赔偿制度的重要性,介绍了国内外核事故损害赔偿制度的现状和特点,针对中国核事故损害赔偿制度、体系建设等方面存在的缺陷提出完善建议.     

推行环境标志 促进环境保护和经济发展

环境标志是一种体现环境保护要求的证明性商标，它向公众表示该产品在生产、流通、使用以及处理处置过程中对环境无害或危害极小。本文论述了环境标志的意义和作用，简要介绍了国外环境标志的发展动态，探讨了中国环境标志的建立和发展，评述了中国环境标志制度的特色和中国首批标志产品。     

中国二噁英管理策略研究

通过研究美国、日本、欧盟二噁英管理方式,构建中国二噁英全过程管理体系,建立、完善二噁英削减和控制长效机制,进而实现中国二噁英管理.全过程管理体系包括源头控制、过程控制和末端控制,即通过严格把关环境准入、实施"三同时"制度进行源头控制,鼓励企业实施清洁生产审核和ISO 14001环境管理认证进行过程控制,实施二噁英排污许可和排放申报制度进行末端控制.建立二噁英削减和控制长效机制,即通过建设法律、标准和技术规范体系,实施经济刺激,加强行政管理来保证二噁英削减和控制工作的稳步进行.     

国内外入河排污口管理经验及其对比研究

入河排污口管理是控制污染物入河总量的重要手段,也是保护水资源、改善水环境的一项重要保障措施.进行国内外入河排污口管理经验的对比,有利于完善中国的入河排污口管理制度,探索更加有效的污染物入河总量控制方法,以促进环境、经济和社会的协调发展.对比研究发现,中国入河排污口管理存在多龙治水现象,管理信息正逐步走向公开,管理以行政手段为主,监督管理成本较高,入河排污口监测体系还不完善,且侧重于排污口设置的初始管理；而美国等西方国家的管理部门较为单一,管理信息公开完全,管理以经济手段为主,监督管理的成本低,管理目标相对容易实现,还建立了较健全的监测体系,并着重实施全过程管理.最后,针对中国入河排污口管理中存在的问题,提出了打破部门分割,实施第三方监测；加强入河排污口监测能力建设和违规排污的处罚力度；加强信息公开,鼓励公众参与；建立区域间富有弹性的入河污染物总量控制制度等建议.     

Platitudes or Performance?

Industry, government, and the public have come a long way in establishing the dialogue that is necessary if the reservations each has had of the others’ motives are to be dispelled. However, each tends to fall into a routine of accusations, charges, counter charges, and rebuttals. This paper deals with the action which must be forthcoming from industry if good community relations are to be maintained and the public interest is to be served.     

Chemical- and effect-oriented exposomics: Three Gorges Reservoir (TGR)

Exposomic studies of the rapidly changing environment of the Three Gorges Reservoir (TGR) after its impounding is elaborated as a novel field of human and environmental research. Molecular exposomics is focused on the measure of all exposures to molecules and especially persistent organic pollutants-like compounds are of emerging interest due to their lifetime existence in the environment and humans. Theoretical considerations in general and particular for the TGR are deduced and presented using quantitative approaches for this research field. Since exposomics is strongly time-dependent, a theory is presented to link extension of exposure, time, and related effects. Similarity to the first law of thermodynamics is outlined. On top of this, the integrated use of biomarkers is presented employing chemical analysis for biomarkers of exposure and effects, biomarkers in vivo, in vitro approaches and the link between chemical mixtures, and the onset of disease and lethality. Besides real organisms, also virtual organisms are favored to act as well-defined sub-compartments such as fat of biota and with respect to time of exposure. Exposomics is the perspective of risk evaluation and chronic exposures in the running century. It needs novel theories, approaches, and integrated action between medical and environmental disciplines. The existing knowledge about molecular stressors has to be assembled and put into a context especially with respect not only to time resp. lifetime exposure of humans but also eco-toxicological findings by using highly conserved phylogenetic mechanisms to enable links between human and risks of environmental biota. The TGR is a good example not only to employ biomonitoring of real but also virtual organisms due to the lack of established ecotopes in this changing environment so far. Progress in understanding long-term risks requires a proper theory as well as novel tools such as virtual organisms. On top, multidisciplinary approaches and the utilization of existing knowledge about the exposure of the environment and humans have to be merged and directed into mutual concepts. Effect-oriented and chemical analysis must be designed time-oriented to determine lifetime exposures of mankind and nature. Perspectively, a first attempt about exposomic theory and concepts is proposed and has to be developed experimentally further enclosing virtual besides of real organisms and compartments. Environmental and human exposomics have to be considered as a unified global issue in order to effectively utilize their mutual existing knowledge most effectively. The TGR is a challenging model system aiming this objective.     

On purpose in science,conservation and government. The functional integrity of the earth is at issue not biodiversity

The objectives of conservation have been focused ever more intensively for two decades on the preservation of "biodiversity." Emphasis has been on the losses of species through extinction. The cure has been the establishment of parks and reserves to protect "hot spots," especially in the tropics, where the diversity of species is high. The efforts in preservation have often extended to the development of connecting links among reserves to allow movements among them. The approach has been codified in law in the form of the Endangered Species Act in the United States and the Biodiversity Treaty, both of which address the issue species by species and each of which has obvious weaknesses. Such efforts may be appropriate but they are totally inadequate as the sum of activities in conservation in a world of 6 billion people with exploding technologies for exploiting virtually all of the earth for immediate human benefit. The biosphere is decaying rapidly as a habitat for all life, including people, not because of the extinction of species, but because of the progressive impoverishment of natural communities through human-induced chronic disruption that is now global and ubiquitous. The improverishment leads to progressive environmental dysfunction that is cumulative, but only in its later stages leads to extinction of species. Long before extinction becomes important, genetically distinct, local ecotypes are lost and the natural communities in which they were developed become improverished and dysfunctional. The most conspicuous disruption is that of climate, a global change in the environment of every ecosystem. The most elaborate and carefully interlinked array of natural reserves will succumb as climate is moved out from under them... and biodiversity will suffer the very extinctions the parks were established to avoid. But long before that, the human environment will suffer conspicuous and progressive impoverishment. The objective of conservation is the preservation of the integrity of function of landscapes (and waterbodies). Emphasis falls on forests in the normally naturally forested parts of the earth because forests are so large in area globally and have such a large influence on virtually every aspect of environment. Functional integrity requires structural integrity over 85% or more of the naturally forested zone in most areas. It also requires objective measurement and definition by the scientific community. Suddenly, conservation has become, not the preservation of biodiversity, honorable as that may be, but the preservation of the functional integrity of the human environment. That purpose is the central purpose that we assign to the governments that we establish in democracies to define and defend the public interest. It is past time for the scientific and conservation communities to recognize the urgency of this transition, join in defining competent new objectives for conservation, and to convey to the public the urgency of the need for governmental responsibility in protecting the public interest in a habitable biosphere.     

Environmental risks of chemicals and genetically modified organisms: a comparison. Part II: Sustainability and precaution in risk assessment and risk management

The principles of precaution and sustainability require more consideration in the assessment of environmental risks posed by chemicals and genetically modified organisms. Instead of applying risk reduction measures when there are serious indications for damage, full scientific certainty is often waited for before taking action. The precautionary principle particularly should be applied in those cases in which the extent and probability of damage are uncertain, e.g. in the case of persistent chemicals which are additionally bioaccumulative or highly mobile. Based on these principles, environmental action targets for risks associated with GMOs and chemicals can be developed. Risk management not only includes statutory measures but also instruments designed to influence behaviour indirectly are important to achieve the goals. Particularly for risks of GMOs which provoke fear, risk communication is important. Some rules to which attention should be paid in communication with the public are presented.     

Occurrence of organic and inorganic biocides in the museum environment

In the museum environment organic and inorganic chemicals can be found, which originate from both outside and inside the building. Many of the contaminants may cause adverse effects on works of art and human health, but in the past, pollution research in museums has focused on the protection of artifacts, while the risk assessment for humans has been neglected. Especially, the application of biocides leads to a conflict of interest: on the one hand cultural assets have to be protected against microorganisms, insects and rodents while on the other hand it is essential to provide healthy conditions for museum staff and visitors. It has recently been shown that the release of organic indoor pollutants from building products is one of the main reasons for deterioration of artifacts. In this work, we present the results of screening measurements on biocides in different locations of German museums. The major components that could be identified were DDT, PCP, lindane, methoxychlor, naphthalene, chlorinated naphthalenes, 1,4-dichlorobenzene, PCBs and arsenic. It is demonstrated that the application of chlorinated organic compounds and arsenic for preventive conservation is one of the prime reasons for indoor pollution in museums and provides a potential for exposure. However, the concentrations in air, dust and material are widely different and a health risk for humans has to be evaluated case by case.     

Performance of fully private and concessionary water and sewerage companies: a metafrontier approach

As many countries have privatized their water industries, there is increasing interest in comparing the efficiency of public and private water and sewerage companies (WaSCs). However, previous studies have not considered that privatization can be carried out following two main approaches: fully private WaSCs, which involve the sale of utilities to the private sector, and concessionary WaSCs, in which only the operation of the services is privatized. This paper investigates, for the first time, the impact of both privatization approaches on the efficiency of WaSCs. In doing so, data envelopment analysis (DEA) was applied. However, unlike traditional models, the metafrontier concept was used in this research as it cannot be assumed that fully private and concessionary WaSCs share the same production frontier. The empirical application focused on the Chilean water industry as it was privatized from 1998 to 2004 following the two approaches described. The results suggest that the performance of fully private WaSCs is better than that of concessionary WaSCs. The conclusions of this study will be of great interest to water authorities worldwide facing the challenge of water industry privatization.     

California Experience with Air Quality Standards

Air quality standards have existed in California for almost six years. They have become an important part of the State’s air pollution control program.

The two principal uses of the standards have been to establish the goals for controlling motor vehicle emissions and to provide a basis for evaluating air quality throughout the State. The standards have also proved to be valuable as a means of communicating on air pollution problems with legislators, administrators, the press, the public, and dischargers of pollutants.

Lack of adequate data on the effects of varying concentrations of contaminants of concern in air pollution is a serious limitation in any effort to establish air quality standards.It is important that this data be obtained.

The concept of employing air quality standards as administrative goals is not unique to the air pollution field but is part of a broad trend to utilize standards for insuring a satisfactory environment. Those engaged in the air pollution field can expect to see increasing emphasis on such standards.

Air quality standards do not provide a magic formula for eliminating air pollution; they are but one element in a comprehensive program. They have limitations and are no better than the data upon which they are based. The standards, however, can play an important role in preserving satisfactory air quality and protecting man’s health.

In using air quality standards, one should keep in mind the comments of H. W. Streeter⁵ on water quality standards—“Let us devise them, try them, revise them, and apply them, but also remember that they are but ’feeble instruments of the human will’ and like all other such tools are made to be discarded for better ones when they become worn out.“     

A Program Analysis

A comprehensive analysis of inspection maintenance programs is proposed. Effectiveness, costs to the state and to the individual, distribution of cost and benefits, and political and administrative feasibility are examined. Effectiveness is probably the most difficult aspect to project because of changes in design and consequences of maintenance repair on performance. However, using sensitivity analysis, substantial reductions in hydrocarbons and carbon monoxide are foreseen, along with a slight increase in NO_x emissions.

The cost to the state to administer the program is estimated to be between $2.00 and $2.50 per vehicle, which could be covered by the inspection fee. The other direct costs for the driver, lost time, travel, and repairs, may be offset by fuel and tuneup savings which could amount to as much as 50% of the repair bill. Analysis of distribution costs and indirect social consequences cannot be completed until additional information about the effect of income on maintenance is generated. Politically the program is feasible but depends on public support which in turn is sensitive to direct repair costs. Administratively the program suffers greatly if private repair facilities do not have enough adequately trained mechanics.

It is concluded that the benefits of an inspection program do not convincingly outweigh the high costs, possible adverse social impacts, and public opposition and that other alternatives should be examined.     

Research on measurement and improvement path of industrial green development in China: a perspective of environmental welfare efficiency

The increasing concern about the environmental issue and its serious adverse effects on human health has made China’s industrial green transformation being a matter of public concern. In this study, a network slack-based measure (NSBM) was applied to explore China’s industrial green development level from the perspective of environmental welfare efficiency (EWE), considering not only the impact of industrial development on environment and economy, but also the impact on human well-being. Based on the data of 30 provincial administrative regions in China from 2004 to 2017, the comprehensive efficiency (CE) of China’s industrial sector was measured and decomposed. The results show that the industrial production efficiency (IPE) is much higher than the EWE, and the improvement of the EWE will be the key to realize the green transformation of China’s industry. On this basis, considering the effects of spatial interaction, the spatial Durbin model was established to analyze the driving factors of EWE. Finally, this research puts forward promotion path of industrial green development.

     

Mercury burdens in Chinese mitten crabs (Eriocheir sinensis) in three tributaries of southern San Francisco Bay, California, USA

Chinese mitten crabs (Eriocheir sinensis), endemic to Asia, were first reported in the San Francisco Bay in 1992. They are now established in nearly all San Francisco Bay tributaries. These crabs accumulate more metals, such as mercury, than crustaceans living in the water column. Because their predators include fish, birds, mammals and humans, their mercury burdens have an exceptional potential to impact the ecosystem and public health. We sought to elucidate the potential threat of mitten crab mercury burdens in three adjacent streams in southern San Francisco Bay, one of which is known to be contaminated with mercury. Mitten crabs had hepatopancreas concentrations of total mercury and methylmercury that did not differ among streams. The maximum burden we measured was below the action level of 1 ppm recommended by the USEPA. Hepatopancreas concentrations of methylmercury declined with increasing crab size, suggesting a mechanism for mercury excretion and that predators might reduce mercury exposure if they select larger crabs. Because mercury may be heterogeneously distributed among tissues, estimation of the impacts of crab mercury burdens on the environment requires more data on the feeding preferences of predators.