我国环境公益诉讼的原告资格研究——基于检察机关的诉讼资格分析

<正>2014年,党的十八届四中全会提出"探索建立检察机关提起公益诉讼制度",检察机关作为我国的法律监督机关,具有公民个人、社会组织所不具有的优势,赋予检察机关提起环境公益诉讼的主体资格对于保护弱势群体、实现社会公平正义具有重要意义,也是当前大多数法治国家的普遍做法。在实践中,检察机关提起公益诉讼的案件已多次出现。然而我国法律对于检察机关提起环境公益诉讼制度却未有明确规定,因而探索建立检察机关参与环境公益诉讼制度是我国经济社会发展的必然选择。     

构建生态环境损害赔偿磋商与诉讼衔接机制

2017年6月,十二届全国人大常委会第二十八次会议表决通过了关于修改民事诉讼法和行政诉讼法的决定,检察机关提起公益诉讼明确写入这两部法律。自此,我国以立法形式正式确立了检察机关提起公益诉讼制度。8月29日下午,中央全面深化改革领导小组第三十八次会议审议通过《生态环境损害赔偿制度改革方案》。下一步,生态环境损害赔偿制度将在全国推开。加之此前已经明确的社会组织提起公益诉讼制度,在涉及公共生态环境损害诉讼方面,有了三类适格主体,同一生态环境损害案件将可能出现多种索赔主体与赔偿途径。为此,亟须构建科学合理的生态环境损害赔偿磋商与环境公益诉讼衔接机制,本文对此提出了解决思路与途径。     

构建检察机关提起环境行政公益诉讼制度

在环境保护行政监管领域,如何通过引入和确立环境行政公益诉讼有效矫正环保领域的"政府失灵"一直是公益诉讼的热点。随着公益诉讼制度的发展,检察机关提起环境行政公益诉讼已有理论与实践基础,并制定了相关法律、法规。检察机关提起环境行政公益诉讼制度应紧跟改革新动向,在诉权行使、受案范围、诉讼请求的确定等方面加以完善,并加快试点工作进程。     

环境行政公益诉讼中检察机关与公众的合作机制研究

《中华人民共和国行政诉讼法》的最新修改增加了检察机关提起行政公益诉讼的规定。从此前试点情况看,生态环境和资源保护案件在行政公益诉讼案件中占比最大,加之"生态文明"入宪,此类案件在今后一段时间依然会是行政公益诉讼的重点。制度虽已建立但落实千头万绪,检察机关面临诸多困境。在党的十九大提出的构建"全民共治"的环境治理体系框架下,基于此类诉讼的公益性,寻找公众与检察机关之间的合作空间,可以实现多赢。     

检察机关应成为环境民事公益诉讼的主力军吗？

从长远来看．让检察机关成为环境民事公益诉讼的“主力军”，不仅会造成司法体制上的混乱和实际运作上的困难．也不利于建构科学理性的环境公益诉讼制度。检察机关应当通过积极支持起诉、督促起诉、提起刑事附带民事诉讼以及作为”替补”性原告而提起环境民事公益诉讼，来参与和辅佐环境民事公益诉讼，以实现对环境公益的维护。在根本定位上，不是检察机关而是公众才是未来环境民事公益诉讼的“主力军”。     

检察机关提起环境公益诉讼的问题探究

近年来,随着我国环境问题的日益凸显,各地环境污染事件频发。检察机关作为国家的法律监督机关,由其作为原告提起的环境公益诉讼案件已有多起,但由于我国立法以及检察机关的主体资格、角色定位等方面的局限性,使得检察机关在参与环境公益诉讼案件时主体地位不明、诉讼权利不清。基于当下的政治环境,结合检察机关的自身优势及其职能性质,我国检察机关已具备提起环境公益诉讼的条件,应在立法与相关程序方面不断予以完善。     

福建南平环境公益诉讼案的多重启示与示范意义

正这是2015年1月1日新《环保法》实施后,我国首例由社会组织提起、人民法院立案受理、判决的生态破坏类民事环境公益诉讼案件。此案对今后环境民事公益诉讼案件的审理,乃至对今后环境民事公益诉讼的发展,具有多重示范和启示意义。对草根NGO提起环境公益诉讼资格的科学认可,有利于推动环境公益诉讼的健康发展     

环境公益诉讼的新形式――环境行政公益诉讼

正2012年新修订的《民事诉讼法》规定法律规定的机关和有关组织可以向人民法院提起对污染环境损害社会公共利益行为的诉讼。2015年《环境保护法》规定对污染环境、破坏生态,损害社会公共利益的行为,符合条件的社会组织可以向人民法院提起诉讼,这些为环境公益诉讼提供了一些法律依据,但环境公益诉讼的对象范围主要是环境民事     

百万吨强腐蚀性废渣露天堆放3年,山西首例环境公益案立案

正山西一家具有央企背景的大企业,因露天堆放百万吨赤泥(赤泥为冶炼氧化铝后的弃渣、具有强腐蚀性)近3年,给当地环境造成严重污染,于近日被环保组织提起公益诉讼,该案也是2015年新《环保法》及环境公益诉讼司法解释实施后,山西省首例由社会组织提起的环境民事公益诉讼案件。     

要闻

<正>社会组织可提起环境污染诉讼立案受理难、证据收集难、判决执行难……环保公益诉讼有法可依但有法难依的窘境有望缓解。1月6日,最高人民法院发布《关于审理环境民事公益诉讼案件适用法律若干问题的解释》,明确社会组织可提起环境民事公益诉讼,环境民事公益诉讼案件可跨行政区划管辖,同一污染环境行为的个人私益诉讼可搭公益诉讼便车。该司法解释6日起施行。《北京晨报》外来物种入侵我国形势严峻随着对外开放程度的加深,我国已成为遭受生物入侵最严重的国家之一。国际上最具威胁性     

AN APPLICATION RUNOFF MODEL STRATEGY FOR UNGAGED WATERSHEDS1

ABSTRACT: Mathematical models for predicting watershed surface flow responses are available, most of which are elaborate nonlinear numerical surface and channel flow models linked with infiltration models. Such models may be used to make predictions for ungaged areas, assuming an acceptable fitting of the model to the topography and roughness of the real system. For some application purposes, these models are impractical because of their complexity and expensive computer solutions. A procedure is developed that uses a complex model of an ungaged area to derive a simpler parametric nonlinear system model for repetitious simulation with input sequences. The predicted flow outputs are obtained with the simpler model at significant savings of money and time. The procedures for constructing a complex kinematic model of a 40 acre (161,880 m²) reference watershed and deriving the simpler system model are outlined. The results of predictions from both models are compared with a selected set of measured events, all having essentially the same initial conditions. Peak discharges ranged from 3 to 118 ft³/sec (0.085 to 3.34 m³/sec), which includes the largest event of record. The inherent limitations of lumped systems models are demonstrated, including the bias caused by their inability to model infiltration losses after rainfall ceases. Computer costs and times for the models were compared. The derived simple model has a cost advantage when repeated use of a model is required. Such an applications hydrologic model has an engineering tradeoff of reduced accuracy, and lumping bias, but is more economical for certain design purposes.     

Conversion of temperate forests into heaths: Role of ecosystem disturbance and ericaceous plants

Fire and logging in nutrient-poor temperate forests with certain ericaceous understory plants may convert the forests into heaths. The process of disturbance-induced heath formation is documented by using examples ofCalluna in western Europe,Kalmia in Newfoundland, andGaultheria (salal) in coastal British Columbia. In a cool, temperate climate, rapid vegetative growth ofCalluna, Kalmia, and salal following disturbance results in increasing organic accumulation (paludification), nutrient sequestration, soil acidification, and allelochemicals. These are thought to be the main reasons to conifer regeneration failure in disturbed habitats. If continuation in forest is a land-use objective, then temperate forests with an ericaceous understory should not be logged unless effective silvicultural methods are devised to control the ericaceous plants and restore forest regeneration. Preharvest vegetation control may be considered as an option. Failure to control the understory plants may lead to a long-term vegetation shift, from forest to heathland, particularly in nutrient-poor sites. Successful methods of controllingKalmia andGaultheria, however, have yet to be developed. While theKalmia- andGaultheria- dominated heathlands are undesirable in Canada and the Pacific Northwest, a wide range ofCalluna heathlands of western Europe are being conserved as natural and seminatural vegetation.     

Using Paleo Reconstructions to Improve Streamflow Forecast Lead Time in the Western United States

In water stressed regions, water managers are exploring new horizons that would help in long‐range streamflow forecasts. Oceanic‐atmospheric oscillations have been shown to influence streamflow variability. In this study, long‐lead time streamflow forecasts are made using a multiclass kernel‐based data‐driven support vector machine (SVM) model. The extended streamflow records based on tree ring reconstructions were used to provide a longer time series data. Reconstructed data were used from 1658 to 1952 and the instrumental record was used from 1953 to 2007. Reconstructions for oceanic‐atmospheric oscillations included the El Niño‐Southern Oscillation, Pacific Decadal Oscillation, Atlantic Multidecadal Oscillation, and North Atlantic Oscillation. Streamflow forecasts using all four oscillations were made with one‐year to five‐year lead times for 21 gages in the western United States. This is the first study that uses both instrumental and reconstructed data of oscillations in SVM model to improve streamflow forecast lead time. SVM model was able to provide “satisfactory” to “very good” forecasts with one‐ to five‐year lead time for the selected gages. The use of all the oscillation indices helped in achieving better predictability compared to using individual oscillations. The SVM modeling results are better when compared with multiple linear regression model forecasts. The findings are statistical in nature and are expected to be useful for long‐term water resources planning and management.     

Urban ecological systems: scientific foundations and a decade of progress

Urban ecological studies, including focus on cities, suburbs, and exurbs, while having deep roots in the early to mid 20th century, have burgeoned in the last several decades. We use the state factor approach to highlight the role of important aspects of climate, substrate, organisms, relief, and time in differentiating urban from non-urban areas, and for determining heterogeneity within spatially extensive metropolitan areas. In addition to reviewing key findings relevant to each state factor, we note the emergence of tentative "urban syndromes" concerning soils, streams, wildlife and plants, and homogenization of certain ecosystem functions, such as soil organic carbon dynamics. We note the utility of the ecosystem approach, the human ecosystem framework, and watersheds as integrative tools to tie information about multiple state factors together. The organismal component of urban complexes includes the social organization of the human population, and we review key modes by which human populations within urban areas are differentiated, and how such differentiation affects environmentally relevant actions. Emerging syntheses in land change science and ecological urban design are also summarized. The multifaceted frameworks and the growing urban knowledge base do however identify some pressing research needs.     

Neighbourhood characteristics and urban gardens in the Toledo metropolitan area: staffing and voluntarism,food production,infrastructure, and sustainability practices

Urban gardens are important sources of sustenance for communities with limited access to food. Hence, this study focuses on food production in gardens in the Toledo metropolitan area in Northwest Ohio. We administered surveys to 150 garden managers from November 2014 to February 2015 in our attempt to better understand how neighbourhood racial composition and poverty levels are related to staffing and voluntarism, food production and distribution, the development of infrastructure, and the adoption of sustainability practices in urban gardens. The results from 30 gardens are presented in this paper. We used Geographic Information Systems to map the gardens and overlay the map with 2010 census data so that we could conduct demographic analyses of the neighbourhoods in which the gardens were located. Though the gardens were small – two acres or less – up to 46 varieties of food were grown in a single garden. Gardens also operated on small budgets. Food from the gardens was gifted or shared with friends, family, and neighbourhood residents. Gardens in predominantly minority neighbourhoods tended to have fewer institutional partners, less garden infrastructure, and had adopted fewer sustainable practices than gardens in predominantly White neighbourhoods. Nonetheless, residents of predominantly minority and high-poverty neighbourhoods participated in garden activities and influenced garden operations. Volunteering and staffing were racialised and gendered.     

Predicting deer-vehicle collisions in an urban area

Collisions with deer and other large animals are increasing, and the resulting economic costs and risks to public safety have made mitigation measures a priority for both city and wildlife managers. We created landscape models to describe and predict deer-vehicle collision (DVCs) within the City of Edmonton, Alberta. Models based on roadside characteristics revealed that DVCs occurred frequently where roadside vegetation was both denser and more diverse, and that DVCs were more likely to occur when the groomed width of roadside right-of-ways was smaller. No DVCs occurred where the width of the vegetation-free or manicured roadside buffer was greater than 40 m. Landscape-based models showed that DVCs were more likely in more heterogeneous landscapes where road densities were lower and speed limits were higher, and where non-forested vegetation such as farmland was in closer proximity to larger tracts of forest. These models can help wildlife and transportation managers to identify locations of high collision frequency for mitigation. Modifying certain landscape and roadside habitats can be an effective way to reduce deer-vehicle collisions.     

BIOLOGICAL INDICATORS AND BIOLOGICAL EFFECTS OF ESTUARINE/COASTAL POLLUTION1

ABSTRACT: Sustained interest in and concern about the health status of the aquatic environment has resulted in extensive research focused on (1) effects of pollution on survival, growth, and reproduction of resource species at all life stages; (2) diseases of fish and shellfish, as they may be related to pollution and as they may serve as indicators of environmental stress; and (3) contaminant body burdens in fish and shellfish - their effects on the aquatic animals and their potential effects on humans. Effects, lethal and sublethal, of pollutants on life history stages of fish and shellfish have been documented, as have impacts on local stocks in badly degraded habitats, but as yet there has been no adequate quantitative demonstration of effects on entire aquatic species - probably because of the difficulty in sorting out relative effects of the many environmental factors that influence abundance. Sublethal effects, especially those that result in disease, have been examined intensively, and some diseases and disease syndromes have been associated statistically with pollution. Other pollution indicators (biochemical, physiological, genetic, behavioral, and ecological) have also received some attention, as have body burdens of contaminants in aquatic species. Research, especially that conducted during the past decade, has done much to clarify the many pathways and toxic effects of contaminants on aquatic animals, and has also helped to identify mechanisms for survival of fish and shellfish in the presence of environmental changes caused by human activities.     

Biodiversity and biotechnology

The maintenance of biodiversity is urged from many quarters and on grounds ranging from aesthetic considerations to its usefulness, particularly for biotechnology. But regardless of the grounds for preserving biodiversity, writers are generally in agreement that it should be preserved. But, in examining the various references biodiversity, such as species diversity, genetic diversity, and habitat diversity, it is apparent that we cannot aim to preserve biodiversityas such, since there are a number of conflicts in any such undertaking. In preserving one aspect of biodiversity, we damage another aspect. Five arguments which attempt to ground our moral concern for biodiversity are reviewed and critiqued, not only for their consistency but also for their power to move us to action. The final section of the paper shows how conflicts in the values of personal and environmental health can impair ethical action and especially policy formation.An earlier version of this paper was read at the conference on Agriculture, Food, and Human Values: Tradition and Change, Orlando, Florida, October 7–9, 1987.     

Journalists' views of advertiser pressures on agricultural news

All major journalism ethical codes explicitly state that journalists should protect editorial copy from undue influence by outside sources. However, much of the previous research on agricultural information has concentrated on what information various media communicate (gatekeeping studies) or communication's role in increasing innovation adoption (diffusion studies). Few studies have concentrated specifically on organizational and structural constraints that might adversely affect agricultural journalists' ethical standards; those that have, focus largely on farm magazines. A study of newspaper reporters who cover agricultural news found that the most pressing ethical concern is the effect of advertiser (agri-business) pressure on editorial copy, and that their concerns in general parallel those of farm magazine writers and editors. The majority reported being in situations in which they might be exposed to advertiser pressure, including pressures to change or withhold editorial copy. Large minorities suggested that advertising pressures affect the overall environment in which agricultural journalists work, and more than one in ten said they allow advertiser pressures to influence editorial decisions. The newspaper reporters who cover agricultural beats showed slightly more resistance to advertiser pressure than did farm magazine editors in a parallel study.     

Definition Procedures Have Little Effect on Performance of Environmental Classifications of Streams and Rivers

Mapped environmental classifications are defined using various procedures, but there has been little evaluation of the differences in their ability to discriminate variation in independent ecological characteristics. We tested the performance of environmental classifications of the streams and rivers of France that had been defined from the same environmental data using geographic regionalization and numerical classification of individual river valley segments. Test data comprised invertebrate assemblages, water chemistry, and hydrological indexes obtained from sites throughout France. Classification performance was measured by analysis of similarity (ANOSIM). Geometric regions defined by a regular grid and without regard to environmental variables and a posteriori classifications based on clustering the test datasets defined lower and upper bounds of performance for a given number of classes. Differences in classification performances were generally small. The ANOSIM statistics for the a posteriori classifications were around twice that of all environmental classifications, including geometrically defined regions. The hydro-ecoregions performed slightly better for the invertebrate data and the network classification performed slightly better for the chemistry and hydrological data. Our results indicate that environmental classifications that are defined using different procedures can be comparable in terms of their ability to discriminate variation of ecological characteristics and that alleged differences in performance arising from different classification procedures can be small relative to unexplained variation. We conclude that definition procedures might have little effect on the performance of large-scale environmental classifications and decisions over which procedures to use should be based primarily on pragmatic considerations.