THE MILWAUKEE POLLUTION CASE - IMPLICATIONS FOR WATER RESOURCES PLANNING1

ABSTRACT: The Illinois v. Milwaukee Federal District Court decision is the most far reaching application yet of the federal common law of nuisance to interstate water pollution conflicts. Although a Federal Appelate Court recently rescinded part of the district court decision, Milwaukee must still upgrade its metropolitan sewage system to a level beyond that required by federal and state regulations. The improvements must be completed with or without federal aid. The case points out the apparent inability of the Clean Water Act, the most comprehensive federal legislation affecting the nation's water quality, to deal with certain interstate water quality conflicts. The Milwaukee decision could set a precedent for similar settlements elsewhere which may in turn affect the U.S. Environmental Protection Agency's water quality clean up program. A more integrated, ecosystem conscious approach to management of shared water resources (e.g., the Great Lakes) would help reduce the need for court decisions like Illinois v. Milwaukee.     

Economic and Ecological Rules for Water Quality Trading1

Horan, Richard D. and James S. Shortle, 2011. Economic and Ecological Rules for Water Quality Trading. Journal of the American Water Resources Association (JAWRA) 47(1):59‐69. DOI: 10.1111/j.1752‐1688.2010.00463.x Abstract: Emissions trading in textbook form uses markets to achieve pollution targets cost‐efficiently. This result is accomplished in markets that regulators can implement without knowing pollution abatement costs. The theoretical promise of emissions trading, along with real‐world success stories from air emissions trading, has led to initiatives to use trading for water pollution control. Yet, trading, particularly when it involves nonpoint sources of pollution, requires significant departures from the textbook concept. This paper explores how features of water quality problems affect the design of markets for water pollution control relative to textbook emissions markets. Three fundamental design tasks that regulators must address for pollution trading to achieve an environmental goal at low cost are examined: (1) defining the point and nonpoint commodities to be traded, (2) defining rules governing commodity exchange, and (3) setting caps on the commodity supplies so as to achieve an environmental target. We show that the way in which these tasks are optimally addressed for water quality markets differs significantly from the textbook model and its real‐world analogs. We also show that the fundamental appeal of emissions trading is lost in the case of realistic water quality markets, as market designs that reduce the costs of achieving water quality goals may no longer be implementable without the regulatory authority having information on abatement costs.     

环境污染责任保险的美国经验及中国实践

环境污染责任保险是一种基于市场手段的环境风险管理方法,通过为具有环境污染风险的企业提供商业保险,从而为被保企业的环境污染及治理责任提供一定的保障,同时促进企业主动降低其环境风险。环责险在我国经过了多年的试点和推广,取得了一定成绩,但是也面临许多困难。本文借鉴环责险在美国发展的经验,识别环责险市场发展的条件,同时评价我国环责险市场发展是否具备这些条件,并为进一步促进环责险发展提供建议。     

不完全竞争行业中的环境工具有效性研究:一个理论框架

各级政府贯彻落实绿色发展的理念,实现经济增长与环境保护的共赢,才能真正实现"绿水青山就是金山银山"。在经济"新常态"背景下,防治环境污染是个复杂而系统性的工程,需要进行经济追因与综合治理,其中,制定实施有效的环境政策工具尤为关键。本文把微观经济学中的双寡头产量竞争模型作为基准模型拓展用于环境经济分析,并把环境税、环境规制、排污权交易这三类主要环境工具对企业生产决策的影响纳入基准模型,旨在对比研究不完全竞争行业中环境工具的有效性问题。结果表明:主要基于市场机制的环境经济政策比行政色彩浓厚的环境规制更有效率。提高环境税率或排污权价格均能显著削减行业污染物排放量,如果环境税率恰好等于排污权价格,则环境税与排污权交易这两类环境工具的效力相等。这对进一步建立和完善我国尚处于探索或初始实施阶段的环境工具,促进石化、电力、钢铁等不完全竞争行业的主要污染物减排,具有一定参考价值和借鉴意义。     

Pollution performance of firms from pulp and paper industries

The water pollution emissions by 13 of the largest pulp and paper companies, developed on the basis of monthly reports filed with the US Environmental Protection Agency (EPA) by these companies, indicate a wide disparity in the amount of pollution discharged by them into the nation's waterways. Furthermore, the net discharge of pollution in waterways by all firms is positive, which indicates that all the firms in the study pollute the nation's waterways to some degree. Information presented in this study will be useful for public issues, such as evaluating the effectiveness of the Clean Water Act, government's water pollution policy and abatement strategy, and management's effectiveness in abating water pollution.     

ORGANIZATIONAL EVALUATION OF INDUSTRIAL WATER POLLUTION CONTROL IN THE NEW YORK REGION1

ABSTRACT: Non-technological factors related to the behavior and characteristics of organizations involved in pollution control are explored here as to their importance as determinants or indicators of the level of pollution control effectiveness. Methods of evaluating the existing level of effectiveness are developed and tested using the response of a selected set of industrial establishments to state water pollution abatement action in the New York Region from 1966 to 1971. The compliance of 209 manufacturing establishments to state abatement orders in the New York Region is evaluated with respect to selected organizational and industrial characteristics and characteristics of the firms'socioeconomic environment. The influence of state policies arid programs is also discussed. It was found that the degree of compliance to state abatement action by industry in the Region is positively related to organization size, the extent of waste generation, the wealth and size of the town in which the firm is located, and the availability of waste treatment facilities in the town. The age of the firm was not related to compliance. The structure of state abatement scheduling also influences the degree of compliance. The methods of analysis used here provide a basis for a comprehensive analysis of the effectiveness of pollution control as an alternative to the case by case approach that is currently being used.     

Policy Utopias for Nutrient Credit Trading Programs with Nonpoint Sources

A promising program to address water contamination from nutrients is water quality trading (WQT), whereby entities with high abatement costs purchase credits from entities with lower abatement costs. The concept has found some success with point source water pollution, but very few trades have occurred in over 50 programs in the United States (U.S.) that have focused on nonpoint sources (NPSs). To understand why success has been slow, we identified three environments needed for programs to succeed: physical, economic, and institutional. We estimate that only 5% of watersheds in the U.S. currently listed as nutrient impaired provide a viable physical environment for trading nitrogen; 13% are suitable for phosphorus. Economic and institutional challenges would shrink that domain even further. Therefore, we find places with the ideal physical, economic, and institutional environments necessary for feasible WQT programs are virtual policy utopias — rare places with ideal environments. Fortunately, a growing literature provides the tools necessary to identify where these policy utopias are and to expand that domain through a better understanding about how to manage WQT programs more effectively.     

THE IMPACT OF WATER RESOURCE QUALITY CHANGES ON SURROUNDING PROPERTY VALUES1

ABSTRACT: A case study is used to demonstrate a methodology for measuring the residential property value benefit of water pollution abatement. Increases in the value of single-family homes attributable to improvement in the water quality of the nearby Willamette River (Clackamas County, Oregon) were measured using a regression analysis technique. Sales prices and tax assessment data were used to estimate the change in property values coincident with the changes in water quality. The percentage increase in property value due to pollution abatement is expressed as a function of the distance between properties and the river bank.     

Uncertainty in optimal pollution levels: modelling and evaluating the benefit area

This paper identifies the optimal pollution level under the assumptions of linear, quadratic and exponential damage and abatement cost functions and investigates analytically the certain restrictions that the existence of this optimal level requires. The evaluation of the benefit area is discussed and the mathematical formulation provides the appropriate methods for that to be calculated. The positive, at least from a theoretical point of view, is that both the quadratic and the exponential case obey the same form for evaluating the benefit area. These benefit area estimations can be used as indexes between different rival policies, and depending on the environmental problem, the policy that produces the maximum area will be the beneficial policy.     

THE STRUCTURE AND PRACTICE OF WATER QUALITY TRADING MARKETS1

ABSTRACT: The use of transferable discharge permits in water pollution, what we will call water quality trading (WQT), is rapidly growing in the U.S. This paper reviews the current status of WQT nationally and discusses the structures of the markets that have been formed. Four main structures are observed in such markets: exchanges, bilateral negotiations, clearinghouses, and sole source offsets. The goals of a WQT program are environmental quality and cost effectiveness. In designing a WQT market, policy makers are constrained by legal restrictions and the physical characteristics of the pollution problem. The choices that must be made include how trading will be authorized, monitored and enforced. How these questions are answered will help determine both the extent to which these goals are achieved, and the market structures that can arise. After discussing the characteristics of different market structures, we evaluate how this framework applies in the case of California's Grassland Drainage Area Tradable Loads Program.     

生态文明进入党的全国代表大会报告的十年

党的十七大、十八大和十九大报告均对生态文明建设作了阐述。本文系统梳理了党的十七大以来我国生态文明推进工作的历程和成就,数据显示我国在水环境保护、大气环境保护、生态环境保护方面取得了成绩。我国通过健全立法、调整结构、联防联控、专项督查等手段应对突出的大气污染、水体污染、土壤污染和生态保护等问题,其中健全党内法规和环保立法、实行党政同责与一岗双责、开展中央环境保护督察与专项环保督查以及统筹优化区域资源是关键的手段。党的十九大对生态文明建设作出了新的判断,提出两步走的战略,并作出行动部署,为美好中国的目标提供了体制和制度保障。     

New directions in Mexican environmental policy

Since taking office 1 December 1988, Mexico's incumbent president, Carlos Salinas de Gortari, has introduced important innovations in environmental policy that distinguish his administration from those of his predecessors. Greater administrative continuity, improved regulatory capacity achieved through statutory change, focused priorities centering on pollution abatement in Mexico City, and an aggressive search for external financing for pollution control are hallmarks of Salinas' approach. The success of these environmental reforms depends heavily on economic recovery, however, and environmental policy still suffers from underfunding, bureaucratic fragmentation, and heavy reliance on voluntarist enforcement mechanisms. Recently, U.S. congressional debate on a proposed free trade agreement with Mexico has been a factor in spurring the Salinas government to take new antipollution and conservation measures. Mexico's growing environmental movement is also an important force behind the government's new responsiveness in environmental matters. The Salinas administration recognizes the issue's political salience and has sought to defuse environmental criticism using a large arsenal of resources at its disposal. Salinas' environmental policy strategy may thus be characterized as both proactive and reactive in nature. While the reforms are evidence that Mexico is beginning to take environmental matters more seriously, economic recovery and sustained environmental activism remain vital to further progress.     

WATERSHED PLANNING FOR ACID MINE DRAINAGE ABATEMENT1

Acid drainage from abandoned mines is a widespread problem in old mining regions. Agencies seeking to abate it face the prospect of dealing with hundreds of potential abatement projects, stretching decades into the future. A systematic regional analysis is necessary to establish locations, objectives, priorities, and phasing of such projects. The U.S. Bureau of Mines developed a novel procedure for abatement planning in the 420 square mile Blacklick Creek Watershed in Pennsylvania. The plan sought to direct abatement projects toward pollution sources where degradation was worst and adverse effects greatest. It established abatement priorities by comparing the “supply” of sources to be reclaimed (the degrees of old mines' water quality degradation) with the “demand” for abatement to be done (the natural and cultural values represented by the region's demography, land use and other non-mining characteristics). Matrices were used to define the relationships among mining and non-mining factors; maps were developed to show the geographic distribution of the conclusions. The locations, priorities, and phasing of abatement objectives shown on the maps should provide guidance for any abatement effort, no matter what type of technology is applied to achieve the objectives. Over the many years in which abatement projects are to be performed in the Watershed, the plan can be used to define, coordinate, and establish priorities for the projects in a manner that can result in maximum abatement benefits from the application of limited funds.     

非典型环境案件法律适用问题初探

实践中一些非典型环境案件的法律适用问题存在争议。对此,必须明确:生态破坏侵权属于一般侵权行为,应当适用《侵权责任法》对一般侵权行为的规定;家庭生活污染和劳动环境污染属于环境污染,受害者在法律适用上有选择权;室内装修污染不属于环境污染,其责任属于产品责任,不适用环境污染侵权规则。     

关于首例环境污染责任险获赔案的思考

以湖南某农药企业污染赔付事件为例，分析了推广环境污染责任险中存在的问题，提出了应强制推行环境污染责任险的建议。     

Design for environment: A new framework for strategic decisions

For most of its history of environmental protection, U.S. policy has concentrated on a pollution control strategy based on single medium emissions: air, water, or land. Efforts to mitigate environmental impacts to one medium often resulted in greater impacts to others. While much environmental improvement has occurred via this system over the last quarter-century, it is generally recognized that alternative strategies which address environmental impacts across all media in an integrated manner will be necessary for continued improvement. Increasingly, regulatory strategies that result in only passive compliance will be insufficient to meet these demands. This article demonstrates why new strategies which encourage proactive behavior are necessary. A new framework for making strategic decisions—design for environment—concerning the relation between our actions and environment is necessary to ensure a sustainable future.     

我国农业农村污染治理与监管体系主要问题及对策建议

我国农村环保工作起步晚、基础差、保障不足,主要表现为政策标准体系尚需完善、农业农村污染治理责任仍未充分落实、适应农村社会经济特点的环境监管机制亟待建立、农业农村污染治理模式欠缺以及农村环境保护技术帮扶和宣传教育任重道远。针对这些问题,结合国内外实践经验,本文提出几点建议:一是要建立全面协调的农村生态环境管理政策体系;二是要夯实各级政府和部门的农村环保责任;三是要构建适应农村特点的环境监管体系;四是要探索便捷有效的农村环境治理模式;五是要完善农村环境教育和帮扶体系。     

AGRICULTURAL NITRATE CONTAMINATION OF GROUND WATER: AN EVALUATION OF ENVIRONMENTAL POLICY1

ABSTRACT: The contribution of agriculture to nitrate pollution of 8Urface and ground water is a growing concern throughout the world. The objective of this article is to evaluate the current environmental policy governing nitrate contamination of ground water in the South Platte alluvial aquifer. In particular, the “best management practice” approach is assessed in its relationship to optimal policy design. First, the current physical environmental problem and existing institutional arrangements are described. Second, legal and economic criteria are brought to bear on the question of appropriate policy design. Finally, the strengths and weaknesses of the existing policy are evaluated in this context and changes in policy that would increase effectiveness are recommended. Considerable justification is found for state-initiated control because victims of ground water pollution are dispersed and risk assessment is technically demanding. However, ex post elements of existing policy must be improved, perhaps through targeting and some devolution in monitoring and enforcement responsibilities.     

THE LEGAL‐INSTITUTIONAL ANALYSIS MODEL AND WATER POLICYMAKING IN A BI‐NATIONAL SETTING1

ABSTRACT: This paper reports the use of a water negotiation model, the Legal‐Institutional Analysis Model (LIAM), in the bi‐national setting of the U.S. and Mexico in the Paso del Norte region. The following study discusses the results of developing baseline data where interstate, international, and cultural factors, as well as a long history of conflict, impact on negotiations and the extent to which the LIAM is a valuable tool for analyzing behavior among institutional actors in such a setting. The findings suggest that most water policy actors in the region prefer brokered solutions as defined within the LIAM framework.     

MANAGING GROUND WATER QUALITY IN RELATION TO AGRICULTURAL ACTiVITIES1

ABSTRACT: Ground water quality is an environmental issue of national concern. Agricultural activities, because they involve large land areas, often are cited as a major contributor of ground water contaminants. It appears that some degree of ground water contamination from agricultural land use is inevitable, especially where precipitation exceeds evapotranspiration. For this reason, and because agriculture differs significantly from point sources of pollution, farmers, policymakers, and scientists need alternative management strategies by which to protect ground water. Mathematical models coupled to geographic information systems to form expert systems can be important management tools for both policymakers and agricultural producers. An expert system can provide farmers, researchers, and environmental managers with information by which to better manage agricultural production systems to minimize ground water contamination. Significant research is necessary to perfect such a system, necessitating interim ground water management strategies that include not only a strong research program, but educational and public policy components as well.