荷兰《环境与规划法》改革方向及其政策启示

荷兰《环境与规划法》着眼于可持续发展,以保障环境质量为核心,以政策循环为理论方法,以政策工具为手段,实现荷兰环境和规划领域的法典化,对于我国当前环境管理亟须解决的法规重叠、权力交叉、程序复杂等问题具有重要借鉴意义。本文在荷兰《环境与规划法》立法背景的基础上,梳理荷兰《环境与规划法》的改革方向,以期探究其对于我国构建和完善环境管理法律体系的政策启示:构建生态环境空间管控体系;运用政策循环和政策工具整合完善生态环境空间管控体系;深化简政放权,坚持放管并重;增强公众参与环境管理的主动意识。     

Taming B.C. Hydro: Site C and the implementation of the B.C. Utilities Commission Act

Public policy making in resources management is greatly influenced by the institutional arrangements that arise out of the legal powers, administrative structures, and financial provisions of the decision system. In British Columbia, the institutional arrangements for energy planning in the province have been greatly altered by the passage of the Utilities Commission Act in 1980. This act redefines the policy implementation process for energy in British Columbia and provides for the regulation of the province's power utility, B.C. Hydro. This is the first time that the hitherto autonomous utility has been subject to regulation and the Utilities Commission Act represents a major reform in the institutional arrangements for energy planning in the province. The article evaluates the effectiveness of the 1980 B.C. Utilities Commission Act and assesses the impact of the legislation upon the institutional arrangements for energy planning in the province. Data for the article were derived from written sources and a series of personal interviews with key participants involved with energy planning in B.C.It is shown that the act represented a major departure in the management of energy resources in B.C. Moreover the implementation of the act's provisions, particularly in regard to B.C. Hydro, had a dramatic impact on the development of new energy projects in the province. It is suggested that while the political and economic climate during the period also favored restraint, the major influence on taming the utility was passage of the Utilities Commission Act. The article concludes by exploring the implications of policy changes that have occurred as a consequence of the act's impact on B.C. Hydro.     

Social impact evaluation of the US Resource Conservation and Recovery Act

Debate over environmental policy often focuses on social impacts of those policies, but few empirical studies examine the impacts of environmental regulations once they are implemented. A quasi-experimental design based on survey data is used to assess the social impacts of the US Resource Conservation and Recovery Act (RCRA) on the West Virginia chemical industry. Changes in employment, manufacturing process, product line, and manufacturing costs are evaluated. RCRA seems to have produced changes in manufacturing processes, but we find no statistically significant impacts on.jobs, product line, or manufacturing costs.     

Evaluating the Effectiveness of Act 250 in Protecting Vermont Streams

Vermont's progressive land development and land use law (Act 250), now 30 years old, provides district and state control over major developments through the review of environmental and planning criteria. Although it is comprehensive in nature, the law is applied on a case-by-case basis, which can make the results inconsistent. Up to now, there have been no significant studies of the role of Act 250 in conserving water quality through stream buffers. This research uses four case-studies of stream buffer use along Vermont streams as a step toward understanding and improving the role of comprehensive land use regulation in protective buffers. Such a study, while directly applicable to Vermont, could be useful to other states that are interested in improving compliance with existing regulations or in adopting new land use legislation.     

Environmental Management and the New Politics of Western Water: The Animas-La Plata Project and Implementation of the Endangered Species Act

/ This paper explores the new politics of western water policy through an examination of the Animas-La Plata water project and implementation of the Endangered Species Act. It is suggested that the focus of western water programming has shifted from the source of distributed funds, the United States Congress, to the agencies originally created to deliver federal benefits because funding for new project construction has not been forthcoming. Under this new system, members of Congress continue to excite their constituents with promises of money for new project starts, while the administrative agencies perform the myriad duties needed to keep these projects alive. The result is that political objectives have replaced operational/management objectives in administrative processes. In this case, the author demonstrates how resource managers in the Bureau of Reclamation manipulated hydrological analysis to control administrative process, why their manipulation was unfair, and perhaps illegal, and why biologists from the US Fish and Wildlife Service accepted the analysis. While ostensibly protecting all interests, the result is that none of the objectives of federal water programming are achieved. KEY WORDS: Environmental management; Administrative politics; Water policy; Endangered Species Act; Animas-La Plata, Bureau of Reclamation     

Biosafety Act 2007: Does It Really Protect Bioethical Issues Relating To GMOS

Despite the (serious) global concerns about the safety and genetic stability of genetically modified organisms, the Malaysian National Biosafety Board (NBB) has recently approved the field testing for genetically modified (GM) male mosquitoes. With this development, bioethical issues, which in some respect could adversely impinge on the social, economic and environmental aspects of the society, have surfaced, and these concerns must be addressed by the authorities concerned. In reviewing this application, the National Biosafety Board has followed the requirements of the Biosafety Act 2007, which was created to strike a balance between promoting biotechnology and at the same time protecting against its potential environmental and human health risks in Malaysia. However, the 2007 Act fails to adequately take into account any bioethical issues in spite of the inclusion of a provision on socio-economic consideration. As part of an ongoing doctoral research project, and by way of an instrumental critique of the 2007 Act, the present paper attempts to address the role and function of the Malaysia biosafety legal framework in governing bioethical concerns relating to Genetically Modified Organisms (GMOs) within the current biotechnology background in Malaysia. Additionally, the paper suggests that the ambiguity of the provisions contained within the 2007 Act in governing such concerns, representing wider societal interests and welfare, in some ways might defeat the balancing role that this act was originally intended to fulfil.     

Compensatory Mitigation for Streams Under the Clean Water Act: Reassessing Science and Redirecting Policy1

Doyle, Martin W. and F. Douglas Shields, 2012. Compensatory Mitigation for Streams Under the Clean Water Act: Reassessing Science and Redirecting Policy. Journal of the American Water Resources Association (JAWRA) 48(3): 494-509. DOI: 10.1111/j.1752-1688.2011.00631.x Abstract: Current stream restoration science is not adequate to assume high rates of success in recovering ecosystem functional integrity. The physical scale of most stream restoration projects is insufficient because watershed land use controls ambient water quality and hydrology, and land use surrounding many restoration projects at the time of their construction, or in the future, do not provide sufficient conditions for functional integrity recovery. Reach scale channel restoration or modification has limited benefits within the broader landscape context. Physical habitat variables are often the basis for indicating success, but are now increasingly seen as poor surrogates for actual biological function; the assumption “if you build it they will come” lacks support of empirical studies. If stream restoration is to play a continued role in compensatory mitigation under the United States Clean Water Act, then significant policy changes are needed to adapt to the limitations of restoration science and the social environment under which most projects are constructed. When used for compensatory mitigation, stream restoration should be held to effectiveness standards for actual and measurable physical, chemical, or biological functional improvement. To achieve improved mitigation results, greater flexibility may be required for the location and funding of restoration projects, the size of projects, and the restoration process itself.     

Social learning in a policy-mandated collaboration: community wildfire protection planning in the eastern United States

Policies such as the US Healthy Forests Restoration Act (HFRA) mandate collaboration in planning to create benefits such as social learning and shared understanding among partners. However, some question the ability of top-down policy to foster successful local collaboration. Through in-depth interviews and document analysis, this paper investigates social learning and transformative learning in three case studies of Community Wildfire Protection Planning (CWPP), a policy-mandated collaboration under HFRA. Not all CWPP groups engaged in social learning. Those that did learned most about organisational priorities and values through communicative learning. Few participants gained new skills or knowledge through instrumental learning. CWPP groups had to commit to learning, but the design of the collaborative-mandate influenced the type of learning that was most likely to occur. This research suggests a potential role for top-down policy in setting the structural context for learning at the local level, but also confirms the importance of collaborative context and process in fostering social learning.     

Collaborative Watershed Planning in Washington State: Implementing the Watershed Planning Act

In 1998 the Washington State Legislature enacted the Watershed Planning Act, which encourages local governments to develop watershed plans using collaborative processes. Objectives of the statute are to address water resource and water quality issues, salmon habitat needs and to establish instream flows. This exploratory study sought to examine two aspects of how local governments are implementing the Act: challenges and benefits associated with collaborative watershed planning and the capacity of local governments to conduct collaborative watershed planning. Using documents and interview data from four cases, it was found that all planning groups experience similar challenges, although newer planning groups experienced more challenges than groups with previous planning experience. Challenges include issues surrounding the collaborative process, interagency co-ordination and trust. Local governments struggle with building capacity to plan, particularly in the areas of funding, technical expertise, incentives for participation, adequate time to conduct planning and questions regarding appropriate scale and scope of their planning efforts. Despite the challenges, collaborative watershed planning is well underway, with more than 37 planning units conducting planning under the Act.     

ENVIRONMENTAL IMPACT MITIGATION UNDER THE CLEAN WATER ACT AND THE NATIONAL ENVIRONMENTAL POLICY ACT: THE CASE OF TWO FORKS DAM1

ABSTRACT: The role of environmental mitigation in permitting decisions under Section 404 of the Clean Water Act and the National Environmental Policy Act is examined, addressing the extent to which compensatory mitigation is acceptable. The role of mitigation is examined both generically and specifically: first in the requirements of the Clean Water Act and NEPA, and then in the case study of the proposed Two Forks Dam. In both cases, the paper describes dual purposes of environmental protection legislation and mitigation: to protect the biophysical environment and maintain associated human values. Mitigation is found to be sometimes necessary and acceptable as compensation for unavoidable impacts of project development. However, the Two Forks case exemplifies that compensatory mitigation has also been employed as a mechanism to facilitate project development when practicable alternatives entailing less environmental impact are available. Acceptance of compensatory mitigation in such cases violates both the Guidelines of the Clean Water Act and the intent of that Act and NEPA to protect the biophysical environment and human welfare. A recent memorandum of agreement between the Corps and the EPA clarifies this policy, and suggests that permit applications which rely on compensatory mitigation when impacts are available may be denied.     

Planning under a Co-operative Mandate: New Plans for New Zealand

The Resource Management Act 1991 provides a new mandate for effectsbased planning with its goal of sustainable management. Regional, city and district councils are responsible for administering the Act, including preparation of regional policy statements, regional and district plans. The paper reports on a collaborative research programme,funded by the New Zealand Foundation for Research, Science and Technology. The three-year programme has two objectives: (1) to determine the quality of policy statements and plans; and (2) to identify the extent and means by which councils co-ordinate policy statements and plans. Preliminary findings on implementation of the Act are presented.     

美国关于温室气体为“空气污染物”的争论及对我国的启示

美国《清洁空气法》没有将温室气体列为空气污染物。2007年,美国最高法院就Massachusetts v EPA案做出判决,认定二氧化碳属于空气污染物,之前联邦环保署是否有权力对温室气体排放进行管制存在争议。2009年12月,美国联邦环保署根据该判决将二氧化碳和其他5种温室气体列为大气污染物,为温室气体是否是美国《清洁空气法》中的"空气污染物"画上了句号。在我国,将温室气体作为大气污染物,可以解决对温室气体排放进行管制不能当然地适用大气污染防治法的有关规定的缺陷。     

New federalism and state implementation of the Clean Water Act

An important goal of the Reagan administration has been to shift responsibility for many public programs from the US federal government to the states. This New Federalism seeks to restore a proper balance to the federal system and to ensure an effective working partnership between the states and the federal government. Such a partnership is especially important for many environmental laws because these laws often give states primary responsibility for the control and abatement of pollution.This research examines the extent to which the Reagan administration has succeeded in improving intergovernmental environmental relations in terms of state implementation of the Clean Water Act. Data from a 1985 survey of directors of state water quality control programs are compared with responses to a similar survey that the US General Accounting Office conducted in 1979. The latter survey found considerable dissatisfaction on the part of state directors with the quality of their relations with the US Environmental Protection Agency. Although some improvement can be noted between 1979 and 1985, the Reagan administration's efforts to improve intergovernmental relations appear to have been of limited consequence, to the possible detriment of effective implementation of the Clean Water Act.     

Snail Darters and Sacred Places: Creative Application of the Endangered Species Act

Rather than exploring how indigenous people have been alienated from resources by environmental policies, this paper explores how indigenous peoples have worked with environmental organizations to use the broad protections provided by environmental laws to protect cultural resources. The Eastern Band of Cherokee Indians, along with other concerned groups, partnered with environmentalists in opposing the destruction of the endangered snail darter’s critical habitat by the Tennessee Valley Authority’s Tellico Dam. The dam had been opposed by a shifting alliance of Cherokees, local farmers, trout fisherman, and environmentalists since it was announced in 1963. A previous lawsuit by this coalition delayed the project from 1972 to 1974 under the National Environmental Policy Act. The Endangered Species Act provided this coalition with a powerful tool for opposing the destruction of burial grounds and sacred village sites throughout the lower Little Tennessee River valley. The coalition of environmental organizations, Cherokees, and others was ultimately unsuccessful in stopping the dam from being built, but was successful in establishing a strict precedent for the enforcement of the Endangered Species Act. The lawsuit also created a space for the Eastern Band to negotiate for the return of Cherokee remains and halt the removal of any additional burials. In this situation, the strategic support of environmental regulation enabled the Eastern Band to exert some degree of control over the fate of cultural resources in the valley, and also demonstrates the significant role American Indian peoples played in one of the seminal events of the environmental movement during the 1970s.     

Accelerating the deployment of carbon capture and storage technologies by strengthening the innovation system

In order to take up the twin challenge of reducing carbon dioxide (CO₂) emissions, while meeting a growing energy demand, the potential deployment of carbon dioxide capture and storage (CCS) technologies is attracting a growing interest of policy makers around the world. In this study we evaluate and compare national approaches towards the development of CCS in the United States, Canada, Norway, the Netherlands, and Australia. The analysis is done by applying the functions of innovation systems approach. This approach posits that new technology is developed, demonstrated and deployed in the context of a technological innovation system. The performance assessment of the CCS innovation system shows that the extensive knowledge base and knowledge networks, which have been accumulated over the past years, have not yet been utilized by entrepreneurs to explore the market for integrated CCS concepts linked to power generation. This indicates that the build-up of the innovation system has entered a critical phase that is decisive for a further thriving development of CCS. In order to move the CCS innovation system through this present difficult episode and deploy more advanced CCS concepts at a larger scale; it is necessary to direct policy initiatives at the identified weak system functions, i.e. entrepreneurial activity, market creation and the mobilization of resources. Moreover, in some specific countries it is needed to provide more regulatory guidance and improve the legitimacy for the technology. We discuss how policy makers and technology managers can use these insights to develop a coherent policy strategy that would accelerate the deployment of CCS.     

THE (POLITICAL) SCIENCE OF WATERSHED MANAGEMENT IN THE ECOSYSTEM AGE1

ABSTRACT: Ecosystem management has become an important unifying theme for environmental policy in the past decade. Whereas the science of ecosystem dynamics suggests that it will remain difficult to define ecosystem borders and all of the natural and anthropogenic effects that influence them, the politics of ecosystem management require that a national ecosystem delineation standard be adopted. Moreover, a political framework for ecosystem management decision making must be designed in such a way as to complement the hierarchical, interrelated nature of ecosystems generally. This paper advocates that a watershed-based ecosystem delineation standard is the most politically suitable because it will be easily understood by the public and watersheds have a long history as a medium of environmental policy. The paper then proposes that the political framework for watershed-based ecosystem management must depend heavily on state and local autonomy, subject to federally prescribed standards and goals. The Coastal Zone Management Act provides a model for how a national ecosystem management policy can work within state and local watershed cultures and economies.     

A Crosswalk from the Endangered Species Act to the HCP Handbook and Real HCPs

The U.S. Departments of Interior and Commerce published the HCP handbook in 1996 to guide the issuance of incidental take permits (ITPs). The HCP handbook lists six guidelines and provides many others throughout the text. However, the guidelines sometimes contradict the intent of the Endangered Species Act (ESA), and some are vague due to their use of improperly defined terms, such as ecosystem, region(al), net benefits, and habitat types. A proposed addendum provides little improvement to the HCP handbook. The guidelines in the HCP handbook could be prepared to better match those that scientists would expect from the language of the ESA. Three HCPs met only 3-10% of the 39 guidelines I would expect based on the ESA, and they met only 7-20% of the 30 guidelines in the HCP handbook. Based on a recent legal decision on the Alabama Beach Mouse HCP, ITP applicants are expected to follow the guidelines in the HCP handbook. The three HCPs I reviewed are vulnerable to similar legal decisions. However, many of the guidelines in the HCP handbook are inconsistent with the ESA. Therefore, I recommend that the HCP handbook be revised so that it is consistent with the ESA and with academic standards in the use of scientific methods. The guidelines need to be more explicit to be operationally consistent. Such a revision would provide ITP applicants and all the stakeholders with much more certainty in the outcome of the process. In lieu of a revised HCP handbook, I recommend that ITP applicants prepare their HCPs using the standards presented in Smallwood and others (Environmental Management, 1999, 24:421-435), thereby giving their HCPs a strong scientific foundation.     

Implementation of US Surface Mine and Reclamation Act

The US Congress is currently studying various ways through which legislation similar to that of the Surface Mining Control and Reclamation Act of 1977— which is concerned mainly with coal, can be applied to all minerals other than coal. This study analyses three US mineral industries—copper, iron ore, and phosphate rock - and identifies a number of areas which Congress and other decision makers ought to consider in arriving at such legislation. The author concludes that reclamation costs may affect the economic and financial performance of each of these industries in a different manner; furthermore, their economic behaviour is significantly different from that of coal. The author's main recommendation is that if surface mining regulations are to be legislated, they should be industry- and commodity-specific rather than umbrella legislation for all non-coal minerals.     

Review and comparison of wetland impacts and mitigation requirements between New Jersey,USA, Freshwater Wetlands Protection Act and Section 404 of the Clean Water Act

A review of wetland impacts authorized under the New Jersey Freshwater Wetlands Protection Act (FWPA) was conducted based on permitting data compiled for the period 1 July 1988 to 31 December 1993. Data regarding the acreage of wetlands impacted, location of impacts by drainage basin and watershed, and mitigation were analyzed. Wetland impacts authorized and mitigation under New Jersey's program were evaluated and compared with Section 404 information available for New Jersey and other regions of the United States.Under the FWPA, 3003 permits were issued authorizing impacts to 234.76 ha (602.27 acres) of wetlands and waters. Compensatory mitigation requirements for impacts associated with individual permits required the creation of 69.20 ha. (171.00 acres), and restoration of 16.49 ha (40.75 acres) of wetlands. Cumulative impacts by watershed were directly related to levels of development and population growth.The FWPA has resulted in an estimated 67% reduction [44.32 ha (109.47 acres) vs 136.26 ha (336.56 acres)] in annual wetland and water impacts when compared with Section 404 data for New Jersey. For mitigation, the slight increase in wetland acreage over acreage impacted is largely consistent with Section 404 data.Based on this evaluation, the FWPA has succeeded in reducing the level of wetland impacts in New Jersey. However, despite stringent regulation of activities in and around wetlands, New Jersey continues to experience approximately 32 ha (79 acres) of unmitigated wetland impacts annually. Our results suggest that additional efforts focusing on minimizing wetland impacts and increasing wetlands creation are needed to attain a goal of no net loss of freshwater wetlands.