The Supreme Court,the commerce clause,and natural resources

The Supreme Court's interpretation of the commerce clause controls the balance of power between state and federal governments in the United States. An understanding of the relationship between the different government levels is essential for resource managers concerned with resource and environmental issues. This study examines selected Supreme Court decisions between 1976 and 1988 to answer three questions raised by the commerce clause: (1) Is the regulated item an article of commerce? (2) Do state laws burden interstate commerce? (3) Is federal commerce regulation limited? The balance of power among the justices and the commerce clause theories affecting the federal role in resource management are also examined. Since ratification of the Constitution, the Supreme Court has continuously increased federal power, but states have power to act independently as long as contradictory federal laws do not exist and state law does not impermissively affect commerce. If Congress regulates an individual's use of resources, their power is unquestioned. Future Court decisions will not significantly reduce the federal role in resource management even if the Court's membership changes. Even the supporters of states' rights on the Court realize increased federal power is a necessary part of the country's evolution. The purpose of the commerce clause is to create a national economic unit with free location principles. The Court supports this purpose today and will in the future.     

ECONOMIC COSTS AND BENEFITS OF INSTREAM FLOW PROTECTION FOR ENDANGERED SPECIES IN AN INTERNATIONAL BASIN1

ABSTRACT: The U.S. Endangered Species Act (ESA) restricts federal agencies from carrying out actions that jeopardize the continued existence of any endangered species. The U.S. Supreme Court has emphasized that the language of the ESA and its amendments permits few exceptions to the requirement to give endangered species the highest priority. This paper estimates economic costs associated with one measure for increasing instream flows to meet critical habitat requirements of the endangered Rio Grande silvery minnow. Impacts are derived from an integrated regional model of the hydrology, economics, and institutions of the upper Rio Grande Basin in Colorado, New Mexico, Texas, and Mexico. One proposal for providing minimum streamflows to protect the silvery minnow from extinction would provide guaranteed year round streamflows of at least 50 cubic feet per second in the San Acacia reach of the upper Rio Grande. These added flows can be accomplished through reduced surface diversions by New Mexico water users in dry years when flows would otherwise be reduced below the critical level required by the minnow. Based on a 44‐year simulation of future inflows to the basin, we find that some agricultural users suffer damages, but New Mexico water users as a whole do not incur damages from a policy that reduces stream depletions sufficiently to provide habitat for the minnow. The same policy actually benefits downstream users, producing average annual benefits of over $200,000 per year for west Texas agriculture, and over $1 million for El Paso municipal and industrial water users, respectively. Economic impacts of instream flow deliveries for the minnow are highest in drought years.     

论环境安全视角下的我国灾害防治法制建设

当今社会面临的日趋严重且类型众多的灾害，构成了对生态环境安全的巨大威胁，为此各国都在致力于发挥法制手段在灾害防治中的不可替代的作用。我国是个多灾国家，在减灾法治方面虽已取得了一定成就，但总体上还比较薄弱，因此进一步加强该领域的法制建设十分重要。从我国环境安全保障角度及与国际经验的比较来看，完善我国减灾法制建设的基本工作涉及到减灾法制体系的理论研究、立法模式的选择及其充实方向、行政体制的理顺及执法司法功能的强化等多个方面。     

Wastewater reuse in Muslim countries: An Islamic perspective

Recycling wastewater seems to have become a highly useful technique for meeting the shortage of fresh water in all parts of the world. It seems all the more important for Muslim countries because a large number of these countries face acute fresh water shortage. This paper views the problem from an Islamic viewpoint, that is, in the light of the Qur'n, theSunnah, andFiqh works.In Islamic law, water is classified into three categories oftahr,thir, andmutanajjis. The last two categories can be transmuted intotahr water and thus may be used for all mundane as well as religious purposes if they are assimilated into the overall supply oftahr water. This would be lawful from the Islamic viewpoint even without treating the water. To make use of modern technology in order to recycle wastewater effluents after treatment seems quite in keeping with the spirit and letter of the Islamic teachings.     

THE EVOLUTION OF TEXAS WATER LAW AND THE IMPACT OF ADJUDICATION1

Texas' surface water law began its evolution during the Hispanic period of occupance. Later, the English riparian doctrine was adopted, and finally, in the late 1800's, the prior appropriation doctrine was superimposed, resulting in an exceedingly complex dual system. Though the judiciary, legislature, and state water agencies have wrestled with the problem of coordinating these diverse water rights and more accurately delineating and measuring riparian rights and water use since early in this century, until recently all attempts were unsuccessful. The unknown riparian element, in particular, made coordinated and efficient management and administration of the state's surface water resources impossible. Finally, measurable progress toward solution of these problems began in 1967 with passage of the Water Rights Adjudication Act, aimed at identifying all unrecorded surface water rights claims and eventually merging all claims into the permit system. This paper examines the gradual evolution of Texas' curious blend of Hispanic-English riparian rights and later appropriate rights; discusses the resultant problems of water resource administration; and traces the progress of the ongoing water rights adjudication, a lengthy, expensive, and complex procedure, which should eventually make possible more efficient administration of all surface water rights.     

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.     

Comparison of China’s Environmental Impact Assessment (EIA) Law with the European Union (EU) EIA Directive

In this paper, we first review the development of China’s Environmental Impact Assessment (EIA) system in the past 30 years. Then we compare the framework and operational procedures of China’s new EIA law with those of the EU EIA Directive. We also compare public participation, as well as sanctions and control in the two EIA systems. In addition, we identify where the processes in both EIA systems are similar or different from one another. By comparison, we noted that there are at least three obvious weaknesses in China’s EIA system: (1) the application of new models for EIA legislation; (2) the improvement of EIA guidance and education; and (3) the enhancement of public participation in EIA process. Our study indicates that these three major shortcomings should be overcome and improved in China’s EIA system, when compared with the EU EIA system.     

基于亨利定律的水中臭氧浓度检测方法研究

为提高水中臭氧(O_3)浓度检测方法的普适性、准确性和便捷性,提出了一种新的非接触式的水中O_3浓度检测方法。基于亨利定律(Henry’s Law),采用电化学方法,建立空气中O_3浓度与水中O_3浓度的回归方程,从而推导出水中O_3浓度。实验结果显示,水体O_3传感器的检出限为0.02 mg/L,检测上限为0.40 mg/L,可决系数R~2为0.998 9,相对误差最大值为7.05%,相对标准偏差最大值为2.82%。实际样品检测显示,水体O_3检测传感器的检测结果与O_3快速测定试剂盒(DPD法)的检测结果完全吻合。该方法不但综合了智能传感器的小型化、网络化、实时测量等特性,而且结构简单、成本低、响应快,适用于水体中O_3浓度的快速检测。     

Economic development and environmental protection: an ecological economics perspective

This paper argues on both theoretical and empirical grounds that, beyond a certain point, there is an unavoidable conflictbetween economic development (generally taken to mean 'materialeconomic growth') and environmental protection. Think for a moment of natural forests, grasslands, marine estuaries, salt marshes, and coral reefs; and of arable soils, aquifers, mineraldeposits, petroleum, and coal. These are all forms of 'natural capital' that represent highly-ordered self-producing ecosystemsor rich accumulations of energy/matter with high use potential (low entropy). Now contemplate despoiled landscapes, eroding farmlands, depleted fisheries, anthropogenic greenhouse gases,acid rain, poisonous mine tailings and toxic synthetic compounds.These all represent disordered systems or degraded forms of energy and matter with little use potential (high entropy). The main thing connecting these two states is human economic activity. Ecological economics interprets the environment-economyrelationship in terms of the second law of thermodynamics. The second law sees economic activity as a dissipative process. Fromthis perspective, the production of economic goods andservices invariably requires the consumption of available energy and matter. To grow and develop, the economynecessarily 'feeds' on sources of high-quality energy/matter first produced by nature. This tends to disorder and homogenizethe ecosphere, The ascendance of humankind has consistently been accompanied by an accelerating rate of ecological degradation, particularly biodiversity loss, the simplificationof natural systems and pollution. In short, contemporary political rhetoric to the contrary, the prevailing growth-oriented global development paradigm is fundamentally incompatible with long-term ecological and social sustainability. Unsustainability is not a technical nor economic problem as usually conceived, but rather a state of systemic incompatibilitybetween a economy that is a fully-contained, growing, dependent sub-system of a non-growing ecosphere. Potential solutions fly inthe face of contemporary development trends and cultural values.     

关于生态补偿机制基本法律问题研究--以三江源国家级自然保护区生物多样性保护为例

本文以现代生态法文化观念为理论导引,在对传统生态法理论进行检视和对三江源区的生物多样性保护与生态裣机制进行尝试考评的基础上,以理论分析与实证调研相结合的方法,提出了具有建设性和可行性的法律对策。