The role of scientists in statutory interpretation of the U.S. Endangered Species Act

Like many federal statutes, the U.S. Endangered Species Act (ESA) contains vague or ambiguous language. The meaning imparted to the ESA's unclear language can profoundly impact the fates of endangered and threatened species. Hence, conservation scientists should contribute to the interpretation of the ESA when vague or ambiguous language contains scientific words or refers to scientific concepts. Scientists need to know at least these 2 facts about statutory interpretation: statutory interpretation is subjective and the potential influence of normative values results in different expectations for the parties involved. With the possible exception of judges, all conventional participants in statutory interpretation are serving their own interests, advocating for their preferred policies, or biased. Hence, scientists can play a unique role by informing the interpretative process with objective, policy‐neutral information. Conversely, scientists may act as advocates for their preferred interpretation of unclear statutory language. The different roles scientists might play in statutory interpretation raise the issues of advocacy and competency. Advocating for a preferred statutory interpretation is legitimate political behavior by scientists, but statutory interpretation can be strongly influenced by normative values. Therefore, scientists must be careful not to commit stealth policy advocacy. Most conservation scientists lack demonstrable competence in statutory interpretation and therefore should consult or collaborate with lawyers when interpreting statutes. Professional scientific societies are widely perceived by the public as unbiased sources of objective information. Therefore, professional scientific societies should remain policy neutral and present all interpretations of unclear statutory language; explain the semantics and science both supporting and contradicting each interpretation; and describe the potential consequences of implementing each interpretation. A review of scientists’ interpretations of the phrase “significant portion of its range” in the ESA is used to critique the role of scientists and professional societies in statutory interpretation.     

Emerging technology for increasing glucosinolates in arugula and mustard greens

Two plant species, arugula (Eruca sativa) and mustard (Brassica juncea) were field-grown under four soil management practices: soil mixed with municipal sewage sludge (SS), soil mixed with horse manure (HM), soil mixed with chicken manure (CM), and no-mulch bare soil (NM) to investigate the impact of soil amendments on the concentration of glucosinolates (GSLs) in their shoots. GSLs, hydrophilic plant secondary metabolites in arugula and mustard were extracted using boiling methanol and separated by adsorption on sephadex ion exchange disposable pipette tips filled with DEAE, a weak base, with a net positive charge that exchange anions such as GSLs. Quantification of GSLs was based on inactivation of arugula and mustard myrosinase and liberation of the glucose moiety from the GSLs molecule by addition of standardized myrosinase (thioglucosidase) and spectrophotometric quantification of the liberated glucose moiety. Overall, GSLs concentrations were significantly greater (1287 µg g^?1 fresh shoots) in plants grown in SS compared to 929, 890, and 981 µg g^?1 fresh shoots in plants grown in CM, HM, and NM soil, respectively. Results also revealed that mustard shoots contained greater concentrations of GSLs (974 µg g^?1 fresh shoots) compared to arugula (651 µg g^?1 fresh shoots).     

Changes in Streambed Composition in Salmonid Spawning Habitat of the Elwha River during Dam Removal

One uncertainty associated with large dam removal is the level of downstream sediment deposition and associated short‐term biological effects, particularly on salmonid spawning habitat. Recent studies report downstream sediment deposition following dam removal is influenced by proximity to the source and river transport capacity. The impacts of dam removal sediment releases are difficult to generalize due to the relatively small number of dam removals completed, the variation in release strategies, and the physical nature of systems. Changes to sediment deposition and associated streambed composition in the Elwha River, Washington State, were monitored prior to (2010‐2011) and during (2012‐2014) the simultaneous removal of two large dams (32 and 64 m). Changes in the surface layer substrate composition during dam removal varied by year and channel type. Riffles in floodplain channels downstream of the dams fined and remained sand dominated throughout the study period, and exceeded levels known to be detrimental to incubating salmonids. Mainstem riffles tended to fine to gravel, but appear to be trending toward cobble after the majority of the sediment was released and transported through system. Thus, salmonid spawning habitats in the mainstem appear to have been minimally impacted while those in floodplain channels appear to have been severely impacted during dam removal.     

Development of soil chemical and biological properties in the initial stages of post-mining deposition sites

The aim of this study was to assess the seasonal development of the physicochemical (pH, organic C, organic N, extractable P, Ca²⁺, Mg²⁺) and biological soil properties (microbial biomass, activities of urease, dehydrogenase and alkaline phosphatase) of the topsoil of mine deposition sites that differed based on the material used exclusively for their creation: (a) marlstones, (b) red-grey formations (RGF), and (c) fly ash (FA), during the first year after their creation. Our hypothesis was that all deposition sites, regardless the material they consist of, present equal opportunities for the establishment of spontaneous vegetation. All macronutrients concentrations (P, Ca²⁺, and Mg²⁺) remained constant with time and were found to be higher in the FA sites. Organic C, organic N, all enzyme activities, and microbial biomass were higher in the RGF and marl depositions, with marl sites presenting the highest values. All values of biological variables, with the exception of alkaline phosphatase, increased with time. The alkaline environment along with the slow improvement in soil biological properties of the FA sites seemed to present the most unfavorable conditions for spontaneous vegetation growth. On the contrary, the other two spoil materials presented significant improvement in the initial stages of soil formation in terms of soil functionality.     

Teleconnections,midlatitude cyclones and Aegean Sea turbulent heat flux variability on daily through decadal time scales

We analyze daily wintertime cyclone variability in the central and eastern Mediterranean during 1958–2001 and identify four distinct “cyclone states,” corresponding to the presence or absence of cyclones in each basin. Each cyclone state is associated with wind flows that induce characteristic patterns of cooling via turbulent (sensible and latent) heat fluxes in the eastern Mediterranean basin and Aegean Sea. The relative frequency of occurrence of each state determines the heat loss from the Aegean Sea during that winter, with largest heat losses occurring when there is a storm in the eastern but not central Mediterranean (eNOTc) and the smallest occurring when there is a storm in the central but not eastern Mediterranean (cNOTe). Time series of daily cyclone states for each winter allow us to infer Aegean Sea cooling for winters prior to 1985, the earliest year for which we have daily heat flux observations. We show that cyclone states conducive to Aegean Sea convection occurred in 1991/1992 and 1992/1993, the winters during which deepwater formation was observed in the Aegean Sea, and also during the mid-1970s and the winters of 1963/1964 and 1968/1969. We find that the eNOTc cyclone state is anticorrelated with the North Atlantic Oscillation (NAO) prior to 1977/1978. After 1977/1978, the cNOTe state is anticorrelated with both the NAO and the North Caspian Pattern, showing that the area of influence of large-scale atmospheric teleconnections on regional cyclone activity shifted from the eastern to the central Mediterranean during the late 1970s. A trend toward more frequent occurrence of the positive phase of the NAO produced less frequent cNOTe states since the late 1970s, increasing the number of days with strong cooling of the Aegean Sea surface waters.     

Occurrence and distribution of trifluralin,ethalfluralin, and pendimethalin in soils used for long-term intensive cotton cultivation in central Greece

In the present study, a soil monitoring program was undertaken in Greek cotton cultivated areas in 2012. Twenty-seven soil samples were collected from the entire Thessaly plain in early summer of 2012, corresponding to approximately three months (current use of pendimethalin), up to one year (for the banned ethalfluralin), and three years (for the also banned trifluralin), after the last dinitroaniline application. Low but not negligible levels of dinitroanilines were detected, ranging from 0.01 to 0.21 μg g^?1 d.w. for trifluralin and 0.01–0.048 μg g^?1 d.w. for pendimethalin, respectively. Trifluralin was the herbicide most frequently detected (44.4%). The high historic application of trifluralin and its high persistence and accumulation potential is in line with the abundance of the detected residues. The present data indicate that soil samples contain extractable residues of banned trifluralin, but based on the comparison of the theoretical PECplateau for trifluralin (0.277 µg g^?1) and the maximum Measured Environmental Concentration, it was concluded that the detected residues should be attributed to previous years’ application. The latter suggested the need for continual monitoring of the dinitroaniline family of pesticides, including the banned substances, aiming thus to an improved environmental profile for agricultural areas.     

Understanding conservationists’ perspectives on the new‐conservation debate

A vibrant debate about the future direction of biodiversity conservation centers on the merits of the so‐called new conservation. Proponents of the new conservation advocate a series of positions on key conservation ideas, such as the importance of human‐dominated landscapes and conservation's engagement with capitalism. These have been fiercely contested in a debate dominated by a few high‐profile individuals, and so far there has been no empirical exploration of existing perspectives on these issues among a wider community of conservationists. We used Q methodology to examine empirically perspectives on the new conservation held by attendees at the 2015 International Congress for Conservation Biology (ICCB). Although we identified a consensus on several key issues, 3 distinct positions emerged: in favor of conservation to benefit people but opposed to links with capitalism and corporations, in favor of biocentric approaches but with less emphasis on wilderness protection than prominent opponents of new conservation, and in favor of the published new conservation perspective but with less emphasis on increasing human well‐being as a goal of conservation. Our results revealed differences between the debate on the new conservation in the literature and views held within a wider, but still limited, conservation community and demonstrated the existence of at least one viewpoint (in favor of conservation to benefit people but opposed to links with capitalism and corporations) that is almost absent from the published debate. We hope the fuller understanding we present of the variety of views that exist but have not yet been heard, will improve the quality and tone of debates on the subject.     

Field effectiveness evaluation of advanced driver assistance systems

Abstract

Objective: Advanced driver assistance systems (ADAS) are a class of vehicle technologies designed to increase safety by providing drivers with timely warnings and autonomously intervening to avoid hazardous situations. Though laboratory testing suggests that ADAS technologies will greatly impact crash involvement rates, real-world evidence that characterizes their effectiveness is still limited. This study evaluates and quantifies the association of ADAS technologies with the likelihood of a moderate or severe crash for new-model BMWs in the United States.

Methods: Vehicle ADAS option information for the cohort of model year 2014 and later BMW passenger vehicles sold after January 1, 2014 (n?=?1,063,503), was coded using VIN-identified options data. ADAS technologies of interest include frontal collision warning with autonomous emergency braking, lane departure warning, and blind spot detection. BMW Automated Crash Notification system data (from January 2014 to November 2017) were merged with vehicle data by VIN to identify crashed vehicles (n?=?15,507), including date, crash severity (delta V), and area of impact. Using Cox proportional hazards regression modeling, the study calculates the adjusted hazard ratio for crashing among BMW passenger vehicles with versus without ADAS technologies. The adjusted percentage reduction in moderate and severe crashes associated with ADAS is interpreted as one minus the hazard ratio.

Results: Vehicles equipped with both autonomous emergency braking and lane departure warning were 23% less likely to crash than those not equipped (hazard ratio [HR]?=?0.77; 95% confidence interval [CI], 0.73–0.81), controlling for model year, vehicle size and body type. Autonomous emergency braking and lane departure warning generally occur together, making it difficult to tease apart their individual effects. Blind spot detection was associated with a 14% reduction in crashes after controlling for the presence of autonomous emergency braking and lane departure warning (HR =0.86; 95% CI, 0.744–0.99). Differences were observed by vehicle type and crash type. The combined effect of autonomous emergency braking and lane departure warning was greater in newer model vehicles: Equipped vehicles were 13% less likely to crash (HR =0.87; 95% CI, 0.79–0.95) among 2014 model year vehicles versus 34% less likely to crash (HR =0.66; 95% CI, 0.57–0.77) among 2017 model year vehicles.

Conclusion: This robust cohort study contributes to the growing evidence on the effectiveness of ADAS technologies.     

Determinants of household fuel choices among Nigerian family heads: are there gender-differentiated impacts?

The consensus in the literature holds that female-headed households (FHHs) are more vulnerable to social and economic exclusion than male-headed households (MHHs). This paper investigates the socioeconomic determinants of household cooking fuel choices across MHHs and FHHs, using the rich Nigerian Demographic Health Survey data. Using the exogenous switching treatment effect regression (ESTER) technique, the study is able to unravel differences in socioeconomic effects of gender inequality on cooking fuel choices in Nigeria. The results validate the energy ladder hypothesis in the Nigerian case and show that the choices of dirty fuel (biomass) is more prevalent among the de-jure FHH when compared with the de-facto FHH and MHHs. Also, the probability of biomass-use among MHHs would have fallen by 1.3% if MHHs had similar socioeconomic attributes as the FHHs. In the same vain for FHHs, the probability of kerosene-use would have increased by 2%. The study observed no gender gap in kerosene-use. Thus, the established gender gap in biomass- and kerosene-use would have reduced to 6.7% and 2.8%, respectively, if the de-facto FHHs had same socioeconomic attributes as the de-jures. Considering the traditional gendered household division of labor within the households, de-jure FHHs’ energy choices may be due to limited economic opportunities that guarantees cleaner energy options.