Compensation for natural resource damages from oil spills: a comparison of US law and international conventions

The basic measure of natural resource damages in USA environmental liability statutes is the cost of restoring the injured resources, plus compensation for the interim loss of resources from the time of injury until their full recovery. In contrast, until 1996, the international Convention Protocols addressing liability for accidental oil spills did not hold the responsible party liable for damages to natural resources, except to compensate for lost profits and earnings of commercial users of the resources. Recent developments, however, suggest that international and USA laws are converging. In the 1996 regulations implementing the natural resource liability provisions of the USA Oil Pollution Act (OPA), natural resource damages are quantified as the costs of a Restoration Plan designed to return resources to baseline and to compensate for interim losses. The 1992 international Convention Protocols, which entered into force in May 1996, include the costs of resource 'reinstatement' measures, though a clear definition of the scope of 'reinstatement', consistent with the restoration concepts in the OPA regulations, could provide an inclusive measure of damages for environmental harm. Furthermore, such a measure would not contravene the policy, previously articulated by the international organisation administering the compensation regime, that only losses quantifiable in financial terms may be claimed.     

Cost-Effective Enforcement Of Environmental Standards

The body of information presented in this paper is directed to those individuals concerned with cost-effective enforcement of environmental standards. Its aim is twofold. One is to determine some of the differing impacts upon firm behavior of legal enforcement, of economic incentive enforcement, and of mixed legal-economic enforcement. A second objective is to initiate identification of enforcement systems which are most likely to minimize resource costs to firms and enforcement agencies of meeting environmental standards. A computerized model is used to simulate enforcement of the new source particu-late matter discharge standard for coal-fired power plants. Under current legal enforcement it is found that most plants will violate the standard, that small plants will control to higher removal levels than large plants and that firms will install relatively costly pollution control technology. Three enforcement alternatives are considered for overcoming these shortcomings: more stringent legal enforcement, economic incentive enforcement using effluent taxes, and a mixed system which uses device certification tests and effluent taxes. It is found that each of the alternatives can lead to the standard being met and tc more-or-less equal sharing in control burden across plant size. But it is only the two systems which use effluent taxes that give incentive for choosing least costly control technology. It is concluded that the two enforcement systems which use effluent taxes probably would encourage adoption of least cost control technology. This is likely to be a desirable outcome since it may lead to minimum resource costs to power plants and pollution control agencies of meeting fty ash standards. The general applicability of this conclusion to other enforcement situations is discussed.     

The OTC Challenge: Adding VOC Controls in the Northeast

The 1990 Clean Air Act Amendments create an ozone transport region made up of the northeastern and mid-Atlantic states. These new provisions call for VOC and NOx controls even in clean areas of the region in order to reduce ozone transport to downwind areas. The stationary and mobile source requirements will subject many air pollution sources to controls for the first time.

The provisions also create an Ozone Transport Commission, which can recommend that additional control measures be adopted in all or part of the region. So far, the commission has focused primarily on region-wide mobile source controls, such as California low emission vehicle standards and reformulated gasoline. But lately it has been paying increasing attention to stationary source measures, including NOx controls.     

环境犯罪的惩治与传统刑事归责原则的创新

由于环境犯罪侵害的特异性和主观认定上的困难,传统刑事归责原则在环境犯罪惩治中面临着困境.对此,西方各国刑法理论先后提出了相对严格责任、绝对严格责任、新新过失论等理论.基于环境犯罪的特殊性和刑事责任的价值与功能,对环境犯罪应采取一种相对严格责任的归责原则,即通过诉讼程序上的举证责任的倒置来减轻犯罪指控的难度,直接根据污染事实推定被告对危害后果的发生是有主观过错的,但同时允许被告反证自己主观没有过错.     

Industrial Responsibilities in and Advantages from the Control of Air Pollution

The requirements for public participation in air pollution control programs have been significantly increased by the 1977 Clean Air Act Amendments. This paper is directed to state and local agency officials, to assist them in carrying out these responsibilities under the Act. The changes in the Act and the guidelines that have been issued pursuant to these new provisions are summarized. The elements of an effective public participation program are described. The current status of public participation in state implementation plan revision programs is reported.     

Credible Enforcement Policies Under Illegal Fishing: Does Individual Transferable Quotas Induce to Reduce the Gap Between Approved and Proposed Allowable Catches?

In general, approved Total Allowable Catches (TACs) are higher than proposed TACs by the scientific assessment and reported landings approved are higher than approved TAC. We build a simple enforcement agency’s behavior model that generates—as a rational behavior—those two facts. The model has two ingredients. First, there exists illegal fishing generated by an imperfect enforcement technology; second, the enforcement agency cannot commit on announced penalties. We show that lack of commitment increases the potential benefits for national enforcement agency of deviating from proposal (scientific optimal) quotas. Although the enforcement agency wants to announce a low quota target to induce a low level of illegal harvest, it will find optimal to revise the quota announced in order to reduce penalties and improve fishermen welfare. Therefore, agencies find it optimal to approve higher quotas than that proposed by the scientific advice. Our main result is to show that when full compliance is not possible, and national agencies cannot commit, the introduction of Individual Transferable Quotas increases the potential benefits for agencies of deviating from the optimal proposed TAC by the scientific advised.     

Being well-governed: Including inspectors in a systems approach to fisheries management

Based on 18-months of ethnographic fieldwork in South Africa’s Western Cape province, we suggest ways in which marine resource law enforcement activities can be evaluated at the level of individual fisheries compliance inspectors, to gain a more accurate understanding of the state of marine resource law enforcement. We show that these individual assessments can be scaled up to speak about specific compliance stations, and further, that these local-level assessments can be scaled up to the regional and provincial levels, without losing sight of the needs and value of the individual inspector. This paper contributes to the broader conversation on compliance in marine resource governance, as well as opening a new avenue of discussion: how to incorporate inspector-focussed social indicators. We show that this can be done in ways that take the overlap of the ecological, economic and social dimensions into account, while still being practical in terms of application and evaluation.     

Federal Air Pollution Prevention and Abatement Responsibilities and Operations

The direct federal role in air pollution control was expanded and intensified by the 89th Congress to include authority for: (1) abatement of international pollution; (2) promulgation and enforcement of regulations regarding emissions from new motor vehicles and engines; and (8) the conduct cf conferences and formulation of advisory recommendations concerning potential air pollution of substantial significance. Experiences under interstate abatement authorities of the Clean Air Act and plans for future activities under the new authorities are discussed.     

Liability Theories in Contaminated Groundwater Litigation

Disputes regarding contaminated sites have given rise to an explosion of federal and state court litigation. Congress enacted the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. §§6901 et seq. , as a contemplated "cradle to grave" regulatory scheme for solid waste, and passed the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. §§9601 et seq. , to address the investigation and remediation of contaminated sites. RCRA and CERCLA each contemplate a strict, joint and several regulatory liability scheme to address sites that have required billions of dollars to investigate and remediate, and which will require additional billions in order to complete the job. Federal and state law cases involving groundwater contamination cases have presented special challenges to litigants and the Courts. Determining the source of groundwater contamination is often a matter of technical dispute, particularly in the case of commingled plumes or older plumes where original point source locations can no longer be located or where there has been a significant amount of contaminant degradation over time. Contaminated plumes derived in whole or in part from potential continuing sources can present difficult remedy selection issues and uncertainty regarding future cost obligations. While a variety of federal and state law theories of liability are available to address groundwater contamination, each presents certain benefits and limitations. For example, CERCLA claims can cover a wide spectrum of potentially responsible parties and are based on strict liability; however, CERCLA excludes petroleum from the scope of its liability scheme and limits recovery to necessary response costs consistent with the National Contingency Plan. RCRA claims can include petroleum contamination, but cannot seek recovery of past costs. Common law theories such as nuisance, trespass and negligence can permit recovery of a broader scope of potential damages and provide for joint and several liability, but they are not based on notions of strict liability and sometimes present difficult statute of limitations problems. This article identifies federal and California state law liability theories addressing responsibility for groundwater contamination, and reviews the elements of liability, potential limitations on available relief, and recent case law developments under these theories.     

关于苏州数字环保移动办公系统的研建

文章着眼于信息化飞速发展的今天,阐述了苏州市环保系统无纸化办公的现状及发展趋势。在现有的办公自动化基础上,架构了一个从保证安全性角度出发的移动办公及执法方案,提出了一项建设环保系统高能效的新一代办公模式,为领导决策、应急响应、高效办公提供了一条新思路。     

Understanding the social impacts of enforcement activities on illegal wildlife trade in China

Illegal wildlife trade enforcement is a cornerstone conservation strategy worldwide, yet we have a limited understanding on its social impacts. Using Chinese online wildlife seizure news (2003–2018), we evaluated the interactions among enforcement operations, news frequency, and social engagement (i.e., whistle-blowing) frequency. Our results showed that intensive enforcement operations, which commenced after 2012, have social impacts by increasing the frequency of all seizure news significantly by 28% [95% Confidence Interval (CI): 5%, 51%] and those via whistle-blowing by 24% [95% CI: 2%, 45%], when compared to counterfactual models where possible confounding factors were accounted for. Furthermore, we revealed the potential interaction between enforcement seizure news with and without social engagement, and the consequential social feedback process. Of the species identified from ‘whistle-blowing’ news, up to 28% are considered as high conservation priorities. Overall, we expanded our understanding of the enforcement impacts to social dimensions, which could contribute to improving the cost-effectiveness of such conservation efforts.Supplementary InformationThe online version contains supplementary material available at 10.1007/s13280-021-01686-9.     

Legislating risk: the USA struggles to reform its policies for the assessment and management of risk

This paper focuses on recent efforts in the United States to improve the federal government's approach to regulating risk, with particular emphasis on legislation introduced in the Congress of the United States that was designed to reform and standardize risk assessment and risk management practices at the United States Environmental Protection Agency (EPA) and other federal agencies with responsibility for health, safety, and environmental regulation. After reviewing the key provisions of the legislation and the potential impact of those provisions on EPA's risk-related activities, the paper suggests certain fundamental principles that should guide the debate on reform of policies and procedures associated with risk.     

Regulating waste discharge with fuzzy interval effluent limitations for toxic pollutants.

Many traditional water quality standards are based on extreme percentiles; often, there is the risk of making wrong decisions with these standards because of high estimation uncertainty. Standards expressed as fuzzy intervals in the form of [trigger, enforcement limitation] make it possible to control the risks for the discharger and the consumer simultaneously. With fuzzy interval compliance, corrective action is initiated when the trigger is exceeded; noncompliance is declared when the enforcement limitation is exceeded. Fuzzy intervals would digest the risks that are inherent when a single enforcement limitation is used to determine compliance; the risks can be further lowered when the fuzzy intervals are based on less extreme percentiles. This paper proposes several alternatives to using a single extreme percentile standard for regulating water quality or waste discharge. A case study using municipal effluent water quality data was included that suggests methods to determine compliance with fuzzy interval standards.     

环境噪声执法中存在的问题及对策

旨在对当前环境噪声执法当中存在的问题和原因进行分析，并针对性地提出相应的解决措施，促进环境执法。     

Proactive Industrial Strategies for the Clean Air Act Amendments of 1990

The Clean Air Act (CAA) Amendments of 1990 was signed into law by President Bush on November 15, 1990. These amendments potentially will have a major impact on virtually every industrial and many commercial facilities throughout the country. The regulations developed to implement this legislation will encompass new approaches to nonattainment, air toxics, accidental releases, acid rain, permits and enforcement. Because of the impact of this legislation the regulations will be implemented over a ten-year period. This paper is an overview of the amendments and recommended proactive strategies for industry.     

Proactive industrial strategies for the Clean Air Act Amendments of 1990

The Clean Air Act (CAA) Amendments of 1990 was signed into law by President Bush on November 15, 1990. These amendments potentially will have a major impact on virtually every industrial and many commercial facilities throughout the country. The regulations developed to implement this legislation will encompass new approaches to nonattainment, air toxics, accidental releases, acid rain, permits and enforcement. Because of the impact of this legislation the regulations will be implemented over a ten-year period. This paper is an overview of the amendments and recommended proactive strategies for industry.     

Phase II Allowances Allocations and an Assessment of the Allowance Market in the West

Title IV of the Clean Air Act Amendments of 1990 establishes a unique “market-based“ approach to reduce national electric utility sulfur dioxide (SO₂) emissions during the next century by about 10 million tons/year below the corresponding level in 1980. This program is designed to provide utility operators with the flexibility to achieve the applicable SO₂ emissions limitations (total tons) using the most cost-effective approach. However, in reality, it is unlikely that many utility operators would have such operational flexibility, especially in the case of plants located in the Western United States. This is due to the fact that these sources may also be subject to other more stringent provisions of the Act, such as to protect public health and visibility, which override the Title IV provisions.

This paper examines the Phase II allowance allocations for the utility units located in the 11 western states and assesses the potential impacts of the current federal/state air quality regulatory programs on the allowance market in the West. This analysis shows that, even after accounting for the projected population growth and the accompanying growth in electric power demand during the next decade, the West should have a surplus of allowances, especially if new regulations are initiated to further reduce SO₂ emissions, mainly for the purpose of improving visibility in Western Class I areas.     

The Tools of Environmental Litigation Support: How Environmental Litigation Support Teams Employ a Unique Set of Skills and Tools to Improve the Outcome and Reduce the Cost of Legal Disputes

While the primary goal of environmental investigations is to assess and clean up contaminated properties, significant efforts are also directed towards resolving various matters in legal dispute. Opposing parties often disagree about the cause and timing of contamination and the associated liability and costs for meeting regulatory site closure requirements. Environmental experts are often needed to help resolve such legal disputes with expertise in hydrogeology, toxicology, microbiology, chemistry, engineering, and process safety. These experts, or teams of experts, provide technical approaches to determine the liability and cost apportionment amongst the various potentially responsible parties. Fate and transport models, environmental forensics, and risk assessment help to answer the issues in dispute. Skillful communication of these technical findings is needed to present conclusions to audiences that do not necessarily have technical backgrounds.     

Reactivity-Based Hydrocarbon Controls: Scientific Issues and Potential Regulatory Applications

The California Air Resources Board and the South Coast Air Quality Management District hosted a conference on April 8-9, 1991 to examine the scientific issues associated with reactivity-based hydrocarbon controls, and to identify the obstacles to potential regulatory applications. Owing to residual uncertainties in the underlying science, and the complex emission measurement capabilities required for enforcement, a general consensus emerged on the need for further research before application of reactivity-based controls. A number of recommendations were made for research on the remaining scientific, enforcement, and policy issues, many of which have led to cooperative efforts initiated since the conference.     

Status of Control of Motor Vehicle Emissions in California

The State of California, because of an acute air pollution problem has been forced to move ahead on a pioneer basis to control motor vehicle emissions. The Golden State’s program, as put into operation by the Motor Vehicle Pollution Control Board, is discussed in detail. Inspection-installation stations, enforcement and legal requirements relating to crankcase control devices and other facets of the program are presented. Of particular importance is the experience gained by the Board in requiring devices on all new vehicles registered in California and its used vehicle program, affecting vehicles back to the 1950 model year. Recent developments in exhaust control, anticipated installation requirements, and scheduling, as well as an indication of staff long-term planning is also outlined. California’s program is based on the principle that the motor vehicle must be controlled and that sewage no longer can be dumped into the air, if the public health is to be preserved.