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1.
《环境保护与循环经济》2015,(10)
<正>2014年,党的十八届四中全会提出"探索建立检察机关提起公益诉讼制度",检察机关作为我国的法律监督机关,具有公民个人、社会组织所不具有的优势,赋予检察机关提起环境公益诉讼的主体资格对于保护弱势群体、实现社会公平正义具有重要意义,也是当前大多数法治国家的普遍做法。在实践中,检察机关提起公益诉讼的案件已多次出现。然而我国法律对于检察机关提起环境公益诉讼制度却未有明确规定,因而探索建立检察机关参与环境公益诉讼制度是我国经济社会发展的必然选择。 相似文献
2.
《绿叶》2017,(10)
2017年6月,十二届全国人大常委会第二十八次会议表决通过了关于修改民事诉讼法和行政诉讼法的决定,检察机关提起公益诉讼明确写入这两部法律。自此,我国以立法形式正式确立了检察机关提起公益诉讼制度。8月29日下午,中央全面深化改革领导小组第三十八次会议审议通过《生态环境损害赔偿制度改革方案》。下一步,生态环境损害赔偿制度将在全国推开。加之此前已经明确的社会组织提起公益诉讼制度,在涉及公共生态环境损害诉讼方面,有了三类适格主体,同一生态环境损害案件将可能出现多种索赔主体与赔偿途径。为此,亟须构建科学合理的生态环境损害赔偿磋商与环境公益诉讼衔接机制,本文对此提出了解决思路与途径。 相似文献
3.
《中国环境管理干部学院学报》2016,(2)
在环境保护行政监管领域,如何通过引入和确立环境行政公益诉讼有效矫正环保领域的"政府失灵"一直是公益诉讼的热点。随着公益诉讼制度的发展,检察机关提起环境行政公益诉讼已有理论与实践基础,并制定了相关法律、法规。检察机关提起环境行政公益诉讼制度应紧跟改革新动向,在诉权行使、受案范围、诉讼请求的确定等方面加以完善,并加快试点工作进程。 相似文献
4.
《中华人民共和国行政诉讼法》的最新修改增加了检察机关提起行政公益诉讼的规定。从此前试点情况看,生态环境和资源保护案件在行政公益诉讼案件中占比最大,加之"生态文明"入宪,此类案件在今后一段时间依然会是行政公益诉讼的重点。制度虽已建立但落实千头万绪,检察机关面临诸多困境。在党的十九大提出的构建"全民共治"的环境治理体系框架下,基于此类诉讼的公益性,寻找公众与检察机关之间的合作空间,可以实现多赢。 相似文献
5.
从长远来看.让检察机关成为环境民事公益诉讼的“主力军”,不仅会造成司法体制上的混乱和实际运作上的困难.也不利于建构科学理性的环境公益诉讼制度。检察机关应当通过积极支持起诉、督促起诉、提起刑事附带民事诉讼以及作为”替补”性原告而提起环境民事公益诉讼,来参与和辅佐环境民事公益诉讼,以实现对环境公益的维护。在根本定位上,不是检察机关而是公众才是未来环境民事公益诉讼的“主力军”。 相似文献
6.
《中国环境管理干部学院学报》2016,(1)
近年来,随着我国环境问题的日益凸显,各地环境污染事件频发。检察机关作为国家的法律监督机关,由其作为原告提起的环境公益诉讼案件已有多起,但由于我国立法以及检察机关的主体资格、角色定位等方面的局限性,使得检察机关在参与环境公益诉讼案件时主体地位不明、诉讼权利不清。基于当下的政治环境,结合检察机关的自身优势及其职能性质,我国检察机关已具备提起环境公益诉讼的条件,应在立法与相关程序方面不断予以完善。 相似文献
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11.
A. U. Mallik 《Environmental management》1995,19(5):675-684
Fire and logging in nutrient-poor temperate forests with certain ericaceous understory plants may convert the forests into
heaths. The process of disturbance-induced heath formation is documented by using examples ofCalluna in western Europe,Kalmia in Newfoundland, andGaultheria (salal) in coastal British Columbia. In a cool, temperate climate, rapid vegetative growth ofCalluna, Kalmia, and salal following disturbance results in increasing organic accumulation (paludification), nutrient sequestration, soil
acidification, and allelochemicals. These are thought to be the main reasons to conifer regeneration failure in disturbed
habitats.
If continuation in forest is a land-use objective, then temperate forests with an ericaceous understory should not be logged
unless effective silvicultural methods are devised to control the ericaceous plants and restore forest regeneration. Preharvest
vegetation control may be considered as an option. Failure to control the understory plants may lead to a long-term vegetation
shift, from forest to heathland, particularly in nutrient-poor sites. Successful methods of controllingKalmia andGaultheria, however, have yet to be developed. While theKalmia- andGaultheria- dominated heathlands are undesirable in Canada and the Pacific Northwest, a wide range ofCalluna heathlands of western Europe are being conserved as natural and seminatural vegetation. 相似文献
12.
Pickett ST Cadenasso ML Grove JM Boone CG Groffman PM Irwin E Kaushal SS Marshall V McGrath BP Nilon CH Pouyat RV Szlavecz K Troy A Warren P 《Journal of environmental management》2011,92(3):331-362
Urban ecological studies, including focus on cities, suburbs, and exurbs, while having deep roots in the early to mid 20th century, have burgeoned in the last several decades. We use the state factor approach to highlight the role of important aspects of climate, substrate, organisms, relief, and time in differentiating urban from non-urban areas, and for determining heterogeneity within spatially extensive metropolitan areas. In addition to reviewing key findings relevant to each state factor, we note the emergence of tentative "urban syndromes" concerning soils, streams, wildlife and plants, and homogenization of certain ecosystem functions, such as soil organic carbon dynamics. We note the utility of the ecosystem approach, the human ecosystem framework, and watersheds as integrative tools to tie information about multiple state factors together. The organismal component of urban complexes includes the social organization of the human population, and we review key modes by which human populations within urban areas are differentiated, and how such differentiation affects environmentally relevant actions. Emerging syntheses in land change science and ecological urban design are also summarized. The multifaceted frameworks and the growing urban knowledge base do however identify some pressing research needs. 相似文献
13.
Justin D. Burdine 《Local Environment》2018,23(2):198-219
Urban gardens are important sources of sustenance for communities with limited access to food. Hence, this study focuses on food production in gardens in the Toledo metropolitan area in Northwest Ohio. We administered surveys to 150 garden managers from November 2014 to February 2015 in our attempt to better understand how neighbourhood racial composition and poverty levels are related to staffing and voluntarism, food production and distribution, the development of infrastructure, and the adoption of sustainability practices in urban gardens. The results from 30 gardens are presented in this paper. We used Geographic Information Systems to map the gardens and overlay the map with 2010 census data so that we could conduct demographic analyses of the neighbourhoods in which the gardens were located. Though the gardens were small – two acres or less – up to 46 varieties of food were grown in a single garden. Gardens also operated on small budgets. Food from the gardens was gifted or shared with friends, family, and neighbourhood residents. Gardens in predominantly minority neighbourhoods tended to have fewer institutional partners, less garden infrastructure, and had adopted fewer sustainable practices than gardens in predominantly White neighbourhoods. Nonetheless, residents of predominantly minority and high-poverty neighbourhoods participated in garden activities and influenced garden operations. Volunteering and staffing were racialised and gendered. 相似文献
14.
Using Paleo Reconstructions to Improve Streamflow Forecast Lead Time in the Western United States 总被引:2,自引:0,他引:2
Christopher Carrier Ajay Kalra Sajjad Ahmad 《Journal of the American Water Resources Association》2013,49(6):1351-1366
In water stressed regions, water managers are exploring new horizons that would help in long‐range streamflow forecasts. Oceanic‐atmospheric oscillations have been shown to influence streamflow variability. In this study, long‐lead time streamflow forecasts are made using a multiclass kernel‐based data‐driven support vector machine (SVM) model. The extended streamflow records based on tree ring reconstructions were used to provide a longer time series data. Reconstructed data were used from 1658 to 1952 and the instrumental record was used from 1953 to 2007. Reconstructions for oceanic‐atmospheric oscillations included the El Niño‐Southern Oscillation, Pacific Decadal Oscillation, Atlantic Multidecadal Oscillation, and North Atlantic Oscillation. Streamflow forecasts using all four oscillations were made with one‐year to five‐year lead times for 21 gages in the western United States. This is the first study that uses both instrumental and reconstructed data of oscillations in SVM model to improve streamflow forecast lead time. SVM model was able to provide “satisfactory” to “very good” forecasts with one‐ to five‐year lead time for the selected gages. The use of all the oscillation indices helped in achieving better predictability compared to using individual oscillations. The SVM modeling results are better when compared with multiple linear regression model forecasts. The findings are statistical in nature and are expected to be useful for long‐term water resources planning and management. 相似文献
15.
Collisions with deer and other large animals are increasing, and the resulting economic costs and risks to public safety have made mitigation measures a priority for both city and wildlife managers. We created landscape models to describe and predict deer-vehicle collision (DVCs) within the City of Edmonton, Alberta. Models based on roadside characteristics revealed that DVCs occurred frequently where roadside vegetation was both denser and more diverse, and that DVCs were more likely to occur when the groomed width of roadside right-of-ways was smaller. No DVCs occurred where the width of the vegetation-free or manicured roadside buffer was greater than 40 m. Landscape-based models showed that DVCs were more likely in more heterogeneous landscapes where road densities were lower and speed limits were higher, and where non-forested vegetation such as farmland was in closer proximity to larger tracts of forest. These models can help wildlife and transportation managers to identify locations of high collision frequency for mitigation. Modifying certain landscape and roadside habitats can be an effective way to reduce deer-vehicle collisions. 相似文献
16.
Donald L. Chery Calvin G. Clyde Roger E. Smith 《Journal of the American Water Resources Association》1979,15(4):1126-1145
ABSTRACT: Mathematical models for predicting watershed surface flow responses are available, most of which are elaborate nonlinear numerical surface and channel flow models linked with infiltration models. Such models may be used to make predictions for ungaged areas, assuming an acceptable fitting of the model to the topography and roughness of the real system. For some application purposes, these models are impractical because of their complexity and expensive computer solutions. A procedure is developed that uses a complex model of an ungaged area to derive a simpler parametric nonlinear system model for repetitious simulation with input sequences. The predicted flow outputs are obtained with the simpler model at significant savings of money and time. The procedures for constructing a complex kinematic model of a 40 acre (161,880 m2) reference watershed and deriving the simpler system model are outlined. The results of predictions from both models are compared with a selected set of measured events, all having essentially the same initial conditions. Peak discharges ranged from 3 to 118 ft3/sec (0.085 to 3.34 m3/sec), which includes the largest event of record. The inherent limitations of lumped systems models are demonstrated, including the bias caused by their inability to model infiltration losses after rainfall ceases. Computer costs and times for the models were compared. The derived simple model has a cost advantage when repeated use of a model is required. Such an applications hydrologic model has an engineering tradeoff of reduced accuracy, and lumping bias, but is more economical for certain design purposes. 相似文献
17.
Calvin P. C. Poon Frank J. DeLuise 《Journal of the American Water Resources Association》1967,3(4):26-35
Manganese entering impounded water will undergo a cyclic transformation. Oxidation precipitates manganese from top waters. At the bottom of the lake, biological activity will render manganese soluble by both intracellular as well as extracellular activity. The study was made to demonstrate that biological reduction and transformation, organometallic complexation, together with the presence of carbon dioxide and the lowering of pH all have some effect on the solubility of manganese. Dissolved manganese may be brought back to top waters during the lake overturn and therefore deteriorates the water quality. 相似文献
18.
Water treatment residuals (WTR) can reduce runoff P loss and surface co-application of P-sources and WTR is a practical way of land applying the residuals. In a rainfall simulation study, we evaluated the effects of surface co-applied P-sources and an Al-WTR on runoff and leacheate bioavailable P (BAP) losses from a Florida sand. Four P-sources, namely poultry manure, Boca Raton biosolids (high water-soluble P), Pompano biosolids (moderate water-soluble P), and triple super phosphate (TSP) were surface applied at 56 and 224kgPha(-1) (by weight) to represent low and high soil P loads typical of P- and N-based amendments rates. The treatments further received surface applied WTR at 0 or 10gWTRkg(-1) soil. BAP loss masses were greater in leachate (16.4-536mg) than in runoff (0.91-46mg), but were reduced in runoff and leachate by surface applied WTR. Masses of total BAP lost in the presence of surface applied WTR were less than approximately 75% of BAP losses in the absence of WTR. Total BAP losses from each of the organic sources applied at N-based rates were not greater than P loss from TSP applied at a P-based rate. The BAP loss at the N-based rate of moderate water-soluble P-source (Pompano biosolids) was not greater than BAP losses at the P-based rates of other organic sources tested. The hazards of excess P from applying organic P-sources at N-based rates are not greater than observed at P-based rates of mineral fertilizer. Results suggest that management of the environmental P hazards associated with N-based rates of organic materials in Florida sands is possible by either applying P-sources with WTR or using a moderate water-soluble P-source. 相似文献
19.
Sources and Transport of Phosphorus to Rivers in California and Adjacent States,U.S., as Determined by SPARROW Modeling 下载免费PDF全文
Joseph Domagalski Dina Saleh 《Journal of the American Water Resources Association》2015,51(6):1463-1486
The SPARROW (SPAtially Referenced Regression on Watershed attributes) model was used to simulate annual phosphorus loads and concentrations in unmonitored stream reaches in California, U.S., and portions of Nevada and Oregon. The model was calibrated using de‐trended streamflow and phosphorus concentration data at 80 locations. The model explained 91% of the variability in loads and 51% of the variability in yields for a base year of 2002. Point sources, geological background, and cultivated land were significant sources. Variables used to explain delivery of phosphorus from land to water were precipitation and soil clay content. Aquatic loss of phosphorus was significant in streams of all sizes, with the greatest decay predicted in small‐ and intermediate‐sized streams. Geological sources, including volcanic rocks and shales, were the principal control on concentrations and loads in many regions. Some localized formations such as the Monterey shale of southern California are important sources of phosphorus and may contribute to elevated stream concentrations. Many of the larger point source facilities were located in downstream areas, near the ocean, and do not affect inland streams except for a few locations. Large areas of cultivated land result in phosphorus load increases, but do not necessarily increase the loads above those of geological background in some cases because of local hydrology, which limits the potential of phosphorus transport from land to streams. 相似文献
20.
Darryl Macer 《Journal of Agricultural and Environmental Ethics》1997,10(3):249-267
The interactions between humans, animals and the environment have shaped human values and ethics, not only the genes that
we are made of. The animal rights movement challenges human beings to reconsider interactions between humans and other animals,
and maybe connected to the environmental movement that begs us to recognize the fact that there are symbiotic relationships
between humans and all other organisms. The first part of this paper looks at types of bioethics, the implications of autonomy
and the value of being alive. Then the level of consciousness of these relationships are explored in survey results from Asia
and the Pacific, especially in the 1993 International Bioethics Survey conducted in Australia, Hong Kong, India, Israel, Japan,
New Zealand, The Philippines, Russia, Singapore and Thailand. Very few mentioned animal consciousness in the survey, but there
were more biocentric comments in Australia and Japan; and more comments with the idea of harmony including humans in Thailand.
Comparisons between questions and surveys will also be made, in an attempt to describe what people imagine animal consciousness
to be, and whether this relates to human ethics of the relationships.
This revised version was published online in July 2006 with corrections to the Cover Date. 相似文献