Return to the River: Environmental Flow Policy in the United States and Canada1

Abstract: This paper provides an overview and summary of United States and Canadian federal, state, and provincial laws that offer some form of legal protection for environmental flows. Special attention is given to the new “second generation” law established in Texas and to ways western states are beginning to encourage transactions that help restore dewatered streams. Progress in the eastern states and some Canadian provinces to provide environmental flow protection is addressed. Based on this review, this paper presents recommended elements of a “model” environmental flow policy.     

Arctic Wilderness Policy in the United States and Finland

The United States and Finland have passed laws to classify and manage Arctic wilderness areas, but their national policies are based on different nature ideologies. Finns tend to perceive wilderness as a human-centered idea, while Americans are inclined to see the same land from a nature-based point of view. Rural residents in the Arctic, and especially indigenous peoples, use motorized vehicles for hunting and gathering in wilderness areas. Attempts of southern-based environmental groups to restrict motor use by imposing a nature-based ideology on rural residents in northern Alaska will result in high levels of political conflict. Alaska land managers need to respect the minority rights of rural residents and a study of wilderness policies in Finnish Lapland is instructive toward this end.     

美国在环境议题上的分歧及对中国的启示

美国曾经在环境保护和治理污染上做出了卓越的成绩,但是如今环境议题成为撕裂美国的重要议题。美国的共和党和民主党在环境议题上互相牵制,难以达成共识。最近,美国特朗普总统宣布退出应对气候变化的《巴黎协定》就是这种分歧的表现。但当美国1970年代开始环境立法治理污染的时候,美国社会上下和两大党之间高度一致。在此后,因为环境思想上的差异和代际转变,政党斗争、选举体制、利益集团等多方面原因,美国不同政治势力在环境议题上越发分裂。美国在环境议题上的分歧对中国如今解决环境问题有重要的启示意义:首先,现在我国社会上下一致应对环境问题的广泛共识很宝贵,应该抓住难得的机遇期,为未来环境治理积极立法,留下宝贵法治遗产。另一方面,随着人们在环境议题上的利益变得多元,中国应该在环境治理上整合各方面利益,防止中国未来的环保事业被利益集团绑架。最后,中国应该明确环境议题的概念远远大于治理污染,为未来环境事业扩展空间。     

Problems and Prospects in Local Environmental Assessment: Lessons from the United States

Local environmental assessment (EA), mandated by five US states, has introduced complex management issues for practitioners and policy makers. Based on a review of statutes, case law, and prior EA evaluations,this paper outlines three key issue areas for local EA: linking comprehensive planning and EA; making the threshold determination process more certain; and balancing mitigation with public participation. The paper argues that all the issues reflect a central tension in environmentalassessment between procedural consistency and the need for contingent responses to conditions that differ among the projects to be reviewed.     

控制环境与健康风险:美国环境标准制度功能借鉴

传统观念下,环境与健康分属两个不同领域,美国作为最早遭遇环境与健康问题的国家,经过多年努力,形成了建立以保障公共健康为核心的环境标准体系和环境与健康风险评估框架,实现了对环境与健康风险的有效控制。美国对环境污染物的界定主要取决于其对公共健康的影响,将污染物分为普遍及对公共健康危害较大的污染物、一些污染范围较小或对公共健康危害较小的污染物两类,且采取不同的标准制定方法。在标准制定方面,主要是将有关科学共识转化为可执行的环境标准。为了避免环境标准的不确定性带来的不利影响,建立了包括科学论证、公开透明、周期性审查等较为严格的环境标准制定程序。美国赋予环境标准制度以控制环境与健康风险的功能,并通过建立以保障公共健康为核心的环境标准体系,实现对环境与健康风险有效控制的执法路径,对解决中国目前存在的环境标准价值缺失、体系割裂、内容缺失等问题,实现环境标准的功能再造具有较强的借鉴意义。     

美国环境与健康管理体制借鉴

美国为应对环境污染带来的公共健康灾难,建立了环保局与卫生部既分工又协作的体制,两个部门都关注环境污染对人类健康的危害。在职能上,环保局侧重于管制和"污染者",卫生部侧重于服务和"潜在受害者"。联邦层面,环保局与卫生部在管制方面和研究(信息共享)方面紧密合作。地方层面,环保局的主要职能是监督各州执行联邦标准,卫生部的主要职能是提供健康和医疗服务,并在具体工作中密切配合。借鉴美国的经验教训,明确建立"公众健康优先"的环境管理价值取向,针对环境与健康风险管理的特点推进生态环境统一监管机构改革,以法治思维和法治方法推进环境与健康治理体系建设;加强科学研究,加快建设环境与健康风险控制信息系统。     

关于美国城市环境管理的启示

城市环境管理是我国环保工作的重点之一,美国城市环境管理中的经验和教训,可以为我们提供一些借鉴。     

美国对石油天然气勘探开发中废物的环境监管

石油天然气勘探开发及生产过程中会产生大量的废物,对这些废物的管理目前受到各国高度的重视。文章介绍了美国石油和天然气勘探开发中废物的监管机构、监管要求和管理实践,以期对我国油气行业勘探开发废物的环境监管有所启示。     

美国环境应急管理制度简析

美国作为工业发达国家,经过百余年的发展,建立了世界领先的环境应急管理制度。自2005年松花江水污染事件爆发至今,我国的环境应急管理需求迫切,管理水平也在飞速提升。对美国的环境应急管理制度的分析能为我国环境应急管理工作提供借鉴。首先,美国设立了以宪法为根基,以应急管理法律法规为主要枝干,以针对突发性环境事件的专门性立法为具体内容的管理体系。其次,美国建立了包括总统、联邦应急管理署、美国国家环境保护局,以及州、县和地方政府中的管理机构在内的多层级应急管理系统。再次,美国基于国家应急系统(NRS)及其核心国家应急计划(NCP),为环境应急响应工作制定了清晰的工作流程。此外,美国还设立了超级基金,有助于有效解决应对环境突发事件的资金来源问题。2014年1月,美国西弗吉尼亚州发生埃尔克河化学品泄漏污染水源事件,通过将该污染事故作为案例进行分析,本文详细梳理了美国各层级政府对该污染事故的应急响应处理流程,体现出其具有的流程规范、分工清晰、属地处理、联邦支持等特点。     

Environmental fate and impacts of sulfometuron on watersheds in the southern United States

Dissipation of sulfometuron (SM), methyl 2-[[[[(4,6-dimethyl-2-pyrimidinyl)amino]carbonyl]amino]sulfonyl] benzoate, in streamflow, sediment, plant tissue, litter, and soil following operational forestry applications at the target rate of 0.42 kg a.i. ha(-1) was monitored. Streamflow samples were collected at a weir on the perimeter and 30, 60, and 150 m downstream from the perimeter of the application site. Sulfometuron was detected in streamflow at low levels up to 29 days after treatment (DAT) on the watershed treated with the 75% dispersible granule formulation (Oust; DuPont Chemical Company, Wilmington, DE) and less than 53 DAT on the watershed treated with the experimental formulation (1% pellet). Twenty-four-hour average SM concentration in water ranged from not detected to a maximum of 49.3 microg L(-1). Sulfometuron was not detected at quantifiable levels (1 microg L(-1)) 150 m downstream. Stream sediment, vegetation, litter, and soil were sampled periodically up to 180 DAT. All samples were analyzed for SM by high performance liquid chromatography. Sulfometuron dissipated from these watersheds with half-lives that ranged from 4 d in plant tissues to 33 d in soil. Acidic soil solution on these treated watersheds contributed to their rapid dissipation. Environmental impacts are discussed for these watersheds in the context of available toxicological data.     

Projected Climate Change Effects on Winterkill in Shallow Lakes in the Northern United States

2 was obtained from the output of the Canadian Climate Center General Circulation Model. To illustrate the effect of projected climate change on lake DO characteristics, we present herein DO information simulated, respectively, with inputs of past climate conditions (1961–1979) and with a projected 2 × CO₂ climate scenario, as well as differences of those values. Specific parameters obtained were minimum under-ice and lake bottom DO concentration in winter, duration of under-ice anoxic conditions (<0.1 mg/liter) and low DO conditions (<3 mg/liter), and percentage of anoxic and low DO lake volumes during the ice cover period. Under current climate conditions winterkill occurs typically in shallow eutrophic lakes of the northern contiguous United States. Climate warming is projected to eliminate winterkill in these lakes. This would be a positive effect of climate warming. Fish species under ice may still experience periods of stress and zero growth due to low DO (<3 mg/liter) conditions under projected climate warming.     

美国联邦财政环保支出经验借鉴

为应对当前环境保护工作所处的新阶段、新形势、新任务,在分析美国联邦财政环保支出特征的基础上,从加大环保专项资金投入、提高环境科技支出占比、强化重点领域环保支出、注重建立环保基金等方面,提出优化我国中央财政环保支出可供借鉴的四点经验。     

Managing United States Public Lands in Response to Climate Change: A View From the Ground Up

Federal land managers are faced with the task of balancing multiple uses and goals when making decisions about land use and the activities that occur on public lands. Though climate change is now well recognized by federal agencies and their local land and resource managers, it is not yet clear how issues related to climate change will be incorporated into on-the-ground decision making within the framework of multiple use objectives. We conducted a case study of a federal land management agency field office, the San Juan Public Lands Center in Durango, CO, U.S.A., to understand from their perspective how decisions are currently made, and how climate change and carbon management are being factored into decision making. We evaluated three major management sectors in which climate change or carbon management may intersect other use goals: forests, biofuels, and grazing. While land managers are aware of climate change and eager to understand more about how it might affect land resources, the incorporation of climate change considerations into everyday decision making is currently quite limited. Climate change is therefore on the radar screen, but remains a lower priority than other issues. To assist the office in making decisions that are based on sound scientific information, further research is needed into how management activities influence carbon storage and resilience of the landscape under climate change.     

Transnational environmental problems — The United States,Canada, Mexico

Summary The paper examines the problems associated with transboundary environmental pollution. While briefly recording the efforts of international organizations in this area, the main content of the paper is concerned with an analysis of problems arising between the United States and Mexico, and between the United States and Canada. The paper also discusses new organizational forms that have been developed to bring transboundary issues to a higher policy-making level.Professor Wilcher entered the academic profession after a career in government service. He holds Masters Degrees from West Virginia University and the University of Pittsburgh and a Doctoral Degree from West Virginia University. He is currently Assistant Professor of Political Science at The Pennsylvania State University, New Kensington Campus. He is the author ofEnvironmental Cooperation in the North Atlantic Area published by the University Press of America.     

Impacts of Multiple Stresses on Water Demand and Supply Across the Southeastern United States1

Abstract: Assessment of long‐term impacts of projected changes in climate, population, and land use and land cover on regional water resource is critical to the sustainable development of the southeastern United States. The objective of this study was to fully budget annual water availability for water supply (precipitation ? evapotranspiration + groundwater supply + return flow) and demand from commercial, domestic, industrial, irrigation, livestock, mining, and thermoelectric uses. The Water Supply Stress Index and Water Supply Stress Index Ratio were developed to evaluate water stress conditions over time and across the 666 eight‐digit Hydrologic Unit Code basins in the 13 southeastern states. Predictions from two Global Circulation Models (CGC1 and HadCM2Sul), one land use change model, and one human population model, were integrated to project future water supply stress in 2020. We found that population increase greatly stressed water supply in metropolitan areas located in the Piedmont region and Florida. Predicted land use and land cover changes will have little effect on water quantity and water supply‐water demand relationship. In contrast, climate changes had the most pronounced effects on regional water supply and demand, especially in western Texas where water stress was historically highest in the study region. The simulation system developed by this study is useful for water resource planners to address water shortage problems such as those experienced during 2007 in the study region. Future studies should focus on refining the water supply term to include flow exchanges between watersheds and constraints of water quality and environmental flows to water availability for human use.     

Structuring cooperative behavior under the National Environmental Policy Act of the United States

A trend is presently under way to streamline the compliance requirements of the National Environmental Policy Act of the United States through cooperative assessment procedures. Since the law was enacted in 1970, however, participants in the assessment process have tended to settle disagreements by adversarial rather than cooperative means. This study focuses on a highly acclaimed environmental assessment procedure undertaken by the U.S. Steel Corporation for its proposed $4.0 billion Lakefront Steel Plant. Survey research data were gathered to measure the underlying management philosophy perceived by interorganizational representatives, who attended a series of Technical Team meetings designed to coordinate the assessment effort and to open communication channels. A social psychological scale of behavioral dimensions was adapted from Likert to define the composition and the extent of cooperation at these meetings. A newly constructed scale was used to measure the quantity and quality of representation by each of the major organizations involved. Informal interviews were conducted with project participants to obtain further insight into member interaction. Results indicate that democratic problem solving was in evidence but also suggest a preference by respondents for improved procedures. The paper outlines areas of concern voiced by respondents and offers the means for improving the operating procedures of similar interorganizational environmental assessments.