土地征收中公共利益的界定

土地征收中的公共利益在现行立法中的表述具有极大的模糊性,从土地征收、土地征收中界定公共利益的若干原则及可行性方案等几个方面进行论述,以期解决这个司法审查和行政执法中棘手的问题。     

(Not) talking about justice: justice self-recognition and the integration of energy and environmental-social justice into renewable energy siting

Renewable energy often provokes heated debate on climate change, energy security and the local impacts of developments. However, how far such discussions involve thorough and inclusive debate on the energy and environmental-social justice issues associated with renewable energy siting remains ambiguous, particularly where government agendas prioritise renewable energy and planning systems offer limited opportunities for public debate on value-based arguments for and against renewable energy developments. Using the concept of justice self-recognition, we argue for greater attention to public discussion of the justice dimensions of renewable energy to assist in developing mechanisms to integrate distributive and procedural fairness principles into renewable energy decision-making. To explore how justice is currently invoked in such contexts, we examine recent U.K. policies for renewable energy and public submissions to applications for small-scale wind energy projects in Cornwall, U.K. The analysis of public comments revealed that justice concerns were rarely discussed explicitly. Comments instead did not raise concerns as justice issues or focused implicitly on distributive justice, stressing local aesthetic, community and economic impacts, clean energy and climate change. However, the findings indicated limited discussion of procedural or participatory justice, an absence that hampers the establishment of coherent procedures for deciding acceptable impacts, information standards, public participation and arbitrating disputes. We conclude by suggesting procedural reforms to policy and planning to enable greater public expression of justice concerns and debate on how to negotiate tensions between energy and environmental-social justice in renewable energy siting decisions.     

Nuclear waste facilities on Tribal Land: The Yami's struggles for environmental justice

Abstract

This paper examines environmental justice in the context of nuclear waste controversies on Orchid Island, Taiwan. The Yami's anti-nuclear waste movement is a manifestation of problems of distributional inequity, lack of recognition, and limited participation of the tribespeople in decision making. These are interwoven in political and social processes. In addition, the disputes over the nuclear waste problem between the Yami and Taiwanese groups also show the historical and socioeconomic complexity of environmental justice. This study argues that a democratic and participatory procedure is likely to bring recognition or help the situation of lack of recognition improve, which could facilitate more just distribution. Building partnerships and networking within a variety of indigenous environmental organizations as well as other Taiwanese environmental organizations could help to transform the Orchid Island community and the Taiwanese society in the direction of environmental justice.     

Nuclear waste facilities on Tribal Land: The Yami's struggles for environmental justice

This paper examines environmental justice in the context of nuclear waste controversies on Orchid Island, Taiwan. The Yami's anti-nuclear waste movement is a manifestation of problems of distributional inequity, lack of recognition, and limited participation of the tribespeople in decision making. These are interwoven in political and social processes. In addition, the disputes over the nuclear waste problem between the Yami and Taiwanese groups also show the historical and socioeconomic complexity of environmental justice. This study argues that a democratic and participatory procedure is likely to bring recognition or help the situation of lack of recognition improve, which could facilitate more just distribution. Building partnerships and networking within a variety of indigenous environmental organizations as well as other Taiwanese environmental organizations could help to transform the Orchid Island community and the Taiwanese society in the direction of environmental justice.     

Environmental justice: Co-evolution of environmental concerns and social justice

Summary This paper describes the co-evolution of environmental concerns with civil rights. Over the last 20 years the two issues have found considerable overlap in what is now called the environmental justice movement. The results are exciting, with implications about decision-making, about protecting both environmental quality and civil rights. The promotion of environmental justice spurs social progress. Safeguarding the health of the environment(s) reinforces civil rights.The opinions in this paper are those of the authors and not necessarily those of the institutions with which they are affiliated.     

Public Evaluation of Open Space in Illinois: Citizen Support for Natural Area Acquisition

Numerous studies have indicated a broad-based support for open space preservation and protection. Research also has characterized the public values and rationale that underlie the widespread support for open space. In recognition of the widespread public support for open space, various levels of government have implemented programs to provide public access to open space. There are many different types of open space, ranging from golf courses, ball parks, wildlife areas, and prairies, to name a few. This paper addresses questions related to the types of open space that should be prioritized by planners and natural resource managers. The results of this study are based on a stratified random sample of 5000 households in Illinois that were sent a questionnaire related to their support for various types of open space. Through a comparatively simple action grid analysis, the open space types that should be prioritized for public access include forest areas, stream corridors, wildlife habitat, and lakes/ponds. These were the open space types rated of the highest importance, yet were also the open space types rated the lowest in respondent satisfaction. This kind of analysis does not require the technical expertise of other options for land-use prioritizations (e.g., conjoint analysis, contingent valuation), yet provides important policy directives for planners. Although open space funds often allow for purchase of developed sites such as golf courses, ball parks, and community parks, this study indicates that undeveloped (or nature-based) open space lands are most needed in Illinois.     

Users' views of hospital environmental quality: Validation of the Perceived Hospital Environment Quality Indicators (PHEQIs)

Environmental Quality Perception (EQP) is an important construct used to help to understand the relationship between people and the hospital environment. From a patient-centered care perspective, it is important that hospital design take into account the patients' (and other users') point of view. This paper presents the adaptation and validation of a measure of hospital EQP, the Perceived Hospital Environment Quality Indicators (PHEQIs; Fornara, Bonaiuto, & Bonnes, 2006), and seeks to confirm the factor structure of this construct in a different cultural context. Three scales, two focusing on physical environments and one evaluating the social environment, were completed by 562 users of four orthopedic units in Portuguese hospitals, two older and two recently built or renovated. To assess criterion validity, hospital physical environments were also objectively evaluated by two architects. Using a confirmatory factor analysis the three validation procedures produced acceptable fit indices in the final measurement models. Overall reliability values were satisfactory, as was the evidence for criterion validity. PHEQIs scales and factors correlated with global evaluation of the environment, supporting concurrent criterion validity; and predictive criterion validity was demonstrated given that users of older and newer hospitals differed significantly on the perception of quality of hospital EQP, and that high congruence between users' and experts' evaluations was found. Discriminant construct validity was supported, and some difficulties in showing convergent validity are discussed in terms of item formulation adequacy. Implications for research and practice are described.     

Public and occupational risks of the Nevada (USA) Test Site

The Nevada Test Site (NTS), north of Las Vegas, was the scene of hundreds of nuclear weapons tests over four decades, both above- and belowground. There is considerable interest, both in neighboring communities and elsewhere, in the risks it poses. Overall, the greatest risks are nonradioactive in origin, with occupational risks to employees and accident risks in transporting low-level nuclear wastes to the NTS from other Department of Energy (DOE) sites ranking highest. For radiation risks, that to workers handling radioactive materials is much higher than that to the surrounding population, either present or future. Overall, annual risks are small, with all fatalities approximately 0.008% of total Nevada deaths. At the NTS, the government spends about 5000 times more on radiation as opposed to nonradiation deaths. This suggests that at least some resources may be misallocated towards cleanup of public risks and that the occupational risk of cleanup may be much higher than the public risk. Thus risk may be multiplied by well-meaning programs.     

陆海统筹视域下海洋与陆地环境民事公益诉讼协同研究

海洋环境民事公益诉讼与环境民事公益诉讼系特殊与一般的关系,海洋环境问题较强的涉外属性决定了海洋环境民事公益诉讼在适格主体、管辖法院等方面存在特殊的规定,此种特殊规定不宜废除。但海洋环境民事公益诉讼与环境民事公益诉讼双轨并行的关系造成了海陆交叉污染案件存在适格主体、管辖等争议,且存在两诉协同上的挑战。导致这一问题的根本原因在于,海洋环境民事公益诉讼的受案范围限制在地理概念上的海域,这割裂了同一污染行为下陆地与海洋的联系。陆海统筹理念要求打通陆地与海洋之间的联系,以陆海一体化保护海洋生态环境。在这一理念的指导下,可对海洋环境民事公益诉讼受案范围进行陆海一体化调整,以克服陆地与海洋环境民事公益诉讼双轨并行造成的协同问题。具体而言,在海陆交叉污染案件中可以损害发生地为判断标准,当损害发生地在海洋时,则以海统陆,属海洋环境民事公益诉讼受案范围;当损害发生地在陆地时,则以陆统海,属环境民事公益诉讼受案范围。     

浅谈以公共交通为导向的土地利用模式

本文通过对城市土地利用和城市交通规划相互关系的分析,探讨解决城市交通问题的合理用地模式,提出了要以公共交通来引导城市土地的利用,并探讨了在我国建立公共交通导向的城市土地利用形态的策略与途径。     

Shrub Encroachment Impacts the Potential for Multiple Use Conflicts on Public Land

Public rangelands in North America are typically managed under a multiple use policy that includes livestock grazing and wildlife management. In this article we report on the landscape level extent of grassland loss to shrub encroachment in a portion of the Rocky Mountain Forest Reserve in southwestern Alberta, Canada, and review the associated implications for simultaneously supporting livestock and wildlife populations while maintaining range health on this diminishing vegetation type. Digitized aerial photographs of 12 km of valley bottom from 1958 and 1974 were co-registered to ortho-rectified digital imagery taken in 1998, and an un-supervised classification used to determine areas associated with grassland and shrubland in each year. Field data from 2002 were over-layed using GPS coordinates to refine the classification using a calibration-validation procedure. Over the 40-year study period, open grasslands declined from 1,111 ha in 1958 to 465 ha in 1998, representing a 58% decrease. Using mean production data for grass and shrub dominated areas we then quantified aggregate changes in grazing capacity of both primary (grassland) and secondary (shrubland) habitats for livestock and wildlife. Total declines in grazing capacity from 1958 to 1998 totaled 2,744 Animal Unit Months (AUMs) of forage (−39%), including a 58% decrease in primary (i.e., open grassland) range, which was only partly offset by the availability of 1,357 AUMs within less productive and less accessible shrubland habitats. Our results indicate shrub encroachment has been extensive and significantly reduced forage availability to domestic livestock and wildlife, and will increase the difficulty of conserving remaining grasslands. Although current grazing capacities remain marginally above those specified by regulated grazing policies, it is clear that continued habitat change and decreases in forage availability are likely to threaten the condition of remaining grasslands. Unless shrub encroachment is arrested or grassland restoration initiated, reductions in aggregate ungulate numbers may be necessary.

Perceived and actual wildfire danger: An economic and spatial analysis study in Colorado (USA)

Over the last 20 years, costs for wildfire initial attack in the U.S. have increased significantly. The increased cost relates to wildfire suppression practices, as well as the growing number of homes in the wildland urban interface. Requiring wildland urban interface residents to pay an annual tax for their wildfire risk could lower costs to the general taxpayer. Willingness-to-pay for wildfire prevention, in relation to both perceived and actual wildfire danger, was the focus of this study. Surveyed Colorado wildland urban interface residents were found to have a high awareness of wildfire risk and were willing-to-pay over $400 annually to reduce this risk. Respondents' beliefs about wildfire frequency were comparable to the wildfire regimes of their areas' pre-European settlement.     

四川石灰岩地区土地资源的开发利用

本文分析了四川石灰岩地区土地资源的特点和利用存在的问题,提出了土地资源的主要开发利用途径:①根据石灰土的生产特性,发展喜钙作物和多种经济林果木;②发挥林地优势,封山育林,创造良好的生态环境;③利用草山草坡,发展养牛、养羊;④改造低产田土,防治水土流失,培肥土壤;⑤开发利用岩溶水资源,解决石灰岩地区缺水问题,提高土地利用率;⑥开发岩溶地貌的山水风景,发展旅游事业。     

环保NGO：推动公众参与环保的主力军

自1992年联合国环境与发展大会以来,中国环保事业最令人瞩目的变化之一,就是环保NGO的兴起。作为公益性的民间组织,     

多目标排队决策法——在大连地区土地利用结构调整中的应用

本文采用多目标排队决策法对专家的咨询意见进行了定量处理,从各用地部门的经济、生态和社会效益出发,确定了他们的优先级,并结合土地利用现状对今后的土地利用结构作出了合理的调整规划设想。     

Environmental justice for the governance of aquatic environments

Environmental justice sheds light on the distributive and procedural aspects of planning and decision-making. We examined the challenges arising from the perspective of environmental justice on multi-level and participatory environmental governance by exploring the governance of aquatic environments in the Helsinki Metropolitan Area. We found three main challenges and potential responses to them. First, even though most of Helsinki’s shoreline is free and/or accessible by road and accordingly used actively by people for recreational purposes, many parts of the shoreline are perceived as inaccessible, reflecting a need to combine factual and perceived accessibility of aquatic environments in detail during the planning processes and to discuss reasons for possible discrepancies between these two. Second, there was a remarkable seasonal variation in the use of aquatic environments, so more attention should be paid to social-demographic factors explaining the distribution of the use of urban nature. Third, it seems to be difficult to capture the variety of perceptions of people and to integrate them into planning and decision-making processes even on a local scale, and this challenge is likely even more pronounced on higher levels of planning and governance. Thus, better integration of regional and local-scale planning procedures should be encouraged. Building on these observations, we conclude that integration of procedural and distributive environmental justice into the practices of the governance of aquatic environments could remarkably decrease unwanted trade-offs and potential conflicts in their use and management.