THE MILWAUKEE POLLUTION CASE - IMPLICATIONS FOR WATER RESOURCES PLANNING1

ABSTRACT: The Illinois v. Milwaukee Federal District Court decision is the most far reaching application yet of the federal common law of nuisance to interstate water pollution conflicts. Although a Federal Appelate Court recently rescinded part of the district court decision, Milwaukee must still upgrade its metropolitan sewage system to a level beyond that required by federal and state regulations. The improvements must be completed with or without federal aid. The case points out the apparent inability of the Clean Water Act, the most comprehensive federal legislation affecting the nation's water quality, to deal with certain interstate water quality conflicts. The Milwaukee decision could set a precedent for similar settlements elsewhere which may in turn affect the U.S. Environmental Protection Agency's water quality clean up program. A more integrated, ecosystem conscious approach to management of shared water resources (e.g., the Great Lakes) would help reduce the need for court decisions like Illinois v. Milwaukee.     

Hydrological Connectivity Between Headwater Streams and Downstream Waters: How Science Can Inform Policy1

Abstract: In January 2001, the U.S. Supreme Court ruled that the U.S. Army Corps of Engineers exceeded its statutory authority by asserting Clean Water Act (CWA) jurisdiction over non‐navigable, isolated, intrastate waters based solely on their use by migratory birds. The Supreme Court’s majority opinion addressed broader issues of CWA jurisdiction by implying that the CWA intended some “connection” to navigability and that isolated waters need a “significant nexus” to navigable waters to be jurisdictional. Subsequent to this decision (SWANCC), there have been many lawsuits challenging CWA jurisdiction, many of which are focused on headwater, intermittent, and ephemeral streams. To inform the legal and policy debate surrounding this issue, we present information on the geographic distribution of headwater streams and intermittent and ephemeral streams throughout the U.S., summarize major findings from the scientific literature in considering hydrological connectivity between headwater streams and downstream waters, and relate the scientific information presented to policy issues surrounding the scope of waters protected under the CWA. Headwater streams comprise approximately 53% (2,900,000 km) of the total stream length in the U.S., excluding Alaska, and intermittent and ephemeral streams comprise approximately 59% (3,200,000 km) of the total stream length and approximately 50% (1,460,000 km) of the headwater stream length in the U.S., excluding Alaska. Hillslopes, headwater streams, and downstream waters are best described as individual elements of integrated hydrological systems. Hydrological connectivity allows for the exchange of mass, momentum, energy, and organisms longitudinally, laterally, vertically, and temporally between headwater streams and downstream waters. Via hydrological connectivity, headwater, intermittent and ephemeral streams cumulatively contribute to the functional integrity of downstream waters; hydrologically and ecologically, they are a part of the tributary system. As this debate continues, scientific input from multiple fields will be important for policymaking at the federal, state, and local levels and to inform water resource management regardless of the level at which those decisions are being made. Strengthening the interface between science, policy, and public participation is critical if we are going to achieve effective water resource management.     

Institutions for Interstate Water Resources Management1

Abstract:  This paper evaluates alternative approaches to management of interstate water resources in the United States (U.S.), including interstate compacts, interstate associations, federal‐state partnerships, and federal‐interstate compacts. These governance structures provide alternatives to traditional federalism or U.S. Supreme Court litigation for addressing problems that transcend political boundaries and functional responsibilities. Interstate compacts can provide a forum for ongoing collaboration and are popular mechanisms for allocating water rights among the states. Federal‐interstate compacts, such as the Delaware River Basin Compact and federal‐state partnerships, such as the National Estuary Program, are also effective and complementary approaches to managing water resources. However, all of these approaches can only make modest improvements in managing water resources given the complicated and fragmented nature of our federalist system of government.     

THE CONTINUING EVOLUTION OF AN AUSTRALIAN WATER RESOURCES POLICY1

ABSTRACT: Australia's extremely limited water resources highlight the need for policy guidelines for management. During the 1970s, there was the gradual evolution of a national water resources policy, facilitated by a nationally agreed statement of objectives and culminating in a federal policy statement presented in 1979. However, the Australian constitution gives major responsibility for water resources to the states. Further, the federal policy statement seems to assume that each state has a water resources policy and that it accords with the nationally agreed objectives. This is not the case, and the practical management of Australia's water resources falls short of the principles set out in the policy document. The River Murray, the nation's major water resource, provides ample evidence of this fact. With very limited water resources, Australia urgently needs to reduce the disparity between principle and practice in their management.     

State wetlands and riparian area protection programs

The protection of wetlands and riparian areas has emerged as an important environmental planning issue. In the United States, several federal and state laws have been enacted to protect wetlands and riparian areas. Specifically, the federal Clean Water Act includes protection requirements in Sections 301 and 303 for state water quality standards, Section 401 for state certification of federal actions (projects, permits, and licenses), and Section 404 for dredge and fill permits. The Section 401 water quality state certification element has been called the “sleeping giant” of wetlands protection because it empowers state officials to veto or condition federally permitted or licensed activities that do not comply with state water quality standards. State officials have used this power infrequently. The purpose of this research was to analyze the effectiveness of state wetland and riparian programs. Contacts were established with officials in each state and in the national and regional offices of key federal agencies. Based on interviews and on a review of federal and state laws, state program effectiveness was analyzed. From this analysis, several problems and opportunities facing state wetland protection efforts are presented.     

Evaluating the Outcomes of Collaborative Modeling for Decision Support

Does collaborative modeling improve water resource management outcomes? How does collaborative modeling improve these outcomes? Does it always work? Under what conditions is collaborative modeling most appropriate? With support from the U.S. Army Corps of Engineers' Institute for Water Resources (IWR), researchers developed an evaluation framework to help address these questions. The framework links the effects of collaborative modeling on decision‐making processes with improvements in the extent to which resource management decisions, practices, and policies balance societal needs. Both practitioners' and participants' experiences suggest that under the right circumstances, collaborative modeling can generate these beneficial outcomes. Researchers developed performance measures and a survey to systematically capture these experiences and evaluate the outcomes of collaborative modeling processes. The survey can provide immediate feedback during a project to determine whether collaborative modeling is having the desired effect and whether course correction is warranted. Over the longer term, the systematic evaluation of collaborative modeling processes will help demonstrate in what ways and under what circumstances collaborative modeling is effective, inform and improve best practices, and raise awareness among water resource planners regarding the use of collaborative modeling for resource management decisions.     

Striking the Balance Between Environment and Economy in Coastal North Carolina

A fundamental purpose of intergovernmental growth management has been to infuse regional concerns—especially regional environmental and economic development concerns—into local land use planning. This paper presents results from a study of state-mandated local planning in coastal North Carolina during the mid-1990s, addressing in particular local efforts to ‘strike a balance’ between environment and economy as required by the state's planning mandate. While acknowledging the need for coastal resource protection, coastal localities were not striking a balance between environment and economy through their planning efforts beyond stating support for the State's minimum resource protection rules. Within this context, key factors yielding less environmentally focused local planning included both local elected officials' concerns about the need for economic development for jobs and their belief that environmental protection was not a local problem. Factors that tended to shift local planning back toward environmental protection included local officials' perception that the local economy was in good shape and heightened citizen engagement.     

Biodiversity laws: State experiences

The Western Governors' Association (WGA) includes both the public lands states with their issues and the plains states, which are 98% privately owned. WGA deals with most legislation affecting biodiversity, whether the effect is direct or tangential. It will probably not be possible, or desirable, for one entity to be in charge of biodiversity conservation. The Endangered Species Act, public lands laws, agricultural laws, water law, environmental laws, and funding legislation all affect biodiversity conservation and the responsibility for it. None of them on their own are enough, and most can cause harmful unintended consequences for biodiversity. The experience of western states in developing consensus principles for reauthorization of the Endangered Species Act provides an example of common-sense ways to improve management of biodiversity, notwithstanding the complexity and large stakes involved. The WGA's proposed changes call for increasing the role of states, streamlining the act, and increasing certainty for landowners and water users. To achieve sustainable conservation for biodiversity, the better question is not “Who is/should be in charge?”, it is “How do we get this done?” To answer this, we need goals, guidance, and bottom lines from federal laws, and management and oversight at the state level, but they all need to support local on-the-ground partnerships. Sustainable conservation requires the active participation of those who live there. WGA's experience in coordinating the Great Plains Partnership as well as its work with watershed efforts shed light on what to expect. Multilevel partnerships are not easy and require a different way of doing business. The ad hoc, sitespecific processes that result do not lend themselves to being legislated, fit into organizational boxes, or scored on a budget sheet. They do require common sense and a longterm perspective.     

Nigerian Supreme Court and ownership of offshore oil

This article discusses the decision of the Supreme Court of Nigeria on the constitutional provision dealing with the sharing of revenues derived from natural resources located within the states of the Federation, the ‘derivation principle.’ Although the case relates to the interpretation of a constitutional provision, the arguments of the parties suggest that the real battle was — and still is — about the ownership and control of Nigeria's offshore oil. The article details the legal history and precedents as well as constitutional provisions relevant to the case. Disagreements arose over legal questions such as the seaward boundaries of littoral states (from which oil revenues are derived), and whether a distinction can be made between offshore and onshore oil revenues in applying a 13% constitutionally prescribed derivation principle. The article shows that, in its judgment, Nigeria's Supreme Court relied heavily on rules of international law, while failing to apply existing Nigerian laws and constitutional provision, and argues that the decision might have been different had the court investigated and invoked the legislative history of the provision in question, as required in Nigerian law. Furthermore, it is argued that the court was wrong to disregard the provision of the law which had abolished any distinction between onshore and offshore natural resources in the application of the derivation principle. The article concludes that the legal tug of war is set to continue for some years.     

Generating Co-Management at Kasha Katuwe Tent Rocks National Monument,New Mexico

Collaborative planning theory and co-management paradigms promise conflict prevention and the incorporation of indigenous knowledge into plans. Critics argue that without devolved power to culturally legitimate institutions, indigenous perspectives are marginalized. Co-management practice in North America is largely limited to treaty-protected fish and wildlife because federal agencies cannot devolve land management authority. This paper explores why the Pueblo de Cochiti, a federally recognized American Indian Tribe, and the U.S. Bureau of Land Management sustained an rare joint management agreement for the Kasha-Katuwe Tent Rocks National Monument in New Mexico despite a history of conflict over federal control of customary tribal lands that discouraged the Pueblo from working with federal agencies. Based on the participant interviews and documents, the case suggests that clear agreements, management attitudes, and the direct representation of indigenous forms of government helped achieve presumed co-management benefits. However, parties enter these agreements strategically. We should study, not assume, participant goals in collaborative processes and co-management institutions and pay special attention to the opportunities and constraints of federal laws and institutional culture for collaborative resource management with tribal and local communities.     

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。     

Using Social Media to Discover Public Values, Interests, and Perceptions about Cattle Grazing on Park Lands

In the western United States, livestock grazing often co-exists with recreation, cultural resource management and biodiversity protection on federal and state protected rangelands as well as on many local government open space areas. While the value of livestock grazing for managing rangeland vegetation to reduce fire fuel loads and improve wildlife habitat is increasingly recognized by resource management professionals, public concerns, and conflict between recreationist and livestock have led to reductions in public land grazing. Traditional public input methods yield a constrained picture of people’s attitudes toward cows and public land grazing. Public meetings, hearings, and surveys, the most commonly used mechanisms for public land managers to solicit public opinion, tend to foster participation of organized special interests or, in the case of surveys, focus on a specific topic. General public input is limited. This study explored the use of personal photography in social media to gain insight into public perceptions of livestock grazing in public spaces. Key findings of this study include that many recreationist in grazed San Francisco Bay Area parks shared views, interests, and concerns about cows and grazing on the photo-sharing website, Flickr^TM that seldom show up at a public meeting or in surveys. Results suggest that social media analysis can help develop a more nuanced understanding of public viewpoints useful in making decisions and creating outreach and education programs for public grazing lands. This study demonstrates that using such media can be useful in gaining an understanding of public concerns about natural resource management.     

城市垃圾分类与居民地方认同研究

垃圾无害化处理是环境治理不可或缺的一个环节，它不仅关系城市居民生存环境的健康程度，更直接影响公众对政府环境治理政策和治理效果的认知与评价。本文运用环境心理学理论，对折射出居民环境认知、个人偏好、预期目标和情感联系的地方认同进行问卷调查，发现社区居民对城市垃圾治理成效的评价及其对政府垃圾治理能力的评价与其地方认同呈正相关关系，同时，居民对政府关于垃圾治理法律法规的认同也能增强其地方认同感。本文建议，未来关于地方认同的研究需要聚焦于城市环境治理政策的传播效果，总结和归纳城市居民对环境治理成效的归因模式与其地方认同之间的交叉关系。     

Reasonable Use?: The Challenges of Transboundary Groundwater Regulation in the Eastern United States

Regulating groundwater in the Eastern United States (U.S.), particularly transboundary aquifers between states, is a challenge given the patchwork quilt of common law, statutory frameworks, and agency rules. Such regulation is made more challenging by the need for better quantification of pumping and use. These dynamics are exemplified through several case studies, including the first ever U.S. Supreme Court case related to groundwater withdrawals (set in the Eastern U.S.). As dynamics such as expanded irrigation, population increases, and ecological considerations influence groundwater use across the Eastern U.S., water use will continue to be an important driver for economic activity and interaction within and between states. To effectively regulate transboundary aquifers, governance solutions must incorporate current science into decision making and be implemented at local, state, regional, and federal scales.     

Understanding Factors That Influence Stakeholder Trust of Natural Resource Science and Institutions

Building trust between resource users and natural resource institutions is essential when creating conservation policies that rely on stakeholders to be effective. Trust can enable the public and agencies to engage in cooperative behaviors toward shared goals and address shared problems. Despite the increasing attention that trust has received recently in the environmental management literature, the influence that individual cognitive and behavioral factors may play in influencing levels of trust in resource management institutions, and their associated scientific assessments, remains unclear. This paper uses the case of fisheries management in the northeast to explore the relationships between an individual’s knowledge of the resource, perceptions of resource health, and participatory experience on levels of trust. Using survey data collected from 244 avid recreational anglers in the Northeast U.S., we test these relationships using structural equation modeling. Results indicate that participation in fisheries management is associated with increased trust across all aspects of fisheries management. In addition, higher ratings of resource health by anglers are associated with higher levels of trust of state and regional institutions, but not federal institutions or scientific methods.     

A CRITIQUE OF WATERSHED MANAGEMENT EFFORTS IN THE LOWER MISSISSIPPI ALLUVIAL PLAIN1

ABSTRACT: Integrated watershed management in the Lower Mississippi Alluvial Plain (Delta) requires blending federal, state, and local authority. The federal government has preeminent authority over interstate navigable waters. Conversely, state and local governments have authority vital for comprehensive watershed management. In the Delta, integrating three broad legal and administrative regimes: (1) flood control, (2) agricultural watershed management, and (3) natural resources and environmental management, is vital for comprehensive intrastate watershed, and interstate river basin management. Federal Mississippi River flood control projects incorporated previous state and local efforts. Similarly, federal agricultural programs in the River's tributary headwaters adopted watershed management and were integrated into flood control efforts. These legal and administrative regimes implement national policy largely in cooperation with and through technical and financial assistance to local agencies such as levee commissions and soil and water conservation districts. This administrative infrastructure could address new national concerns such as nonpoint source pollution which require a watershed scale management approach. However, the natural resources and environmental management regime lacks a local administrative infrastructure. Many governmental and non governmental coordinating organizations have recently formed to address this shortcoming in the Delta. With federal and state leadership and support, these organizations could provide mechanisms to better integrate natural resources and environmental issues into the Delta's existing local administrative infrastructure.     

Ecological planning: A review

Beginning with the passage of the National Environmental Policy Act in 1969, the federal government of the United States has enacted numerous pieces of legislation intended to protect or conserve the environment. Other national governments have also enacted environmental legislation during the past two decades. State and local governments have also adopted policies concerned with environmental planning and management. Multiple laws and overlapping governmental agency responsibilities have confused development and resource management efforts. A comprehensive methodology that integrates the legal mandates and the agency missions into a common and unified framework is needed. Ecological planning offers such a method. Application of the method allows planners and resource managers to better understand the nature and character of the land and/or resource and therefore make better decisions about its appropriate use or management. The steps taken in an ecological planning process—1) goal setting, 2) inventory and analysis of data, 3) suitability analysis, 4) developing alternatives, 5) implementation, 6) administration, and 7) evaluation—are outlined and explained. Hand-drawn overlays and computer programs as techniques for handling ecological planning information are compared. Observations and suggestions for further research are offered.     

The rise and fall of the nature conservation movement in Japan in relation to some cultural values

The Japanese are traditionally regarded as nature-loving people, living in “harmony” with nature. However, this assumption is difficult to accept when observing the environmental problems in Japan. How can one explain the incongruities? Has the Japanese people's attitude toward nature changed as Japan has modernized? Is the concept of the nature-loving Japanese merely a myth? Is there another reason to explain this contradiction? This study shows political and economic origins of the paradox. The origin of the Japanese traditional idea of nature is fear and reverence of nature based on a primitive religion that developed in a rural subsistence living situation. Aesthetic and spiritual values of nature for cultural, educational, and intellectual entertainment were developed by the ruling class in the seventh century. Japan's first nature conservation movement, imported from the West, developed among the intellectual community and was advocated and promoted by the elite in the Meiji period (1868–1911). However, because deep commitment was lacking, the movement was abused by the military government before World War II. In the early 1970s the nature conservation movement seemed to be on the ascendancy, mainly because it was combined with the antipollution movement claiming the basic rights of survival. The Japanese nature conservation movement is still in the embryonic stage; in the future, the blending of some traditional resource management with the scientific philosophy of nature conservation may help promote the new wave of nature conservation in Japan.     

PLANNING FOR DROUGHT: THE ROLE OF STATE GOVERNMENT1

ABSTRACT: Although droughts are a frequent occurrence over much of the United States, response by state and federal government has been ineffective and poorly coordinated. Recently, several states have recognized the value of drought emergency planning and have developed plans to assist them in responding more effectively to prolonged periods of water shortage. These states have created an organizational structure to coordinate the assessment and response activities of state and federal agencies. Each state's drought response plan is unique since each state's water supply and management problems, and their consequent impacts, are unique. The drought response plans developed by Colorado, South Dakota and New York are reviewed here in detail. We recommend that other states affected by frequent and severe water shortages also develop drought emergency plans. These plans will enhance state government's ability to implement effective measures in a timely manner and, ultimately, may provide added incentive for the federal government to develop the national drought response plan called for by the General Accounting Office in 1979.     

Revisiting the Meaning and Purpose of the “National Park Service Organic Act”

National parks have long endured controversy concerning their fundamental purpose. Is their purpose to conserve natural resources and scenery? Provide for the use and enjoyment of people? Or balance conservation with use and enjoyment? Most people involved in the controversy have taken a view that supports one of the three purposes above. In this article, I contend that the fundamental mandate for parks is conservation of natural resources and scenery but that the mandate is “weak” both as a matter of law as well as because of other factors that weaken it.