The eclipse of NEPA as Environmental Policy

Previous evaluations of the National Environmental Policy Act (NEPA) have focused on the effectiveness of its procedural requirements in improving the quality of decision making with respect to environmental matters. Subsequent growth of other environmental regulation and the changing role of Environmental Impact Statements in the decision-making process should also be considered. The many federal and state environmental laws passed in the 1970s have, by defining the nature and acceptability of environmental impact and prohibiting unacceptable impacts, superseded the substantive role of NEPA in environmental protection. Although the EIS continues to serve as a focus for public debate regarding proposed government actions, such debates usually center around social or economic rather than environmental issues. NEPA has thus been superseded by other environmental laws, and its role in the decision-making process today has little relation to its earlier environmental significance.     

Siting America's geologic repository for high-level Nuclear Waste: Implications for environmental Policy

Siting a geologic repository for isolating highlevel nuclear waste up to 10,000 years is a controversial undertaking never before attempted in the United States. The Nuclear Waste Policy Act of 1982 exempted repository siting from important requirements for environmental review under the National Environmental Policy Act. In December 1987, the Nuclear Waste Policy Amendments Act identified Yucca Mountain as the first site to be characterized for a high-level nuclear waste repository. In light of the unproven nature of the technology being evaluated, the scientific uncertainties associated with Yucca Mountain, and the lack of proven methods for risk evaluation, the environmental policies for repository siting represent a significant departure from more traditional, comprehensive, and interdisciplinary environmental review for siting nuclear projects. The policies warrant further study by those interested in how present as well as future decisions about complex technologies may be made.     

Protecting endangered species under future climate change: From single-species preservation to an anticipatory policy approach

Anthropogenic climate climate change presents a unique challenge for endangered species policy and an opportunity for policy makers to develop a more predictive and robust approach to preserving the nation's biological resources. Biological and ecological reactions to shifting climate conditions and the potential feedbacks and synergistic effects of such changes may threaten the well-being of many species, particularly of those already in jeopardy of extinction. The United States Endangered Species Act of 1973 will fail to keep pace with increasing numbers of species needing protection as long as it remains focused on protecting species individually. The actmust not be abandoned, however; it holds tremendous promise for preserving biological diversity through a more proactive, anticipatory perspective. The current Endangered Species Act should be reinforced and improved by better integration of scientific expertise into habitat and community preservation listing decisions and recovery plan devlopment. Given the uncertainties surrounding long-term environmental consequences of human activities and resource use, a longer-term perspective must be integrated into all efforts to protect our biotic resources. Under appointment from the Graduate Fellowships for Global Change administered by the Oak Ridge Institute for Science and Ecducation for the US Department of Energy.     

Cumulative silvicultural impacts on watersheds: A hydrologic and regulatory dilemma

Because of the nature of watersheds, the hydrologic and erosional impacts of logging and related road-building activities may move offsite, affecting areas downslope and downstream from the operation. The degree to which this occurs depends on the interaction of many variables, including soils, bedrock geology, vegetation, the timing and size of storm events, logging technology, and operator performance. In parts of northwestern California, these variables combine to produce significant water quality degradation, with resulting damage to anadromous fish habitat.Examination of recent aerial photographs, combined with a review of public records, shows that many timber harvest operations were concentrated in a single 83 km² watershed in the lower Klamath River Basin within the past decade. The resulting soil disturbance in this case seems likely to result in cumulative off-site water quality degradation in the lower portion of the Basin.In California, both state and federal laws require consideration of possible cumulative effects of multiple timber harvest operations. In spite of recent reforms that have given the state a larger role in regulating forest practices on private land, each timber harvest plan is still evaluated in isolation from other plans in the same watershed. A process of collaborative state-private watershed planning with increased input of geologic information offers the best long-term approach to the problem of assessing cumulative effects of multiple timber harvest operations. Such a reform could ultimately emerge from the ongoing water quality planning process under Section 208 of the amended Federal Water Pollution Control Act.     

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.     

ENVIRONMENTAL IMPACT MITIGATION UNDER THE CLEAN WATER ACT AND THE NATIONAL ENVIRONMENTAL POLICY ACT: THE CASE OF TWO FORKS DAM1

ABSTRACT: The role of environmental mitigation in permitting decisions under Section 404 of the Clean Water Act and the National Environmental Policy Act is examined, addressing the extent to which compensatory mitigation is acceptable. The role of mitigation is examined both generically and specifically: first in the requirements of the Clean Water Act and NEPA, and then in the case study of the proposed Two Forks Dam. In both cases, the paper describes dual purposes of environmental protection legislation and mitigation: to protect the biophysical environment and maintain associated human values. Mitigation is found to be sometimes necessary and acceptable as compensation for unavoidable impacts of project development. However, the Two Forks case exemplifies that compensatory mitigation has also been employed as a mechanism to facilitate project development when practicable alternatives entailing less environmental impact are available. Acceptance of compensatory mitigation in such cases violates both the Guidelines of the Clean Water Act and the intent of that Act and NEPA to protect the biophysical environment and human welfare. A recent memorandum of agreement between the Corps and the EPA clarifies this policy, and suggests that permit applications which rely on compensatory mitigation when impacts are available may be denied.     

Environmental management and firm performance: a case study

This study has as its aim to help to clarify the relationship between environmental management and economic performance by integrating it into a wider framework that includes the relationship between environmental strategy and firm performance, the latter being understood as the combination of environmental performance, competitive advantage and economic performance. A case study of the COATO farming cooperative showed us that its environmental management, focused on prevention logic, has had a positive net effect on its environmental performance. Besides, the order in which these practices were adopted favoured the development of new organisational capabilities that have contributed to the appearance of advantages derived from the greater accumulated experience of employees in creating new projects that are designed to reduce residues and pollution. COATO has also obtained a competitive advantage in differentiation thanks to an improved brand image and to its increased credibility in business relationships. Finally, a positive correlation exists between the pioneering proactive strategy adopted by this cooperative and the improvement of its firm performance with respect to the other firms in its sector.     

Timber harvest calculations on a National Forest: A case study

Harvest calculations determine sawtimber flows from public lands and are closely scruntinized by a wide spectrum of forest users. This study examines the reliability of harvest calculations on a single national forest in New Mexico Forest Service determinations of an array of variables were reviewed and evaluated. The study revealed a lack of precision in Forest Service adherence to self-imposed procedural standards governing the calculation process. Timber sales have taken place on lands where such standards prohibit harvesting and these lands have been included in annual harvest calculations. Assumptions required by a mathematical model used by the Forest Service in calculating the harvest were not followed in the subsequent implementation of the harvest level. These factors suggest that the Forest Service could have significantly over-stated annual harvest rate for the first decade. Opportunities exist to improve the calculation, and benefits realized may greatly exceed additional costs of implementation     

Environmental strategies: A case study of systematic evaluation

A major problem facing environmental managers is the necessity to effectively evaluate management alternatives. Traditional environmental assessments have emphasized the use of economic analyses. These approaches are often deficient due to difficulty in assigning dollar values to environmental systems and to social amenities. A more flexible decisionmaking model has been developed to analyze management options for coping with beach erosion problems at the Sandy Hook Unit of Gateway National Recreation Area in New Jersey. This model is comprised of decision-making variables which are formulated from a combination of environmental and management criteria, and it has an accept-reject format in which the management options are analyzed in terms of the variables. Through logical ordering of the insertion of the variables into the model, stepwise elimination of alternatives is possible. A hierarchy of variables is determined through estimating work required to complete an assessment of the alternatives for each variable. The assessment requiring the least work is performed first so that the more difficult evaluation will be limited to fewer alternatives. The application of this approach is illustrated with a case study in which beach protection alternatives were evaluated for the United States National Park Service.Portions of this paper have been excerpted from Sherman and Garès (1978).     

Environmental Management and the New Politics of Western Water: The Animas-La Plata Project and Implementation of the Endangered Species Act

/ This paper explores the new politics of western water policy through an examination of the Animas-La Plata water project and implementation of the Endangered Species Act. It is suggested that the focus of western water programming has shifted from the source of distributed funds, the United States Congress, to the agencies originally created to deliver federal benefits because funding for new project construction has not been forthcoming. Under this new system, members of Congress continue to excite their constituents with promises of money for new project starts, while the administrative agencies perform the myriad duties needed to keep these projects alive. The result is that political objectives have replaced operational/management objectives in administrative processes. In this case, the author demonstrates how resource managers in the Bureau of Reclamation manipulated hydrological analysis to control administrative process, why their manipulation was unfair, and perhaps illegal, and why biologists from the US Fish and Wildlife Service accepted the analysis. While ostensibly protecting all interests, the result is that none of the objectives of federal water programming are achieved. KEY WORDS: Environmental management; Administrative politics; Water policy; Endangered Species Act; Animas-La Plata, Bureau of Reclamation     

Serving the Common Interest in U.S. Forest Policy: A Case Study of the Healthy Forests Restoration Act

In the United States, the common interest often is conceived as a by-product of the pluralist, interest-group-driven democratic process. Special interests dominate in many political arenas. Consequently, we have lost the language, vocabulary, and ability to talk about the common interest. The way to reverse this trend is to develop and practice with new tools that allow us to articulate what we mean by the common interest in specific contexts. In this article, we leveraged the literature on procedural, substantive, and pragmatic decision making to illustrate how they work together to demonstrate whether and how the common interest was served in three case studies of Healthy Forests Restoration Act implementation on the Apache-Sitgreaves National Forest in Arizona. In two of the cases we found that the common interest was mostly served, while in the third case it was not. Our results raise questions about the ability of procedural criteria or substantive criteria alone to determine effectiveness in decision making. When evaluated together they provide a more complete understanding of how the common interest is or is not served.

Environmental policy indicators: A systems model

This article describes and tests a systems theory-based policy indicators model. The framework is used to examine propositions about linkages between states' ecological-spatial characteristics and subsequent selected solid waste management (SWM) -related environmental policies. It was hypothesized that state characteristics of: (1) population density (used as a garbage-per-land area index), (2) population convergence within urban areas, and (3) percent population change in the interval 1980–1985, could jointly explain state variation in both the number and the vigor of SWM policy outputs. Greater levels of spatial pressure were proposed to be related directly to more numerous, more convincing policies. Proposals are grounded in the literature of organizational search theory, crisis stimulation, and technological pressure. Results revealed that the sociospatial model in fact could explain a reasonable proportion of policy variation across states. However, not all hypotheses are supported. Population change shows an indirect, rather than the anticipated direct, relationship with policy output levels. In addition, when used in the model as a pollution intensity index, population density failed to contribute significantly to an explanation of differences in state SWM policy levels. The analysis raises questions about changes occurring over time in the nature and direction of linkages between sociospatial measures and policy responses. This study suggests that strengthening policy indicator models may require questioning key assumptions and theoretical bases, conducting longitudinal studies, and factoring in political, economic, and other policy environment forces.     

Environmental accounting for waste management: A study of local governments in Australia

Local governments in Australia, especially in large urban areas, have faced a challenge of the growing quantity of waste generated and the diminishing space for waste disposal in recent years. The central government has demonstrated the importance of developing strategies to make full environmental costs and impacts of waste disposal and material recovery accountable for waste management decision-making. However, research into this field is limited. This paper investigates environmental accounting practices in local government waste management. From a survey conducted with local government authorities in New South Wales (NSW) Australia, it is found that overall the level of direct waste flow and activity accounting is higher than the level of hidden and external environmental cost accounting, though local governments tend to identify and use more physical information associated with waste flows and activities than relevant monetary information. External environmental impacts of waste disposal are often overlooked and show the lowest level of practices. The survey results also indicate that urban local governments have taken more environmental information into account than rural local governments, but such difference is not significant between local governments of different sizes. The complexity of waste technical services and operations is confirmed to have a positive and significant effect on the level of environmental accounting for waste management across local governments surveyed.     

Environmental Policy Implementation in Rural China: A Case Study of Yuhang, Zhejiang

The rapid growth of rural enterprises has transformed the Chinese countryside. Although rural industrialisation has resulted in increased financial well-being, it has also contributed to decreased environmental quality. While China has strong environmental protection laws, this paper will demonstrate that they are not being effectively implemented in a rural region in Zhejiang Province. This is due to a number of social, political, and economic barriers that prevent agencies from effectively enforcing environmental policies and regulatory mechanisms. This paper investigates the implementation of China's environmental policies through a case study in Yuhang County, Zhejiang Province. It demonstrates that the implementation of environmental impact assessment, discharge fees, and limited time treatment is limited by inadequate technology, low finances, limited human resources, poor public environmental awareness, faulty data, inferior agency reports, organizational conflict, relations based on guanxi, and low discharge fee prices.     

Environmental justice: A louisiana case study

The paper begins with a brief analysis of the concepts of environmental justice and environmental racism and classism. The authors argue that pollution- and environment-related decision-making is prima facie wrong whenever it results in inequitable treatment of individuals on the basis of race or socio-economic status. The essay next surveys the history of the doctrine of free informed consent and argues that the consent of those affected is necessary for ensuring the fairness of decision-making for siting hazardous facilities. The paper also points out that equal opportunity to environmental protection and free informed consent are important rights. Finally, it presents a case study on the proposed uranium enrichment facility near Homer, Louisiana and argues that siting the plant would violate norms of distributive equity and free informed consent. It concludes that siting the facility is a case of environmental injustice and likely an example of environmental racism or classism.     

Environmental considerations in Swedish Forestry: A study of the administrative process

This report briefly describes the implementation process involving nature conservation considerations in forestry, according to a recently passed law in Sweden. Described are the forestry and political systems in Sweden regarding nature conservation in forestry, as well as of the administrative process involved when a forest is going to be clearcut. Conclusions are based upon the conditions and outcome of two clearcutting cases outlined in this report, and are focused on the interactions and control functions among various agencies and levels of government. The policy on the consideration of nature in forestry is, to a large extent, formed at a very low level in the bureaucracy and is subject to negotiation from case to case. Checkups between different agencies as a form of concurrent government become important means of implementing environmental considerations in forestry, having the split roles and interests of the authorities in mind.     

Balancing environmental and industry sustainability: A case study of the US gold mining industry

Mandatory insurance requirements and/or mitigation fees (royalties) for mining companies may help reduce environmental risk exposure for the federal government. Mining is examined since the Environmental Protection Agency (EPA) Toxic Release Inventory reveals that this sector produces more hazardous waste than any other industrial sector. Although uncommon, environmental expense can exceed hundreds of millions of dollars per development. Of particular concern is the potential for mines to become unfunded Superfund sites. Monte Carlo simulation of risk exposure is used to establish a plausible range of unfunded federal liabilities associated with cyanide-leach gold mining. A model is developed to assess these costs and their impact on both the federal budget and corporate profitability (i.e., industry sustainability), particularly if such costs are borne by offending firms.     

Effect of public opinion on national park planning in Turkey: A case study

National park plans are mainly prepared by a central planning team of the National Parks of Turkey. In this article, a model is presented that proposes a different approach to preparing national park plans. The study is based on a questionnaire distributed among the residents of the villages just outside a selected national park in Turkey and the relevant local and general authorities who are interested in the national park in their region, to find out the effect of public opinion on national park planning. Four basic strategies that represent the four main alternative approaches to forming policies in the planning of the park were identified. Respondents were asked to choose one and to suggest their own ideas. As this is a first attempt of such a study in Turkey, the results of the survey have been very encouraging. Therefore, this paper suggests that the assessment of public opinion should be borne in mind throughout the planning process in Turkey.     

Curriculum Development in Environmental Science: A Case Study on Paradigm and Institutions

/ The case of "Environment and Development" at Leiden University, the Netherlands, offers an example of developing a new environmental science curriculum in a conservative, disciplines-oriented university context. The core of this history is the long-term struggle of environmental science to evolve from the level of doing applied interdisciplinary studies and establish itself as a distinct body of knowledge with its own theory level, i.e., a discipline of its own. The struggle itself as well as its final outcome, a "bidisciplinary" curriculum in which both environmental science and one social science are expressed as disciplines (hence not environmental science as a mere "field of application") may be of value in other "classical" universities, too. KEY WORDS: Environmental science; Curriculum; Interdisciplinarity; Universities     

Environmental regulation, productive efficiency and cost of pollution abatement: a case study of the sugar industry in India

In this paper the input distance function is estimated for the Indian Sugar industry under alternative assumptions of weak and strong disposability of bad outputs. The estimated distance function is used to make the estimates of environmental efficiency, Malmquist productivity index and shadow prices of pollutants. The technical efficiency measure estimated under the assumption of weak disposability of bad outputs is utilized to test the Porter hypothesis. Marginal costs of pollution abatement functions are estimated for different pollutants of water. Pollutant specific taxes are computed using the tax-standards method.