Implications of environmental program planning for siting a nuclear waste repository at Yucca Mountain,Nevada, USA

The US Department of Energy (DOE) plans to conduct site characterization studies at Yucca Mountain, Nevada, to determine if the location is a suitable site for a nuclear waste repository. In lieu of traditional environmental review in accordance with the National Environmental Policy Act of 1969, the DOE is relying on an environmental assessment (EA) mandated by the Nuclear Waste Policy Act of 1982 as the cornerstone of its environmental program for the Yucca Mountain Project. Because of statutory restrictions, the EA is not based on comprehensive baseline information. Neither does it address fundamentals of environmental analysis such as ecological integrity and assessment of cumulative impacts. Consequently, the present environmental program for Yucca Mountain reflects decisions made without complete information and integrated environmental review. The shortcomings of the program risk compromising the natural integrity of Yucca Mountain and invalidating future assessment of the ability of a nuclear waste repository located at the site to protect the environment. Significant improvements are needed in the repository siting program before it can serve as a model of how society can evaluate the long-term environmental consequences of advanced technologies, as has been suggested.     

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the 1970s have, by defining the nature and acceptability of environmental impact and prohibiting unacceptable impacts, superseded the substantive role of NEPA in environmental protection.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 NEPA has thus been superseded by other environmental laws, and its role in the decision-making process today has little relation to its earlier environmental significance.     

Guidelines and Techniques for Improving the NEPA Process

/ The Council on Environmental Quality's (CEQ's) principal aims in implementing the National Environmental Policy Act (NEPA) are (1) to reduce paperwork, (2) to avoid delay, and most importantly (3) to produce better decisions that protect, restore, and enhance the environment. This paper presents four strategies for improving the NEPA process along with tools that can be used to implement each strategy. The tools include guidelines for project management and problem definition, tips for acquiring existing information and identifying issues of public concern, worksheets on how to identify and analyze potential impacts on resources, ideas for enhancing NEPA documents, and a NEPA process checklist. The tools can be used at various stages of the NEPA process and provide a toolbox of guidelines and techniques to improve implementation of the NEPA process by focusing the pertinent information for decisionmakers and stakeholders. KEY WORDS: National Environmental Policy Act; NEPA; Environmental impact assessment; Ecosystem management     

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.

Tourism impacts of Three Mile Island and other adverse events: Implications for Lincoln County and other rural counties bisected by radioactive wastes intended for Yucca Mountain

Whether the proposed Yucca Mountain nuclear waste repository system will adversely impact tourism in southern Nevada is an open question of particular importance to visitor-oriented rural counties bisected by planned waste transportatin corridors (highway or rail). As part of one such county's repository impact assessment program, tourism implications of Three Mile Island (TMI) and other major hazard events have beem revisited to inform ongoing county-wide socioeconomic assessments and contingency planning efforts. This paper summarizes key research implications of such research as applied to Lincoln County, Nevada. Implications for other rural counties are discussed in light of the research findings.     

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.     

Contemporary Western Rural USA Economic Composition: Potential Implications for Environmental Policy and Research

/ The rural West of the United States is considered strongly antienvironment. The traditional economic reliance of the area on natural resources has long explained this antienvironment stance. The region consistently elects federal officials who as a group consistently vote against environmental bills and seek to undo existing federal environmental regulation. These politicians defend their antienvironment actions based on their perception of the economic composition and interests of the region. Recent studies, however, have suggested that rural residents are increasingly concerned about environmental issues. These studies, however, lack a consistent theoretical basis. This article uses an alternative economic typing system to examine the economic composition of rural Idaho and suggests that the results found using the alternative typing system might provide a theoretical basis to explain why some studies are finding increased rural environmental support. The results show that rural Idaho is much more economically diverse using this alternative typing methodology compared to the outcomes of traditional USDA economic methodologies. The policy and research implications of these findings are examined.KEY WORDS: Rural; Environmental policy; Economic composition     

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.     

Population,Development, and Waste Management in Botswana: Conceptual and Policy Implications for Climate Change

Based on government and other relevant documentation, this paper explores the conceptual linkage between population, development, and waste management in Botswana and the implications of this relationship for global climate change. Population is increasing, albeit at a decreasing rate. Spatially, the population is becoming more and more concentrated as the rates and level of urbanization increase. Economic growth has remained consistently high. The combined effect of population dynamics and economic development are having a noticeable imprint on the environment in the form of increased waste generation. Poor waste management poses a real threat to environmental sustainability in general and climate change in particular because of inadequate technology, weak institutional mechanisms to enforce regulations, and low levels of sensitization among the public to deal with the problem. Mitigation measures are suggested to minimize the negative effects of waste management on climate change.     

Pragmatics of Policy: The Compliance of Dutch Environmental Policy Instruments to European Union Standards

Despite a general decrease in Dutch environmental emission trends, it remains difficult to comply with European Union (EU) environmental policy targets. Furthermore, environmental issues have become increasingly complex and entangled with society. Therefore, Dutch environmental policy follows a pragmatic line by adopting a flexible approach for compliance, rather than aiming at further reduction at the source of emission. This may be politically useful in order to adequately reach EU targets, but restoration of environmental conditions may be delayed. However, due to the complexity of today’s environmental issues, the restoration of environmental conditions might not be the only standard for a proper policy approach. Consequently this raises the question how the Dutch pragmatic approach to compliance qualifies in a broader policy assessment. In order to answer this question, we adapt a policy assessment framework, developed by Hemerijck and Hazeu (Bestuurskunde 13(2), 2004), based on the dimensions of legitimacy and policy logic. We apply this framework for three environmental policy assessments: flexible instruments in climate policy, fine-tuning of national and local measures to meet air quality standards, and derogation for the Nitrate Directive. We conclude with general assessment notes on the appliance of flexible instruments in environmental policy, showing that a broad and comprehensive perspective can help to understand the arguments to put such policy instruments into place and to identify trade-offs between assessment criteria.     

Policy Windows, Policy Change, and Organizational Learning: Watersheds in the Evolution of Watershed Management

Employing in-depth, elite interviews, this empirical research contributes to understanding the dynamics among policy windows, policy change, and organizational learning. First, although much of the research on agenda setting—how issues attract enough attention that action is taken to address them—has been conducted at the national scale, this work explores the subnational, regional scale. With decentralization, regional-scale environmental decision-making has become increasingly important. Second, this research highlights the role of policy windows and instances of related organizational learning identified by natural resources managers. Having practitioners identify focusing events contrasts with the more typical approach of the researcher identifying a particular focusing event or events to investigate. A focusing event is a sudden, exceptional experience that, because of how it leads to harm or exposes the prospect for great devastation, is perceived as the impetus for policy change.     

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.     

Sweet for the sour: Incentives in environmental mediation

The siting of facilities with undesirable environmental characteristics often leads to public conflict. Efforts to resolve the conflict and make siting decisions frequently exacerbate the problem. Environmental mediation, the process of negotiating an agreeable settlement, is an accepted approach to resolving conflict. This paper explores the use of incentive systems as a means of achieving equity in environmental mediation. Obnoxious and noxious characteristics of facilities are discussed as the basis of conflicts. Four types of incentives—mitigation, compensation, reward, and participation—are discussed. The paper concludes with a discussion of the utility and application of incentives for solving environmental conflicts.     

Screening of environmental pressure from products in the Swedish railway infrastructure: Implications for strategic environmental management

This paper proposes a method to be used in environmental reviews as an initial tool for estimating upstream environmental pressures from material use in organisations dealing mostly with construction materials. Upstream environmental pressures are often omitted in environmental reviews from organisations and instead tend to be site specific, with a limited life-cycle perspective. This paper uses the Swedish National Rail Authority as a case to present the approach. An energy indicator is used to estimate the environmental pressure of material use.In the studied building project, a small set of products contribute to a major part of the material use and the material-related energy use. The energy use is almost exclusively of nonrenewable energy carriers. The three most important products are all homogenous and non-complex, which makes the energy indicator well suited for the analysis. The organisation can use the results to focus on the most important products and also to see which parts of the organisation contribute to the material-related energy use. Rail traffic in Sweden is almost exclusively from non-fossil-based energy carriers. This highlights the importance of the infrastructure to the overall environmental pressure of the railway. Consequently, if road transport were to shift away from fossil fuels, railways earlier environmental advantages would diminish, since research suggests that railway infrastructure is more energy intensive than road infrastructure.     

Public opinion and interest group positions on open-space issues in Albuquerque,New Mexico,USA: Implications for resource management

The purpose of this research was to elicit and compare the open-space preferences of citizens and openspace experts in Albuquerque, New Mexico, USA. A randomly selected sample of 492 citizens and 35 open-space experts participated in a telephone survey during May 5–18, 1986. The following hypothesis was tested and used as a guideline for the study:HO1: There is no significant difference between respondents' status and preference for open space in Albuquerque, New Mexico.The hypothesis was rejected. Findings confirmed respondents' status affected preference for open space. Of the eight issues on which the citizen and expert groups were compared, five recorded significant differences in response profiles. The open-space expert group was significantly more supportive of using open space to accommodate offroad vehicle facilities, wildlife preserves, a citywide recreational trail, and a trail system along the arroyos and city ditches. The citizen sample was significantly more supportive of using open space to accommodate overnight camping facilities. Both groups equally supported using open space to accommodate an outdoor amphitheater, outdoor education facilities, and rafting, kayaking, and canoeing facilities.The finding indicated that expert preferences did not represent an aggregate of citizen preferences for managing open-space resources. Understanding both expert and citizen positions will facilitate decision-making processes and help resolve environmental disputes.     

The impact of economic activity in Asturias on greenhouse gas emissions: consequences for environmental policy within the Kyoto Protocol framework

Climate change is one of the major worldwide environmental concerns. It is especially the case in many developed countries, where the greenhouse gas emissions responsible for this change are mainly concentrated. For the first time, the Kyoto Protocol includes an international agreement for the reduction of the net emissions of these gases. To fulfil this agreement measures designed to reduce or limit current emissions have to be brought into force. Consequently, fears have arisen about possible consequences on competitiveness and future development of manufacturing activities and the need for support mechanisms for the affected sectors is obvious. In this paper, we carry out a study of the emissions of gases responsible for climate change in Asturias (Spain), a region with an important economic presence of sectors with intensive emissions of CO(2), the chief greenhouse gas. To be precise, in the first place, the volumes of direct emissions of the said gases in 1995 were calculated, showing that the sectors most affected by the Kyoto Protocol in Asturias are iron and steel and electricity production. Secondly, input-output analysis was applied to determine the direct and indirect emissions and the direct, indirect and induced emissions of the different production sectors, respectively. The results derived from the direct and indirect emissions analysis and their comparison with the results of the former allow us to reach some conclusions and environmental policy implications.     

Sustainable development strategies: Tools for policy coherence

Many different approaches for national sustainable development strategies (NSDS) have been proposed since 1992, with some components common to all. A country's national strategy should be designed to help mainstream environmental concerns into policy. More broadly, it should coordinate local policy with global concerns, as well as integrate scientific knowledge into policy and development planning. The peer review mechanism for national strategies was piloted by France, and also involved representatives of countries from the North and the South as well as stakeholders. The peer review process allows countries to share their experience and information, and can assist them in identifying their own path to sustainable development. The business community can also contribute to sustainable development through provision of local and global public goods. Another input to sustainable development could come from the International Organization for Standardization (ISO) and its Guidance Standard on Social Responsibility (ISO 26000), as a coordinating mechanism between voluntary initiatives and binding obligations (such as international conventions). ISO standards and guidelines should therefore be integrated with national sustainable development strategies and local Agenda 21 frameworks.     

A Paradigm of International Environmental Law: The Case for Controlling the Transboundary Movements of Hazardous Wastes

The production of large quantities of wastes globally has created a commercial activity involving the transfrontier shipments of hazardous wastes, intended to be managed at economically attractive waste-handling facilities located elsewhere. In fact, huge quantities of hazardous wastes apparently travel the world in search of “acceptable” waste management facilities. For instance, within the industrialized countries alone, millions of tonnes of potentially hazardous waste cross national frontiers each year on their way for recycling or to treatment, storage, and disposal facilities (TSDFs) because there is no local disposal capacity for these wastes, or because legal disposal or reuse in a foreign country may be more environmentally sound, or managing the wastes in the foreign country may be less expensive than at home. The cross-boundary traffic in hazardous wastes has lately been under close public scrutiny, however, resulting in the accession of several international agreements and laws to regulate such activities. This paper discusses and analyzes the most significant control measures and major agreements in this new commercial activity involving hazardous wastes. In particular, the discussion recognizes the difficulties with trying to implement the relevant international agreements among countries of vastly different socioeconomic backgrounds. Nonetheless, it is also noted that global environmental agreements will generally be a necessary component of ensuring adequate environmental protection for the world community—and thus a need for the careful implementation of such agreements and regulations.