海上/岸边储运设施溢油环境风险应急分析

文章分析了海上/岸边油品储运设施的溢油特点,并从溢油流入附近水体后产生的环境风险角度出发,探讨国内外针对溢油事故的法律框架、环境应急反应体系、环境应急响应和应急处置措施。分析在环境应急反应方面国内应对溢油事故存在的问题,为今后在溢油事故环境应急反应方面提出合理化建议。     

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 Although a Federal Appelate Court recently rescinded part of the district court decision, Milwaukee must still upgrade its metropolitan sewage system to a level beyond that required by federal and state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.     

The Supreme Court,the commerce clause,and natural resources

The Supreme Court's interpretation of the commerce clause controls the balance of power between state and federal governments in the United States. An understanding of the relationship between the different government levels is essential for resource managers concerned with resource and environmental issues. This study examines selected Supreme Court decisions between 1976 and 1988 to answer three questions raised by the commerce clause: (1) Is the regulated item an article of commerce? (2) Do state laws burden interstate commerce? (3) Is federal commerce regulation limited? The balance of power among the justices and the commerce clause theories affecting the federal role in resource management are also examined. Since ratification of the Constitution, the Supreme Court has continuously increased federal power, but states have power to act independently as long as contradictory federal laws do not exist and state law does not impermissively affect commerce. If Congress regulates an individual's use of resources, their power is unquestioned. Future Court decisions will not significantly reduce the federal role in resource management even if the Court's membership changes. Even the supporters of states' rights on the Court realize increased federal power is a necessary part of the country's evolution. The purpose of the commerce clause is to create a national economic unit with free location principles. The Court supports this purpose today and will in the future.     

Norway's offshore petroleum industry

During the past decade, Norway has become an important oil and gas producer. Annual production is six times national consumption. Development policies of the national government have been cautious, and future policies will probably follow a similar pattern. The government recently opened offshore areas poleward of 62°N latitude, a decision likely to have a significant impact on Norway's future as an oil producer. Norway maintains a tight reign on foreign oil company participation, domestic downstream processing of crude, oil company taxation and oil revenue investment within the national economy. Norway's large inflow of oil-related capital investments and production revenues have contributed to significant inflation and to changes in local labour supplies. Norway has always used its petroleum industry to further the country's overall development goals, a policy that will continue in the years ahead.     

Objectively best or most acceptable? Expert and lay knowledge in Swedish wind power permit processes

This article analyses legal aspects of the Swedish wind power development, theoretically based on how different types of knowledge are represented in legal contexts, mainly in the courts. A sample of appealed wind power permits is analysed, a handful of relevant informants are interviewed – including two judges in the Land and Environment Court and the appeal court – and the legal setting is analysed. Of key interest here is the interplay between expert and lay statements in the court cases, which here is related to the concepts of calculating and communicative rationalities that are developed in the planning literature. The results indicate that the juridification – which takes place as a permit issue is appealed in the judiciary system – supports the calculating rationality more than the communicative, and that the plaintiffs often attempt to adapt in how they shape their argumentation.     

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.     

POLITICAL ECONOMICS OF OFFSHORE OIL

The exploration of offshore areas for hydrocarbons has involved new technical and economic considerations and has posed new problems, not the least of which has been the changing relationship between companies and governments. In this article, the authors present an analysis of the different perspectives and policies which emanate from national governments on the one hand and from transnational oil companies on the other. The issues examined include the considerations involved in establishing exploration legislation, post-discovery problems, the impact on revenues of increased production, the interests of companies in developing fields and the overall economic environment within which decisions have to be agreed.     

Retracted: Comparative appraisals of legal and institutional framework governing gas flaring in Nigeria's upstream petroleum sector: How satisfactory?

Retraction: Olujobi, O.J., & Olusola-Olujobi, T. (2020). Comparative appraisals of legal and institutional framework governing gas flaring in Nigeria's upstream petroleum sector: How satisfactory?. Environmental Quality Management, https://doi.org/10.1002/tqem.21680 The above article from Environmental Quality Management published online on 3 July 2020 in Wiley Online Library ( wileyonlinelibrary.com ) in Early View has been retracted by agreement between the journal Editor in Chief, Jega Jegatheesan and Wiley Periodicals, LLC. The retraction has been agreed due to unattributed overlap with a previously published article from the same group of authors.     

Perspectives on the landmark decision designating the northern spotted owl (Strix occidentalis caurina) as a threatened subspecies

Following an extensive legal battle challenging its original decision to not extend the protection of the Endangered Species Act to the northern spotted owl (Strix occidentalis caurina), the US Fish and Wildlife Service was ordered by the 9th District Court of Appeals to reassess the status of the owl. As a result of the revised analysis, the service proposed the northern spotted owl for threatened status throughout its range. Because of the complex biological issues involved and the perceived potential for economic disruption in timber-dependent communities of the Pacific Northwest, this proposal generated more controversy and interest than any previous one. In this article I discuss the rationale for the service’s decision, public involvement in the process, and the mechanisms now available to conserve the northern spotted owl and its habitat under the Endangered Species Act.     

Institutional reform in the Andean irrigation sector: Enabling policies for strengthening local rights and water management

For centuries, local and indigenous water rights and rules in the Andean region have been largely neglected and discriminated against. The process of undermining local communities’ water access and control rights continues up to today and not only is it headed by powerful local, national and international water‐use actors encroaching local rights — it is also a direct consequence of vertical State law and intervention practices, and the latest privatization policies. Recognition of and security for the diverse and dynamic local rights and management frameworks is crucial for improving rural livelihoods and even national food security in Andean countries. At the request of the Government of Ecuador — in which at that time the indigenous movement had its political participation — a research mission was organized to formulate a proposal for institutional reform, aiming at the strengthening of the national irrigation sector. In this article, some basic mission results are outlined and analyzed within the scope of four concepts (institutional viability, political democracy, equity, and water rights security), and practical elements for institutional reform are suggested, not only for the Ecuadorian irrigation sector but also other settings. The complementary roles of central Government, local governments and water user organizations in water resources management are emphasized as is the need to strengthen enabling legal and policy frameworks. The importance of translating constitutional recognition of local and indigenous rights and common property systems into practical procedures and institutional structures is also stressed.     

THE COSTS OF CONFLICTING ENVIRONMENTAL POLICY: A CASE STUDY IN MILWAUKEE1

ABSTRACT: The history of the Milwaukee water pollution abatement program is examined as a case study to investigate the costs of conflicting environmental policy. The recent U.S. Supreme Court decision concerning the Milwaukee case is described as a milestone in U.S. water pollution abatement policy which will help preclude the type of environmental policy conflict which has been found to be so costly to Milwaukee. The implications to U.S. water pollution abatement policy of the 13-year history of conflict in Milwaukee are presented.     

Auditing International Environmental Agreements: The Role of Supreme Audit Institutions

Environmental problems are often transboundary in nature. International cooperation to solve them has resulted in a growing number of environmental agreements. Supreme Audit Institutions, which are the highest national audit institutions in a country and are responsible for auditing the regularity of governmental expenditure and receipts, can contribute to the success of international cooperation by auditing government compliance with international environmental obligations and commitments. This is a new challenge for supreme audit institutions. To encourage and support this work a Workgroup on Environmental Auditing of the International Organisation of Supreme Audit Institutions has developed guidelines, which are presented in this article. The possible practical role of audit institutions is illustrated by the audit on the Convention on the Prevention of Marine Pollution by Ships, in which eight European audit institutions cooperated. This article is published in a personal capacity and does not necessarily reflect the views of the Netherlands Court of Audit.     

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.     

Injustice and organisation in Anchicayá, Colombia: an environmental legal case in a hydropower watershed

The paper looks at Colombia's first major environmental justice legal case involving a riparian Afro-Colombian community and the Pacific Energy Company (EPSA). Riverine Afro-Colombian communities gained political recognition as a culturally distinct group largely based on their conservation practices in riparian environments. The work contrasts the complexities of the case with the vulnerable reality of the people of Anchicayá who largely live in conditions of poverty, violence and political isolation. It also describes the institutions that frame watershed management, the ethnic rights to collective land and self-governance and the property rights of energy companies in the backdrop of decentralisation reforms that clarified different types of property rights and refounded Colombia as a multicultural nation. The legal suit, however, demonstrates that the government failed to offer equal protection to collective versus private cultural and socio-economic uses of land and water in order to protect energy investments. The Constitutional Court's jurisprudence ultimately privileged technical and legal know-how and overlooked the limits community intermediaries face offering similar evidence. By doing so, the court not only disregarded the constitutional rights of Afro-Colombians, but it also failed to mitigate a socio-environmental conflict.     

新《水污染防治法》第二十八条之法律适用解析

由于水资源的流动性,水污染事故常常影响到上下游不同的行政区的生态环境,跨行政区域水污染纠纷几乎成了中国水污染治理的一项制度痼疾。2008年新修订的《中华人民共和国水污染防治法》第二十八条对跨行政区域水污染纠纷的解决做了原则性的规定,所以根据该条的规定对跨行政区域水污染纠纷的范围、解决方式的效力以及救济方式进行研究,有利于更好的解决跨行政区域水污染纠纷。     

Contextualisation of policy and law in sustainable urban development

The old tension between planning and law is revived in current practices of sustainable development. Urban professionals often blame central regulation for frustrating an inventive integration of local initiatives and policies. Against this background, the authors focus on the potential of ‘legal contextualisation’: the challenge of how to improve on regulation in such a way that it guides local practices in a normative sense but simultaneously enables optimal use of local – context bounded – option space. In order to make legal contextualisation researchable, the next four operational avenues of analysis are constructed in this paper: the normative dimension (requiring quality of legal norms); the relational dimension (studying the alignment of norms in different positions, such as the legislation, the court, and social compliance); the temporal dimension (searching the alignment of different moments of legal validation); and the functional dimension (making transparent the different roles that government agencies may take).     

Wind energy potential assessment and techno-economic performance of wind turbines in coastal sites of Buenos Aires province,Argentina

An assessment of wind energy potential was carried out in five sites (four onshore and one offshore) in South-West (SW) of Buenos Aires province (Argentina). We use high-resolution wind data (2 and 5 min) for the period 2009–2012. The power law was used to estimate the wind speed at 30, 40, and 60 m height from the anemometer position. Turbulence intensity and wind direction were analyzed. Statistical analyses were conducted using two-parameter Weibull distribution. A techno-economic analysis based on a set of commercial wind turbines was performed in those sites. The results derived from this work indicate that the SW of Buenos Aires province represents a promising area for the wind energy extraction, which would encourage the construction of wind farms for electricity generation.     

Reducing conflict over the Danube waters: equitable utilization and sustainable development

This paper develops the idea that the principle of equitable utilization must be applied in concert with sustainable water use not only in the resolution of specific disputes but in the cooperative management of water resources in general. It illustrates this point with two different cases involving the use of the Danube River. The first is the conflict over the Gabcikovo Nagymaros Dam, which now rests before the International Court of Justice. The author argues that a narrow legal ruling that fails to take into account broader issues of equitable utilization as they relate to sustainable development will not satisfactorily address the long-term questions at stake between the parties. The second involves the situation in the Danube Delta where the potential for conflict exists, but may be minimized through the convention and institutional framework developed to address the environmental degradation and pollution of the Danube River basin, which is based in part on the principle of equitable utilization and the goal of achieving more sustainable water use. The paper provides a brief overview of the geographical features of the Danube River and international water law. It then explores the principle of equitable utilization and sustainable water use in light of the two cases and discusses the implications for the resolution and management of conflicts involving internationally shared water courses.     

农作物废料对海洋溢油吸附研究

根据海上围油栏围油原理,使用小型围油设备模拟出在围油栏除油后海上剩余溢油的质量M。收集稻壳、小米壳、小麦壳3种农作物废料作为吸油材料,室温下分别测出3种吸油材料对质量为M的溢油的饱和吸附时间。在吸附平衡的条件下,利用紫外分光光度计分别测出3种吸油材料吸附海水表面M质量溢油后的平衡吸附浓度ce。根据物理吸附理论,由平衡吸附浓度ce和平衡吸附量qe分别得出3种材料的Freundlich吸附等温式,从Freundlich吸附等温式比较了3种农作物废料的吸油性能。结果表明:稻壳的吸油性能最佳。