Dissent and descent: tracing Canada’s environmental governance from regulatory beginnings to dismissal and reversals by the Harper government

Since Confederation in 1867, official Canadian settler government policy on the environment has sought to simultaneously preserve “wilderness” and exploit natural resources for market gain. In the 1960s, the nascent North American modern environmental movement pushed for stronger regulation on pollution and toxics – and a more institutionalised state-led response to environmental problems emerged. Throughout the last five decades, three principal “eras” of federal government reaction have emerged in response to mounting scientific evidence and public pressure to act on environmental issues. The first, from the late-1960s to mid-1980s, saw the development and implementation of early environmental policy and programmes. The second era, from the mid-1980s to mid-2000s co-occurred alongside the rise of the sustainable development paradigm, and is marked by the Canadian government’s attempt at leadership on the global stage. The third era, from the mid-2000s to 2015, demonstrates a shift from environmental regime-building and multilateral collaboration toward rollbacks and obstructionism. Under the leadership of Prime Minister Stephen Harper, the government of Canada reversed decades of progress and cooperation on the environment and sustainable development through its muzzling of government scientists, superficial co-optation of climate policy, rollbacks of environmental legislation and disparagement of environmental activists. In total, by shifting the federal government from a position of ineffective benevolence on environmental issues to one of contention and antagonism, the Harper government’s approach represents a departure from Canadian environmental governance norms and sought to remake the identity of Canada as an energy superpower inextricably tied to its oil and gas industry.     

The Economics of Geothermal Power Development in the Philippines

In the Philippines the development of geothermal energy resources for electricity generation is undertaken by two independent agencies. One develops the steamfield and sells the steam. The second buys the steam, which, in the case of the Philippines, is the National Power Company (NPC), a government-owned corporation mandated to produce electricity for sale and distribution to various consumers.
One such steamfield developer is the Philippine National Oil Company-Energy Development Corporation (PNOC/EDC), Geothermal Division. At present PNOC is operating in two areas, the Tongonan Field and the Palimpinon Field. This paper discusses the economics of the development of these two steamfields. Historical investments are presented for both. Past and projected additional investments up to commissioning for a new field are also presented. Variations in the investment levels for the three fields are discussed, and explanations for the variances are presented.     

Implementing environmentally sound management of inland waters

While it is now widely accepted that the harnessing of water resources can make a major contribution to economic progress in various parts of the world, there is also increasing concern about the adverse environmental effects that such development may produce. Reviewing experiences in several countries, however, it seems that it may be possible to reconcile the management of water resources and the maintenance of environmental integrity. The paper assesses the likelihood of a reconciliation taking place in the light of a number of trends in contemporary water management. While many of these trends are in the direction of harmonious development, the pace of accommodation has typically been slow and erratic. The authors offer some suggestions as to how this might be overcome through modifications in legislation, policies, procedures and administrative structures.     

Issues in natural resources management in developing countries

Recognizing the steady depletion of natural resources in developing countries, this study analyses its causes by focusing on the ownership of such resources. Resource degradation was found associated with an array of individual, socioeconomic, politicoeconomic and institutional factors. In the pursuit of sustainable regional resources management and conservation, it is necessary to analyse and incorporate these multifarious factors into the design of a comprehensive strategy. While local government should be responsible for devising management strategies, their implementation requires the interfacing of field agencies with local communities that are to be assisted in the short term and instructed in depth; their performance should be closely monitored over the long term.     

The future of water in Australia: The potential effects of climate change and ozone depletion on Australian water quality,quantity and treatability

Water is a resource that is essential for all life on Earth. An exponentially growing human population, in addition to unprecedented industrial and technological development, threaten the availability and quality of this resource. Climate change and ozone depletion are two major environmental problems facing mankind today. These problems have the potential to further strain currently available freshwater resources. Recent research has shown that climate change and ozone depletion are linked phenomena and their interaction exacerbates their impact. Changes in precipitation, surface runoff, solar UV radiation, temperatures, and evaporation are some of the predicted outcomes of climate change and ozone depletion. They influence the biogeochemical cycles and aquatic ecosystems in lakes and rivers, and alter the character of natural organic matter (NOM) and, consequently, they have the potential to affect the quality, quantity and treatability of our water resources. Given these uncertainties, and the need to mitigate the consequences of climate change and ozone depletion, the issues of changing water quality, quantity and treatability cannot be ignored by Australian governments and water utilities.     

生态文明进入党的全国代表大会报告的十年

党的十七大、十八大和十九大报告均对生态文明建设作了阐述。本文系统梳理了党的十七大以来我国生态文明推进工作的历程和成就,数据显示我国在水环境保护、大气环境保护、生态环境保护方面取得了成绩。我国通过健全立法、调整结构、联防联控、专项督查等手段应对突出的大气污染、水体污染、土壤污染和生态保护等问题,其中健全党内法规和环保立法、实行党政同责与一岗双责、开展中央环境保护督察与专项环保督查以及统筹优化区域资源是关键的手段。党的十九大对生态文明建设作出了新的判断,提出两步走的战略,并作出行动部署,为美好中国的目标提供了体制和制度保障。     

关于“五水共治”的若干法律问题的思考

水的经济价值和生态价值对人类社会的发展起到了决定性的作用。随着农业发展和工业进步,水资源匮乏,生活用水不洁净等引发的水危机已经不断地引发社会矛盾。为此浙江省提出了“治污水、防洪水、排涝水、保供水、抓节水———‘五水共治’”的目标,明确了地方政府的责任与义务,但治理效果并不乐观。环保法的修订为“五水共治”提供了坚实的理论基础,并从确立全流域综合生态管理、建立水体保护的综合协调机制等方面提出了浙江省水资源治理策略。     

Environmental regulation of exploration and mining operations in Asian countries

This paper offers a new perspective on the environmental laws in Asian nations affecting the exploration, mining, and reclamation activities of the mineral resource industry: the perspective of the senior government officials in those countries, whose job is to enforce these new environmental laws. The article presents the results of a 1998 survey of national environmental officials in Asia conducted by the Colorado School of Mines and the Metal Mining Agency of Japan. Officials in 10 diverse countries—Cambodia, China, Indonesia, Lao PDR, Malaysia, Myanmar, Mongolia, Philippines, Thailand and Vietnam—responded to a detailed questionnaire covering applicable laws, agencies, protected areas, covered mineral activities, financial assurance, environmental impact assessment, public involvement, environmental standards, permit and reclamation requirements.
The survey confirms that Asian nations are part of the global trend towards national government regulatory structures that balance mineral development objectives with environmental considerations. The survey also shows developing regulatory systems (some embryonic, some more mature) utilizing a combination of mining and environmental acts, and often an 'insider' perspective of the national officials administering the laws. While that perspective is not without its biases (not least the rigor of enforcement), it may nevertheless be of use in company planning. The emerging regulatory picture contradicts the conventional notion that it is the 'lower' level of regulation in Asia that is attracting foreign direct investment in mining.     

论政府生态环境损害赔偿责任的承担

政府承担生态环境损害赔偿责任的理论基础是政府对环境质量负责,政府对环境质量负责的实质是政府作为公共环境的管理者和控制者对维护公共环境利益所负担的安全保障义务。根据政府的环境安全保障义务,政府承担生态环境损害赔偿责任应以过错推定为归责原则,责任构成的核心是政府负有其职责范围内特定的环境安全保障义务,因未尽环境安全保障义务间接引发生态环境损害。由于政府未尽环境安全保障义务的行为并非直接也并不必然导致生态环境损害,所以政府一般仅根据自身行为的可责性及其程度对生态环境损害承担补充性的赔偿责任,只有在特殊情况下才承担连带赔偿责任,在政府不负有特定环境安全保障义务的情况下政府不承担赔偿责任。     

Mining amid decentralization. Local governments and mining in the Philippines

In recent years, as part of its neoliberal development paradigm, the Government of the Philippines has engaged in efforts to encourage extraction of the nation's mineral resources. The Philippines is also a country where decentralization has devolved substantial powers to local governments. Concern over potentially adverse environmental effects has led to opposition to mining by some local governments in the Philippines. This opposition has led to the withholding of consent to mining projects by local governments and, in some cases, the implementation of moratoriums banning mining. Central to this opposition have been the activities of civil society groups, and their collaboration with local governments. This collaboration has involved the drafting of legislation prohibiting mining and support of candidates for office who are opposed to mining. Collectively, Filipino local governments and civil society groups are examples of the concept of governance, a dispersed process wherein society manages itself for the betterment of all its members. For mining companies seeking to implement projects, it is no longer sufficient to have the consent of the national Government — that of local governance forces must also be considered.     

Past and future sustainability of water policies in Europe

The article contributes to a discussion on two global issues on water: water resources management, and water supply and sanitation. Focusing on Europe, it traces the legal roots of current systems in history: as a resource, water is considered as a common property, rather than a market good; while as a public service it is usually a commodity. Public water supply and sanitation technologies and engineering have developed under three main paradigms: quantitative and civil engineering; qualitative and chemical/sanitary engineering (both on the supply side); and the most recent one, environmental engineering and integrated management (on the demand side). The cost of public drinking water is due to rise sharply in view of the two‐fold financial challenge of replacing an ageing infrastructure and keeping up with ever‐rising environmental and sanitary quality standards. Who will pay? Government subsidies, or water users? The author suggests that apparent successes with privatisation may have relied heavily on hidden government subsidies and/or the healthy state of previously installed water infrastructure: past government subsidies are still felt for as long as the lifetime of the infrastructure. The article stresses the importance of public participation and decentralized local management of water and sanitation services. Informing and involving users in water management decisions is seen as an integral part of the ‘ethics’ side of the crucial three E's (economics, environment, ethics). The article strongly argues for municipal provision of water services, and hopes that lessons learnt and solutions found in the European experience may serve water services management efforts in other regions of the world.     

WATER RESOURCES DEVELOPMENT IN AN ENVIRONMENTALLY-CONSCIOUS ERA1

The Sierra Club, which has long fought selected water resource projects that it believes would be environmentally damaging, has come to the conclusion in recent years that much more basic reforms are required in water resources development activities if the demands for environmental quality now evidenced by the American people are to be satisfied. These reforms should not be limited to those that would have a direct effect on the environmental aspects of proposed projects, but also many others long advocated by the economics profession that would have favorable indirect effects. Among the urgent reforms with indirect effects are those involving revision of the procedures used in evaluating proposed projects. These procedures should be revised so that future evaluations will much more accurately reflect the economic and environmental merits of proposed projects. Basic reforms of tax policies are also needed that will eliminate most of the private profit available to those who can persuade the government to increase the value of their land through the construction of water projects. Finally, some additional actions can be taken that will have a direct impact on lessening the adverse environmental impact of water projects beyond the provisions of the National Environmental Policy Act of 1969.     

FRONTIER AREAS, RESOURCES, AND DEVELOPING NATIONS: THE CASE OF GUATEMALA

The conscientious and planned integration of frontier areas into the national economy can at least partially alleviate both environmental and economic problems that are common to many developing countries. Full development of the agricultural potential of frontier areas can lessen the environmental deterioration often found in traditionally settled regions. Exploitation of mineral resources, in particular energy resources, can lessen economic burdens associated with increased costs of imported energy. The authors examine how recent international developments have spurred the government of Guatemala to undertake measures designed to develop a previously underutilized region. The short term negative consequences of increased costs for imported grains and petroleum may well have a positive result in the long term insofar as they lead to more balanced and rational use of land and resources.     

Status and prospects of environmental protection in Hong Kong

Summary Environmental protection in Hong Kong traditionally has been neglected by the government and private sector, with citizens showing little interest. The overwhelming pre-occupation with economic growth and a plethora of pressing social needs are often cited as the main excuses for past apathy. Since the late 1970s, the government has taken positive steps to establish administrative structures and statutes to arrest environmental decline. Legislative processes, however, have often been delayed and the effectiveness of the laws trimmed by the strong industrial lobby. The erratic developments in the 1980s nevertheless allowed the enactment of four dedicated environmental laws and a complement of ancillary control measures. The current status of the environment in the fields of water, waste, air and noise has been assessed to highlight the pertinent maladies and shortcomings. The 1989 White Paper provided a clear package of official policies and programmes to correct past ills in a ten-year comprehensive plan. The ameliorative measures, both present and projected, are evaluated for their effectiveness and prospects. Some issues that deserve more attention and improvements are suggested.     

NEW REQUIREMENTS FOR LOCAL UNITS OF GOVERNMENT IN WATER RESOURCES PLANNING: INSIGHTS FOR IMPLEMENTATION FROM RECENT WATER RESOURCES PLANNING RESEARCH1

ABSTRACT: Recent Federal and some State legislation has enlarged the scope of permitted or required actions of local units of government in water resources management and protection. Much of the legislation encourages local units of government to introduce water resources planning measures which will be preventive instead of corrective. Extensive public works measures, environmental destruction and the threat to human life can thus be eliminated or reduced. Research has developed and tested a method for identifying the elements of a water resources protection program for small urbanizing watersheds which was technically adequate and socially acceptable to the communities implementing such programs. Research results suggest that deliberate efforts will be necessary to inform and educate local units of government as to the usefulness of the legislation; and that the program must reflect local natural resource conditions and local preferences for the method of accomplishing the protection. Successful implementation could be restrained by inertia of local units of government, a lack of tradition in such programs, and hostile existing agencies.     

Scarcity of natural resources and the implications for sustainable development

The idea of sustainable development has much popular appeal, but conflicts with centuries of economic theory about how limited land and natural resources constrain the growth of economies and populations. Much of that doctrine, especially that in the Malthusian tradition, is contradicted by historical experience, but the modern threat of environmental degradation raises new questions about whether growth can be sustained. Many of those new problems result from biases in economic organization and institutions against so-called environmental resources. Marketed resource commodities like minerals and timber are protected by the incentives of owners and suppliers to conserve them, enhance them and find new sources, and by the incentives of users to economize on their demands and find cheaper substitutes. Together, these forces have been sufficient to offset depletion and render resources less scarce over time. The same forces are not at work on environmental resources like water and air, so they are over-used and degraded as demands grow. However, promising opportunities exist to develop property rights and economic incentives to encourage users of environmental resources to protect and husband them, and these are likely to be more effective in harmonizing economic activity with the environment than purely regulatory policies.     

Promoting environmental awareness in Botswana: the role of community education

Summary This paper highlights the environmental problems confronting Botswana, which include growing pressure on water resources resulting from increases in population, urbanization and development, deforestation, overgrazing and rangeland degradation in the face of unfavourable environmental and climatic conditions. The paper also describes the role of the government through its National Conservation Strategy, and how this proffers possible solutions to these probems. Such solutions include, among others improved planning and administrative measures in the interest of both protecting water resources against pollution and the possible introduction of an incentive to encourage the collection of rain water, and government legislation which will lead to improvement in the management of both rangelands and livestock to prevent rangeland degradation, as well as the government intention to update its forestry policy to provide a comprehensive National Forestry Management Plan. The paper also examines the efforts of nongovernmental organizations including the Kalahari Conservation Society, the Forestry Association of Botswana, Thusano Lefatsheng and the Botswana Society. These non-governmental organizations are greatly involved in natural resource conservation and utilization and, in addition, they provide avenues for the discussion of issues relating to the environment and natural resources for public awareness. The paper finally discusses the role of community education, by examining the environmental awareness in terms of the population.This paper was presented at the Global Forum '94 Academic Conference, Manchester, UK.     

环境保护领域地方市级首次立法进展研究

为调研设区的市立法权放开后各地立法进展,通过全国各省市政府网站(除港澳台外)等公开渠道收集整理的各设区的市"首次立法"(第一部实体法,简称"首法")立法情况,发现截至2017年7月,全国89%新获立法权设区的市已完成"首法"立项,超一半新获立法权设区的市已顺利出台"首法"。从"首法"立项类型来看,约40%设区的市"首法"关注环境保护,仅次于城乡建设与管理类立法,表明环境保护是各地"首法"立法关注的重点领域之一。从地方环境"首法"立项类型来看,水环境保护领域条例立项数最多,其次是生态保护领域和大气污染防治领域;从地方环境"首法"立项分布来看,水环境保护类条例多分布于位于水系末端的沿海各省,大气污染防治条例则主要集中于京津冀及其周边空气质量较差的区域。当前国家高度重视生态文明建设,各地有必要抓住地方立法这一机遇,研究出台地方环境条例,助力地方环境管理水平的提升。     

Economic degradation, conservation and allocation of water resources

Economic stagnation and hyper-inflation, in part the result of the need to service huge foreign debts, have taken their toll on the infrastructure and government institutions of Latin America. Both have been starved of financial resources. In some ways the water sector has been affected more than others because water and the environment are seen as free public goods which can be used without regard to cost. Even though internal financial resources are limited there are still opportunities to address the water and environmental problem at the national level, and some recommendations are made in this regard. Nevertheless, major inputs from the developed countries will be needed because the protection of environment and water resources is both a national and global issue.     

SUBSTATE INSTITUTIONAL INNOVATION FOR MANAGING LAKES AND WATERSHEDS: A WISCONSIN CASE STUDY1

ABSTRACT: Since the 1970s, there has been extensive experimentation with new approaches to water and land resources management at the state and local levels. There is a critical need to document, assess, and synthesize lessons learned from the nation's recent experience with subnational institutional changes in environmental management. This paper examines institutional changes aimed at more integrated water and related resources management at the substate level of government. We describe innovative institutional changes in a case study of Dane County, Wisconsin, and assess the implementation and preliminary consequences of these changes. Dissatisfaction with watershed and lake management results and perceptions of institutional inadequacy led to significant changes in the structure and rules for county resources management. A new entity was created to focus watershed management responsibilities. The scope of authority and powers were expanded. However, these changes all occurred within the framework of a general purpose unit of government. The new institutional arrangements have achieved a number of milestones, although it is premature to fully assess resource outcomes. The substantive changes, implementation tactics, and overall experience in Dane County's reforms - especially with regard to addressing intergovernmental tensions and decentralized management, limited authorities and funding, and public and constituency support - have useful implications for other substate efforts at more comprehensive and integrated water resources management.