Return to the River: Environmental Flow Policy in the United States and Canada1

Abstract: This paper provides an overview and summary of United States and Canadian federal, state, and provincial laws that offer some form of legal protection for environmental flows. Special attention is given to the new “second generation” law established in Texas and to ways western states are beginning to encourage transactions that help restore dewatered streams. Progress in the eastern states and some Canadian provinces to provide environmental flow protection is addressed. Based on this review, this paper presents recommended elements of a “model” environmental flow policy.     

Quality Control for Environmental Policy Appraisal Tools: An Empirical Investigation of Relations Between Quality,Quality Control and Effectiveness

The spectre of regulatory reform carried out in a range of Western countries has generated concern amongst parts of the environmental policy community. Quality and effectiveness are said to be at stake, but empirically there is a dearth of data on the relationship between provisions for quality control and the effects on quality and effectiveness. This research addresses this lacuna by analysing the effects of different quality control provisions in the Netherlands and Denmark for a globally institutionalized environmental appraisal tool—Environmental Assessment (EA). Extensive technical provisions for quality control in the Netherlands have led to it being described as the ‘Rolls Royce’ of EA systems, while in Denmark the polity is expected to take charge of quality control. The effects of quality control are investigated through surveys and in-depth interviews with actors centrally engaged with EA implementation. The results show that quality control provisions are poorly related to the perceived quality and effectiveness of EA. Only the appropriateness of the scope of EA reports is perceived to be strongly related to quality control provisions. The findings are relevant for environmental policy communities concerned with quality control systems and effectiveness of policy appraisal tools and policy-makers contemplating regulatory reforms.     

The Canadian Environmental Assessment Act's Public Registry System

Public access to information and public participation in the environmental assessment (EA) process are cornerstones of the Canadian EA system. The Government's commitment is stated in the Canadian Environmental Assessment Act which requires that federal departments establish and operate a public registry of information on the EAs they conduct to ensure convenient public access. The Canadian Environmental Assessment Agency has taken the lead to ensure this commitment is met through the development of an innovative electronic Public Registry System. The system allows all federal departments conducting EAs to meet their obligations in a consistent and cost-effective manner. The public can easily access information on the 'who, what, when, where and why' of all EAs carried out by the federal departments, as well as document listings and the actual EA documents. Access is through the Internet, CD ROM, and in hardcopy.     

Sustainability and social inclusion? Examining the frames of Canadian English-speaking environmental movement organisations

Some scholars and activists have suggested that discourses of environmental sustainability do not include sufficient attention to social issues or environmental justice. Since social inclusion is a prevalent masterframe among activists and in social policy circles in Canada and elsewhere, our research explored the extent that English-speaking Canadian environmental non-governmental organisations (ENGOs) incorporate discursive aspects of social inclusion into their website communication. Social inclusion includes such issues as multiculturalism, gender inequality, low income and racialisation. We analysed mission statements, programmes and policy analysis presented by a sample of ENGOs drawn from the membership of the Canadian Environmental Network for evidence of a variety of indicators of attention to social inclusion. We conclude that environmental groups remain locked into an “environmentalist” frame that often ignores such issues. This has major implications for partnerships with other Canadian social movements.     

Managing uncertainties through scenario analysis in strategic environmental assessment

Planning for the future is uncertain, and scenario analysis is a method of coping with the uncertainties of future plans. This paper addresses how to deal with future uncertainties by using scenario analysis as a possible approach for conducting a strategic environmental assessment (SEA). Although scenario-based approaches have been linked to strategic planning and SEA, this paper for the first time proposes how a combined approach may be implemented using specific tools and methodologies and, further on, it also implements the first three stages of the six stages proposed for the ‘scenario-based strategic planning’ approach. This work is an attempt to standardize SEA and scenario analysis as a combined approach. The three stages are tested within the Tourism Development Plan of the Iranian province of Gilan, which has been selected as a case study.     

基于环境协议的工业园区环境管理模式研究

环境协议制度在我国的实施尚处于摸索阶段,作为先进环境管理方法试验田的工业园区,应率先在环境管理激励机制中采用这一制度并配合环境目标、制衡型环境管理形成制约体系,促进环境协议的践行。本文在探索基于环境协议的工业园区环境管理先进模式的研究中,引入了具有生态工业特点的"绿色星级企业"评价标准,与对企业的优惠措施挂钩,对环境协议制度有一定的实践意义。     

Strategic environmental assessment in China: motivations, politics, and effectiveness

This paper examines how strategic environmental assessment has been practiced at the national level in China through 2005 and why it has been practiced in the manner observed. Based on literature reviews and interviews carried out in 2005 and 2006, we find that bureaucratic politics between environmental and nonenvironmental ministries has limited the legislation and implementation of strategic environmental assessment to environmental assessment (EA) for a set of government plans defined in the 2003 Environmental Impact Assessment Law. Interviewees from environmental and nonenvironmental ministries and key research institutes have reported that few planning EAs have been performed at the sectoral level. Nonenvironmental ministries have either evaded the 2003 Environmental Impact Assessment Law and have not undertaken required planning EA or have organized planning EA on their own without participation by the State Environmental Protection Administration. The rising tension between the environmental and nonenvironmental ministries has limited the role of planning EA as a participatory decision-making tool. In addition to bureaucratic politics, we find that weak public participation and underemphasis on social analysis in planning EA may have further compromised the utility of planning EA.     

Environmental Impact Assessment Under the Mackenzie Valley Resource Management Act: Deliberative Democracy in Canada’s North?

We consider the extent to which the Mackenzie Valley Resource Management Act (MVRMA) provides an opportunity for deliberative democracy to emerge within the context of resource management in Canada's North. The focus is on the extent to which the tenets of deliberative democracy are exercised in the environmental assessment (EA) of the Snap Lake diamonds project. Data collection included semi-structured interviews with assessment participants, and a review of documentation surrounding the EA process, and the case study. Results combined four principles of deliberative democracy: generality, autonomy, power neutrality, and ideal role taking. The EA conducted under the MVRMA can serve as a deliberative process, as illustrated by opportunities for dialogue, access to different perspectives, and learning outcomes. However, many of these positive results occurred through nonmandated technical sessions. The absence of participant funding also limits the deliberative potential of the MVRMA.     

Risk of Public Disclosure in Environmental Farm Plan Programs: Characteristics and Mitigating Legal and Policy Strategies

Although various studies have shown thatfarmers believe there is the need for a producer-ledinitiative to address the environmental problems fromagriculture, farmers in several Canadian provinceshave been reluctant to widely participate inEnvironmental Farm Plan (EFP) programs. Few studieshave examined the key issues associated with adoptingEFP programs based on farmers', as opposed to policymakers', perspectives on why producers are reluctantto participate in the program. A study adapting VanRaaij's (1981) conceptual model of the decision-makingenvironment of the firm, and prospect theory on valuefunctions associated with the gains and losses fromrisky choices can be used to characterize how farmersperceive potential risks in environmental farmplanning. This framework can be used to assert thatfarmers are concerned about risks of public disclosureof potentially incriminating environmental informationfrom farms because the EFP program requirements foridentification and extensive documentation of farminformation is perceived by farmers as facilitatingthe accessibility of environmental information to thepublic, and public investigative efforts. Although theEFP program does not explicitly generate informationabout the environmental conditions of a farm nor thedisclosure of such information to the public, itcreates the possibility of generating and divulgingpotentially incriminating information that the farmermay want to treat as confidential. Yet, alone, theserisks of public disclosure concerns should not preventfarmers from participating in the EFP. Awareness ofand participation in environmental farm planning canbe increased if farmers and policy makers understandwhat the risks are, and how they arise. Aspects of theEFP process that have the potential to generate riskof public disclosure concerns relate to farm reviews,documentation and record keeping, and correctiveaction plans. There are legal and policy instrumentsthat can offer various forms of protection and helpminimize such risks, and these need to be assessed.     

加拿大环境产业发展对我国的启示

环境产业具有良好的生态效益和经济效益。发展环境产业是治理环境污染、应对生态危机的治本之策、长远之计。加拿大环境产业已成为支撑本国经济社会发展的支柱产业,本文分析了加拿大政府、企业和科研机构在环境产业发展中相互合作发挥的重要作用,对我国环境产业的改革和发展具有一定的启示。     

Potential environmental fate of elsinochrome A,a perylenequinone toxin produced in culture by bindweed biocontrol fungus Stagonospora convolvuli LA39

The photosensitizing perylenequinone toxin elsinochrome A (EA) is produced in culture by the bindweed biocontrol fungus Stagonospora convolvuli LA39 where it apparently plays a pathogenicity related role. We investigated the fate of EA with reference to its stability under different temperature and light conditions. EA remained stable when boiled in water at 100^∘C for 2 h. Similarly, exposing EA to 3–27^∘C in the dark for up to 16 weeks did not affect its stability either in dry or in aqueous form. However, results from irradiation experiments indicate that direct photolysis may be a significant degradation pathway for EA in the environment. EA either in dry form or dissolved in water was degraded by different irradiation wavelengths and intensities, with degradation plots fitting a first order rate kinetics. EA degraded faster if exposed in aqueous form, and at higher quantum flux density (μmol s⁻¹ m⁻²). Sunlight was more effective in degrading EA than artificial white light and ultraviolet radiations (UV-A or UV-B). Exposing EA to natural sunlight, particularly, during the intense sunshine (1,420– 1,640 μmol s⁻¹ m⁻²) days of 30 July to 5 August 2004 in Zurich caused the substance to degrade rapidly with half-life under such condition only 14 h. This implies that should EA gets into the environment, particularly on exposed environmental niches, such as on plant surfaces through biocontrol product spray, or released from shed diseased leaves, it may have no chance of accumulating to ‘level of concern’. Furthermore, a toxicity assay using Trichoderma atroviride P1 as biosensor showed that photo-degraded EA was not toxic, indicating that no stable toxic by-products were left.     

Risk of public disclosure in environmental farm plan programs: Characteristics and mitigating legal and policy strategies

Although various studies have shown that farmers believe there is the need for a producer-led initiative to address the environmental problems from agriculture, farmers in several Canadian provinces have been reluctant to widely participate in Environmental Farm Plan (EFP) programs. Few studies have examined the key issues associated with adopting EFP programs based on farmers’, as opposed to policy makers’, perspectives on why producers are reluctant to participate in the program. A study adapting Van Raaij’s (1981) conceptual model of the decision-making environment of the firm, and prospect theory on value functions associated with the gains and losses from risky choices can be used to characterize how farmers perceive potential risks in environmental farm planning. This framework can be used to assert that farmers are concerned about risks of public disclosure of potentially incriminating environmental information from farms because the EFP program requirements for identification and extensive documentation of farm information is perceived by farmers as facilitating the accessibility of environmental information to the public, and public investigative efforts. Although the EFP program does not explicitly generate information about the environmental conditions of a farm nor the disclosure of such information to the public, it creates the possibility of generating and divulging potentially incriminating information that the farmer may want to treat as confidential. Yet, alone, these risks of public disclosure concerns should not prevent farmers from participating in the EFP. Awareness of and participation in environmental farm planning can be increased if farmers and policy makers understand what the risks are, and how they arise. Aspects of the EFP process that have the potential to generate risk of public disclosure concerns relate to farm reviews, documentation and record keeping, and corrective action plans. There are legal and policy instruments that can offer various forms of protection and help minimize such risks, and these need to be assessed.     

加拿大的环境产业

本文是根据加拿大统计局于1997年对加拿大环境产业所作调查进行的归纳总结,介绍了近几年来,加拿大环境保护产业发展迅速,为加拿大的经济发展和环境保护作出了巨大贡献。并由此对中国环保产业的定义、分类,产业调查方法和预测研究提出了建议。     

A study of compliance with environmental regulations of ISO 14001 certified companies in Korea

This article investigates the impact of ISO 14001 certification on the compliance with environmental regulations by Korean companies. The impact of ISO 14001 certification on the industry was studied through a questionnaire survey and the compliance of environmental regulations were investigated using government-released data. The motivation for an environment management system was a result of the current international situation and the need to maintain fair competition. ISO 14001 certification has been recognized as an essential strategy for industrial competition and to improve company/product recognition. The certified and non-certified companies' environmental regulation violation (ERV) rates were 3.5% and 11.6%, respectively, in 1997. In 1998, the ERV rate had an eight-time difference with 1.0% and 8.5% for certified and non-certified companies, respectively. Annual regulation violation rates were reduced from 3.5% in 1997 to 1.0% in 1998 with certified companies and from 11.6% in 1997 to 8.5% in 1998 with their non-certified counterparts, respectively. ISO 14001 certified companies showed more improvement than non-certified companies in regards to environmental performance.     

Learning through public involvement in environmental assessment hearings

This research examined the opportunities for critical education available to participants of a federal environmental assessment (EA) that includes hearings. The Sable Gas Panel Review, an assessment of a natural gas project situated in the Maritimes, was undertaken between 1996 and 1997. This study documented what participants learned through their experiences and how that learning was facilitated. Primary data collection emphasized the use of semi-structured interviews to record the experientially based observations of panel participants. Primary data were supported by a review of material submitted by hearing participants for consideration by the panel, and complemented with literature related to EA, environmental education, and transformational learning theories. Evidence was considered in terms of assessment-specific operational definitions, developed from Shor (1993) [Education is politics: Paulo Freire's Critical Pedagogy. In: McLaren, P., Leonard, P. (Eds.), Paulo Freire : A critical Encounter, Routledge, New York, pp. 25-35] ten indicators of critical education. The study revealed that participants of the Sable Gas panel review had an opportunity to engage in critical education. While it is important to acknowledge that the panel did not set out to engage participants in a 'critical educational' experience, each of the 10 operational definitions of critical education used in the study were addressed to varying degrees through activities undertaken by the panel secretariat. Results illustrate the types of educational opportunities, such as a class on how to participate in a quasi-judicial hearing, and the importance of participant-led research that can arise out of the panel review process. The findings of this research contribute to the evolving literature regarding the role of critical education in EA and environmental management. Understanding the existing scope of critical education within a panel review provides the foundation for identifying opportunities for expanding the capacity of the existing EA process to facilitate learning by participants.     

A Critical Review of Environmental Impact Statements in Sri Lanka with Particular Reference to Ecological Impact Assessment

This article critically reviews environmental assessment (EA) practices in Sri Lanka, with a particular focus on ecology. An overview is provided of the domestic and international influences which have shaped the administrative process which is currently a two-tiered scheme. An Initial Environmental Examination (IEE) provides a preliminary screening tool, prior to the requirement for a full Environmental Impact Assessment (EIA). A comprehensive survey of Sri Lankan national archives showed that 463 EAs were completed in the period 1981–2005, with the bulk of these in the more populated Western and North Western Provinces. Two-thirds were IEE surveys, while the remaining third advanced to full EIA. A representative sample of 130 EAs (both IEEs and full EIAs) spanning a broad range of project types, scales, and environmental settings was selected to evaluate the quality of the ecological investigations within the published environmental impact statements (EISs). These were assigned into five classes of “explanatory power”, on the basis of their scientific content in relation to survey, analysis, and reporting of ecological interests. Within most EISs, the ecological impact assessment (EcIA) was restricted to the lowest two categories of ecological assessment, i.e., tokenistic presentation of reconnaissance-level species lists without further analysis of the development implications for individual organisms or communities. None of the assessments reviewed provided statistically rigorous analysis, which would be required if ecological impact studies are to include quantitative and testable predictions of impact, which could then be followed up by appropriate post-impact monitoring programs. Attention to key local issues such as biodiversity or ecosystem services, which also have strong social dimensions in the developing world, was also notably underrepresented. It was thus concluded that despite the existence of a sound legislative framework in Sri Lanka, the analysis contained within EISs generally fails to convey meaningful information to the relevant stakeholders and decision makers involved in protecting ecological interests and promoting sustainable development. The introduction of strategic environmental assessment (SEA) is considered an important tool to strengthen the institutional capacity of Sri Lankan government to implement current regulations and, in particular, to combat the cumulative effects of incremental development.     

PROFILE: Integrating Sustainability and Environmental Impact Assessment

/ Environmental impact assessment (EIA) has been identified as an important instrument for facilitating sustainability. However, to do so requires the integration of sustainability into EIA theory and practice. The sustainability concept is a valid and important environmental management perspective. However, many issues and obstacles need to be addressed further if the concept is to be translated into practical strategies. Sustainability can potentially infuse EIA with a clearer sense of direction, an ethical foundation, a mechanism for establishing priorities and assessing choices, and a means of linking EIA to other environmental management instruments. Conceptually, EIA and sustainability can be integrated, but frameworks should be refined, adpated to context, and linked to related initiatives. Sustainability should be explicitly incorporated into EIA legislation, guidelines, and institutional arrangements. An experimental approach to testing, assessing, and sharing experiences is suggested.A framework is first presented that defines and characterizes the sustainability concept. A further framework is then described for integrating sustainability into EIA at the conceptual level. The integration of sustainability and EIA at the regulatory level is next addressed through an overview of sustainability initiatives in EIA requirements in Canada. The Canadian examples include many promising initiatives but these and other experiences will need to be monitored, shared, and integrated into comprehensive environmental management strategies. Finally, means of incorporating sustainability into each activity in the EIA planning process are identified.KEY WORDS: Sustainability; Environmental impact assessment     

A review of WTO and environmental issues

Multiple negotiating rounds of the General Agreement on Tariffs and Trade (GATT) and World Trade Organization (WTO) since 1947 have conferred economic benefits through liberalized international trade. A growing body of evidence also points to linkages between liberalized trade and damage to the global environment, ecology, and natural resource base. Ironically, the increased economic well-being conferred by trade liberalization ultimately provides the basis for improved environmental protection. It is the interim environmental damage due to trade liberalization that is controversial and needing amelioration. The proposition here is to promote further trade liberalization, but only as long as environmental ethics and sustainability issues are satisfactorily addressed. Trade liberalization should not be permitted at the expense of adequate environmental protection and sustainability. Future WTO rounds need to address both development benefits and environmental ethics issues in a net social welfare maximization setting.     

The environmental attitudes inventory: A valid and reliable measure to assess the structure of environmental attitudes

Environmental attitudes (EA), a crucial construct in environmental psychology, are a psychological tendency expressed by evaluating the natural environment with some degree of favour or disfavour. There are hundreds of EA measures available based on different conceptual and theoretical frameworks, and most researchers prefer to generate new measures rather than organize those already available. The present research provides a cumulative and theoretical approach to the measurement of EA, in which the multidimensional and hierarchical nature of EA is considered. Reported are findings from three studies on the development of a psychometrically sound, multidimensional inventory to assess EA cross-culturally, the Environmental Attitudes Inventory (EAI). The EAI has twelve specific scales that capture the main facets measured by previous research. The twelve factors were established through confirmatory factor analyses, and the EAI scales are shown to be unidimensional scales with high internal consistency, homogeneity and high test-retest reliability, and also to be largely free from social desirability.     

Problems and Prospects in Local Environmental Assessment: Lessons from the United States

Local environmental assessment (EA), mandated by five US states, has introduced complex management issues for practitioners and policy makers. Based on a review of statutes, case law, and prior EA evaluations,this paper outlines three key issue areas for local EA: linking comprehensive planning and EA; making the threshold determination process more certain; and balancing mitigation with public participation. The paper argues that all the issues reflect a central tension in environmentalassessment between procedural consistency and the need for contingent responses to conditions that differ among the projects to be reviewed.