The role of scientists in statutory interpretation of the U.S. Endangered Species Act

Like many federal statutes, the U.S. Endangered Species Act (ESA) contains vague or ambiguous language. The meaning imparted to the ESA's unclear language can profoundly impact the fates of endangered and threatened species. Hence, conservation scientists should contribute to the interpretation of the ESA when vague or ambiguous language contains scientific words or refers to scientific concepts. Scientists need to know at least these 2 facts about statutory interpretation: statutory interpretation is subjective and the potential influence of normative values results in different expectations for the parties involved. With the possible exception of judges, all conventional participants in statutory interpretation are serving their own interests, advocating for their preferred policies, or biased. Hence, scientists can play a unique role by informing the interpretative process with objective, policy‐neutral information. Conversely, scientists may act as advocates for their preferred interpretation of unclear statutory language. The different roles scientists might play in statutory interpretation raise the issues of advocacy and competency. Advocating for a preferred statutory interpretation is legitimate political behavior by scientists, but statutory interpretation can be strongly influenced by normative values. Therefore, scientists must be careful not to commit stealth policy advocacy. Most conservation scientists lack demonstrable competence in statutory interpretation and therefore should consult or collaborate with lawyers when interpreting statutes. Professional scientific societies are widely perceived by the public as unbiased sources of objective information. Therefore, professional scientific societies should remain policy neutral and present all interpretations of unclear statutory language; explain the semantics and science both supporting and contradicting each interpretation; and describe the potential consequences of implementing each interpretation. A review of scientists’ interpretations of the phrase “significant portion of its range” in the ESA is used to critique the role of scientists and professional societies in statutory interpretation.     

Emerging technology for increasing glucosinolates in arugula and mustard greens

Two plant species, arugula (Eruca sativa) and mustard (Brassica juncea) were field-grown under four soil management practices: soil mixed with municipal sewage sludge (SS), soil mixed with horse manure (HM), soil mixed with chicken manure (CM), and no-mulch bare soil (NM) to investigate the impact of soil amendments on the concentration of glucosinolates (GSLs) in their shoots. GSLs, hydrophilic plant secondary metabolites in arugula and mustard were extracted using boiling methanol and separated by adsorption on sephadex ion exchange disposable pipette tips filled with DEAE, a weak base, with a net positive charge that exchange anions such as GSLs. Quantification of GSLs was based on inactivation of arugula and mustard myrosinase and liberation of the glucose moiety from the GSLs molecule by addition of standardized myrosinase (thioglucosidase) and spectrophotometric quantification of the liberated glucose moiety. Overall, GSLs concentrations were significantly greater (1287 µg g^?1 fresh shoots) in plants grown in SS compared to 929, 890, and 981 µg g^?1 fresh shoots in plants grown in CM, HM, and NM soil, respectively. Results also revealed that mustard shoots contained greater concentrations of GSLs (974 µg g^?1 fresh shoots) compared to arugula (651 µg g^?1 fresh shoots).     

Development of soil chemical and biological properties in the initial stages of post-mining deposition sites

The aim of this study was to assess the seasonal development of the physicochemical (pH, organic C, organic N, extractable P, Ca²⁺, Mg²⁺) and biological soil properties (microbial biomass, activities of urease, dehydrogenase and alkaline phosphatase) of the topsoil of mine deposition sites that differed based on the material used exclusively for their creation: (a) marlstones, (b) red-grey formations (RGF), and (c) fly ash (FA), during the first year after their creation. Our hypothesis was that all deposition sites, regardless the material they consist of, present equal opportunities for the establishment of spontaneous vegetation. All macronutrients concentrations (P, Ca²⁺, and Mg²⁺) remained constant with time and were found to be higher in the FA sites. Organic C, organic N, all enzyme activities, and microbial biomass were higher in the RGF and marl depositions, with marl sites presenting the highest values. All values of biological variables, with the exception of alkaline phosphatase, increased with time. The alkaline environment along with the slow improvement in soil biological properties of the FA sites seemed to present the most unfavorable conditions for spontaneous vegetation growth. On the contrary, the other two spoil materials presented significant improvement in the initial stages of soil formation in terms of soil functionality.     

Understanding conservationists’ perspectives on the new‐conservation debate

A vibrant debate about the future direction of biodiversity conservation centers on the merits of the so‐called new conservation. Proponents of the new conservation advocate a series of positions on key conservation ideas, such as the importance of human‐dominated landscapes and conservation's engagement with capitalism. These have been fiercely contested in a debate dominated by a few high‐profile individuals, and so far there has been no empirical exploration of existing perspectives on these issues among a wider community of conservationists. We used Q methodology to examine empirically perspectives on the new conservation held by attendees at the 2015 International Congress for Conservation Biology (ICCB). Although we identified a consensus on several key issues, 3 distinct positions emerged: in favor of conservation to benefit people but opposed to links with capitalism and corporations, in favor of biocentric approaches but with less emphasis on wilderness protection than prominent opponents of new conservation, and in favor of the published new conservation perspective but with less emphasis on increasing human well‐being as a goal of conservation. Our results revealed differences between the debate on the new conservation in the literature and views held within a wider, but still limited, conservation community and demonstrated the existence of at least one viewpoint (in favor of conservation to benefit people but opposed to links with capitalism and corporations) that is almost absent from the published debate. We hope the fuller understanding we present of the variety of views that exist but have not yet been heard, will improve the quality and tone of debates on the subject.     

Determinants of household fuel choices among Nigerian family heads: are there gender-differentiated impacts?

The consensus in the literature holds that female-headed households (FHHs) are more vulnerable to social and economic exclusion than male-headed households (MHHs). This paper investigates the socioeconomic determinants of household cooking fuel choices across MHHs and FHHs, using the rich Nigerian Demographic Health Survey data. Using the exogenous switching treatment effect regression (ESTER) technique, the study is able to unravel differences in socioeconomic effects of gender inequality on cooking fuel choices in Nigeria. The results validate the energy ladder hypothesis in the Nigerian case and show that the choices of dirty fuel (biomass) is more prevalent among the de-jure FHH when compared with the de-facto FHH and MHHs. Also, the probability of biomass-use among MHHs would have fallen by 1.3% if MHHs had similar socioeconomic attributes as the FHHs. In the same vain for FHHs, the probability of kerosene-use would have increased by 2%. The study observed no gender gap in kerosene-use. Thus, the established gender gap in biomass- and kerosene-use would have reduced to 6.7% and 2.8%, respectively, if the de-facto FHHs had same socioeconomic attributes as the de-jures. Considering the traditional gendered household division of labor within the households, de-jure FHHs’ energy choices may be due to limited economic opportunities that guarantees cleaner energy options.

     

Geochemical distribution,bioavailability and potential toxicity of some trace metals in a complex micro-tidal estuary,Southwest India

The spatial and temporal variations of some trace metals in the surface sediments of Cochin Estuary were analyzed along with their geochemical associations to identify the possible sources, bioavailability and the health risks posed by them. The dominance of kaolinite and suggested that clay minerals distribution is influenced by sediment sorting. Total metal analysis revealed enrichment for Cd, Pb and Zn due to anthropogenic activities. The speciation analysis established that notwithstanding the large availability, carbonate as well as organic and sulfides bound fractions showed negligible associations with most of the metals. Hydrous Fe–Mn oxides appeared to play a major role in controlling the fate and transport of these metals in the sediments of Cochin Estuary. Lower contribution of the residual fractions for Cd (21%–26%), Pb (<60%) and Zn (24%–42%) indicated an obvious increase of other geochemical fractions. Risk assessment analysis revealed that regardless of total concentration, none of the analyzed metals were at safe levels in the estuary as appreciable percentages were found to be associated with mobile geochemical forms. The speciation study conspicuously established that the metals originating from non-geogenic sources are largely associated with the labile fractions and hence are more detrimental to the aquatic biota.     

Defining length-at-metamorphosis in fishes: a multi-character approach

The present study attempts to highlight the value of multi-character approaches for defining thresholds in fish ontogeny, like the onset of the juvenile period. We developed techniques to objectively define the transition from larval to juvenile development using morphometric as well as morphological characters and exemplify the multi-character approach on newly settled white sea-breams (Diplodus sargus sargus) collected from the eastern Mediterranean. The morphometric analysis was based on principles of multivariate allometry whereas the analysis of morphology, on assigning a suite of selected characters (here related to external morphology and osteological development) into larval, transforming and juvenile states. The size-at-change in multivariate allometric growth (L _m) is considered here to denote mean length-at-metamorphosis. An almost perfect match is demonstrated between L _m (‘multivariate morphometry’) and mean size-at-morphological change (‘multivariate morphology’) in white sea-bream.