The US Clean Water Act and habitat replacement: evaluation of mitigation sites in Orange County,California, USA

Both permit requirements and ecological assessments have been used to evaluate mitigation success. This analysis combines these two approaches to evaluate mitigation required under Section 404 of the United States Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act, which allow developers to provide compensatory mitigation for unavoidable impacts to wetlands. This study reviewed permit files and conducted field assessments of mitigation sites to evaluate the effectiveness of mitigation required by the US Army Corps of Engineers for all permits issued in Orange County, California from 1979 through 1993. The 535 permit actions approved during this period allowed 157 ha of impacts. Mitigation was required on 70 of these actions, with 152 ha of enhanced, restored, and created habitat required for 136 ha of impacts. In 15 permit actions, no mitigation project was constructed, but in only two cases was the originally permitted project built; the two cases resulted in an unmitigated loss of 1.6 ha. Of the remaining 55 sites, 55% were successful at meeting the permit conditions while 11% failed to do so. Based on a qualitative assessment of habitat quality, only 16% of the sites could be considered successful and 26% were considered failures. Thus, of the 126 ha of habitat lost due to the 55 projects, only 26 ha of mitigation was considered successful. The low success rate was not due to poor enforcement, although nearly half of the projects did not comply with all permit conditions. Mitigation success could best be improved by requiring mitigation plans to have performance standards based on habitat functions.     

INCENTIVE-BASED NONPOINT SOURCE POLLUTION ABATEMENT IN A REAUTHORIZED CLEAN WATER ACT1

ABSTRACT: This paper summarizes key provisions of the Clinton Administration's proposals for change in the Clean Water Act. Two of the important themes for change are tougher controls for non-point source pollution and the use of market-based instruments. A detailed analysis of market-based abatement suggests limited potential for reducing costs. The keys to nonpoint source pollution control are clearer definition of property rights combined with changes in government programs that encourage polluting activities.     

Critical habitat designation: Is it prudent?

The critical habitat provision of the US Endangered Species Act was believed by many to be a key feature of the Act. It was believed that this provision would benefit federally listed endangered and threatened species. However, only 23% of the listed species in the United States have their critical habitats designated. The current trend is to forego critical habitat designation because the federal government believes that the Endangered Species Act can protect most listed species without resort to the critical habitat provision. Required publication of critical habitat locations in theFederal Register may draw vandals and collectors to rare species. In other cases, existing habitat protection already provides adequate protection for species. In a few instances critical habitat changes over time and is difficult to delineate. Lastly, designating critical habitat is time consuming, delays species listing, and is controversial, detracting from the positive image of the Endangered Species Act.     

Landscape Equivalency Analysis: Methodology for Estimating Spatially Explicit Biodiversity Credits

We propose a biodiversity credit system for trading endangered species habitat designed to minimize and reverse the negative effects of habitat loss and fragmentation, the leading cause of species endangerment in the United States. Given the increasing demand for land, approaches that explicitly balance economic goals against conservation goals are required. The Endangered Species Act balances these conflicts based on the cost to replace habitat. Conservation banking is a means to manage this balance, and we argue for its use to mitigate the effects of habitat fragmentation. Mitigating the effects of land development on biodiversity requires decisions that recognize regional ecological effects resulting from local economic decisions. We propose Landscape Equivalency Analysis (LEA), a landscape-scale approach similar to HEA, as an accounting system to calculate conservation banking credits so that habitat trades do not exacerbate regional ecological effects of local decisions. Credits purchased by public agencies or NGOs for purposes other than mitigating a take create a net investment in natural capital leading to habitat defragmentation. Credits calculated by LEA use metapopulation genetic theory to estimate sustainability criteria against which all trades are judged. The approach is rooted in well-accepted ecological, evolutionary, and economic theory, which helps compensate for the degree of uncertainty regarding the effects of habitat loss and fragmentation on endangered species. LEA requires application of greater scientific rigor than typically applied to endangered species management on private lands but provides an objective, conceptually sound basis for achieving the often conflicting goals of economic efficiency and long-term ecological sustainability.     

The Impact of Scrubber Sludge on Ground Water Quality at an Abandoned Mine Site

A sulfate-rich flue gas desulfurization scrubber sludge was used as a substitute backfill material in reclamation of an abandoned coal strip mine. The site was surrounded by monitor wells and the material was characterized for leaching behavior using open column experiments. A drain was placed directly beneath the 45 000 ton fill to enable sampling before dilution or attenuation. The column studies indicated that the scrubber sludge would adsorb manganese, iron, aluminium, cobalt, nickel, thallium and zinc contaminants from the water. Changes in pH appear inadequate to explain the removal by precipitation. The groundwater cleaning phenomenon has been confirmed on a field scale by the drain samples. Boron and molybdenum leach from the fly ash was used to fix the scrubber sludge and serve as marker elements enabling calibration of the dispersivity in computer models of the groundwater system at the site. The leachate front appears to be diluted by a factor of 8 : 1 within the first 15 meters. Since boron and molybdenum release are associated only with the first flush, environmental impacts will be minimal. Columns appear to create a time compression effect on the duration of leaching phenomenon. The effect for this site appears to be at least 5 : 1. The columns were effective in predicting which elements would leach or adsorb in the field and in predicting the actual source concentrations. Other shake tests such as the TCLP and the ASTM shake test were found to be less effective at predicting which elements would leach and were not helpful in predicting field concentrations.     

环境救济法的体系——由四川藏区农村环境公害问题引出

以四川藏区农村的环境公害问题为引入对象,结合先进国家和地区的农村生态环境法制管理救济机制和应对机制,从现行相关程序法和实体法的法理角度,初步阐释适合我国农村生态环境法制实现的救济处理机制和救济途径,从而在一定程序上构建起我国的环境救济法体系。     

Performance Criteria, Compliance Success, and Vegetation Development in Compensatory Mitigation Wetlands

The US Army Corps of Engineers often requires wetland creation or restoration as compensation for wetlands damaged during development. These wetlands are typically monitored postconstruction to determine the level of compliance with respect to site-specific performance standards. However, defining appropriate goals and measuring success of restorations has proven difficult. We reviewed monitoring information for 76 wetlands constructed between 1992 and 2002 to summarize the performance criteria used to measure progress, assess compliance with those criteria, and, finally, to evaluate the appropriateness of those criteria. Goals were overwhelmingly focused on plant communities. Attributes used to assess the quality of restored plant communities, including percent native species and the Floristic Quality Index, increased over time but were apparently unrelated to the number of species planted. Compliance frequencies varied depending on site goals; sites often failed to comply with criteria related to survival of planted vegetation or requirements that dominant plant species should not be exotic or weedy, whereas criteria related to the establishment of cover by vegetation or by wetland-dependent plants were often met. Judgment of a site’s success or failure was largely a function of the goals set for the site. Some performance criteria were too lenient to be of value in distinguishing failed from successful sites, whereas other criteria were unachievable without more intensive site management. More appropriate goals could be devised for restored wetlands by basing performance standards on past performance of similar restorations, identifying consistent temporal trends in attributes of restored sites, and using natural wetlands as references.     

Riverbanks and the law: The arbitrary nature of river boundaries in New South Wales,Australia

Key aspects of environmental management exist within a legislative framework. The Rivers and Foreshores Improvement Act 1948 (NSW) and several Regional Environmental Plans created under the Environmental Planning and Assessment Act 1979 (NSW) make reference to ‘the top of the bank’ for defining areas of protected land adjacent to rivers, within which development consent may be required. It is an arbitrary term and its use within the Rivers and Foreshores Improvement Act 1948 (NSW) leads to confusion. This paper examines the range of definitions of ‘the top of the bank’ in respect of natural watercourses and aims to provide a more lucid and effective definition that will clarify existing ambiguities in legal interpretation. The paper examines the historical origins of the phrase ‘top of the bank’, finding that stereotyped Eurocentric views of what a river ‘should look like’ have impaired the legal definition for Australian rivers, thereby influencing common law and the development of statutory definitions. Judicial applications of the phrase ‘top of the bank’ are examined from a geomorphological perspective, demonstrating the misconceptions of the term in a legal context. The paper identifies the existence of widespread support for the need to protect land adjacent to rivers in the interests of environmental, economic and social sustainability. It concludes by calling for legislative reform that is both tailored to the individual site and consistent with overarching goals at the catchment scale.     

A CASE STUDY IN THE IMPLEMENTATION OF THE FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS1

ABSTRACT: A general model of the policy implementation process is utilized to facilitate a discussion of the way Section 208 of PL 92-500 is being carried out on an areawide basis. A study of four “208 areas” in the “New York-Philadelphia corridor” highlights the operation of several variables used in the model. The varying political and socioeconomic conditions in geographic areas which have similar water quality problems are leading to the evolution of vastly different implementing structures, or institutional arrangements. The analysis suggests that these differences may have important implications for the success of the program in each of these areas. A major underlying theme is that such problems are characteristic of the 208 process nationwide and reflect general difficulties associated with managing water quality in a federal system.     

Evaluation of the First Phase of Sulfur Dioxide and Nitrogen Oxides Provisions of the 1990 Clean Air Act: A Plant-Based Approach

Electric power generating plants that use coal were among the key targets of Title IV of the 1990 Clean Air Act. Under the first phase of the act, 110 coal-fired electric power plants were required to reduce their sulfur dioxide emissions by 1995 and nitrogen oxide emissions by 1996. Phase 2 of the act requires even greater reduction of sulfur dioxide emissions by 2000 and nitrogen oxide emissions by 2008. This study examines whether the 107 targeted plants (three plants went off-line) have achieved the desired sulfur dioxide and nitrogen oxide emission levels. The analysis of sulfur dioxide is based on data from 1990, 1995, and 1999. The findings show that although sulfur oxide increased by 3% from 1995 to 1999, it decreased by 45% over the 1990–1999 period at the firm level for the targeted firms. The findings also indicate that the overall reduction in sulfur dioxide was achieved by utilizing low sulfur coal and by purchasing emission allowances. So far as nitrogen oxides are concerned, there has been a reduction of 14% over the 1990–1999 period, of which 7% was achieved during the 1995–1999 period. An evaluation of emissions at the plant level indicates that several plants do not meet the emissions level for sulfur dioxide or nitrogen oxides. These results provide a mixed scorecard for reduction in emissions both for sulfur dioxide and nitrogen oxides. Even though there is reduction in the emissions on an overall basis at the firm level, several plants that have not been able to reduce emissions deserve special attention to meet the goals of the act in reducing emissions.