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.     

Robust technology policy against emission leakage: The case of upstream subsidies

Asymmetric regulation of a global pollutant between countries can alter the competitiveness of industries and lead to emissions leakage, which hampers countries’ welfare. In order to limit leakage, governments consider supporting domestic trade-exposed firms by subsidizing their investments in abatement technology. The suppliers of such technologies tend to be less than perfectly competitive, particularly when both emissions regulations and advanced technologies are new. In this context of twin market failures, we consider the relative effects and desirability of subsidies for abatement technology. We find a more robust recommendation for upstream subsidies than for downstream subsidies. Downstream subsidies tend to increase global abatement technology prices, reduce pollution abatement abroad and increase emission leakage. On the contrary, upstream subsidies reduce abatement technology prices, and hence also emissions leakage.     

Vertical fiscal externalities and the environment

We show that imposition of a state-level environmental tax in a federation crowds out pre-existing federal taxes. We explain how this vertical fiscal externality can lead unilateral state-level environmental policy to generate a welfare gain in the implementing state, at the expense of other states, even absent any environmental benefits. Using a computable general equilibrium model of the Canadian federation, we show that vertical fiscal externalities can be the major determinant of the welfare change following environmental policy implementation by a state government. Our numerical simulations indicate that – as a consequence of vertical fiscal externalities – state governments can reduce greenhouse gas emissions by over 20 percent without any net cost to themselves.     

“We cannot let this happen again”: reversing UK flood policy in response to the Somerset Levels floods, 2014

The Multiple Streams Framework offers a theoretical account of how policy proposals move from latent possibilities to becoming favored for implementation. We apply this framework in the context of the policy response to the 2013–2014 flooding of the Somerset Levels and Moors. Stakeholder interviews and analysis of news media coverage evidence the way in which a specific policy option that had fallen out of favor with the national Environment Agency – dredging – came to the fore and was eventually adopted during the period in which the conjunction of problem, policy, and political pressures came to a head. Local political activists mobilized a wider campaign with the help of social media and capitalized on national political sensitivities to successfully promote dredging. What is less clear is the longevity of the policy reversal, given funding constraints.     

Normative Framing and Public Attitudes toward Biofuels Policies

Although the power of elite issue frames to shape public attitudes toward different policies is well established, the relative influence of different types of frames in competitive framing environments remains uncertain. For example, we do not fully understand the relative influence of economic versus normative frames on the public's policy attitudes, despite the common use of both types of frames to promote the same policy in many settings. Using data from a 2010 national Internet survey, this paper investigates the relative influence of economic versus normative frames on public attitudes toward the contentious policy issue of biofuels. The results indicate the importance of normative frames in shaping public attitudes on this issue, suggesting the relevance of normative frames more generally in shaping public opinion beyond the narrow confines of typical “morality” policies such as abortion or gambling.     

A transportation network assessment tool for hazardous material cargo routing: Weighing exposure health risks,proximity to vulnerable areas,delay costs and trucking expenses

The inherent risks associated with accidental releases of hazardous materials during transport have drawn attention and concerns in the recent decades. The aim of this study is to propose a tool for evaluation and comparison of the transportation networks which can be used to assess the routing options between origins and destinations of the cargos for their suitability for transporting hazardous material cargos by tanker trucks and to identify routes which provide lower accidental release risks, lower public exposure risks, and offer economical benefits. Each route segment of transportation networks were evaluated using specific criteria which included health risk and cost of delay in case of an accidental release of materials, trucking cost and proximity to vulnerable areas. Since, the health impact of hazardous materials differ depending on the characteristics of the material being transported as well as release quantities and atmospheric conditions; this paper aimed in providing a tool that can be used to estimate the impact radius (for health risks) after accidental release of hazardous materials by taking into account different atmospheric conditions based on the meteorological data and solar elevation angle. The Gaussian air dispersion model paired with ArcGIS using Python programming were employed to estimate the health risk impact zones by considering the meteorological data, and accordingly to analyze road segments for cost impacts (delay and trucking costs), and the proximity to vulnerable areas. The route assessment tool was demonstrated with a case study. The results of this study can efficiently aid decision makers for transportation of hazardous materials.     

Implications of different population model structures for management of threatened plants

Population viability analysis (PVA) is a reliable tool for ranking management options for a range of species despite parameter uncertainty. No one has yet investigated whether this holds true for model uncertainty for species with complex life histories and for responses to multiple threats. We tested whether a range of model structures yielded similar rankings of management and threat scenarios for 2 plant species with complex postfire responses. We examined 2 contrasting species from different plant functional types: an obligate seeding shrub and a facultative resprouting shrub. We exposed each to altered fire regimes and an additional, species‐specific threat. Long‐term demographic data sets were used to construct an individual‐based model (IBM), a complex stage‐based model, and a simple matrix model that subsumes all life stages into 2 or 3 stages. Agreement across models was good under some scenarios and poor under others. Results from the simple and complex matrix models were more similar to each other than to the IBM. Results were robust across models when dominant threats are considered but were less so for smaller effects. Robustness also broke down as the scenarios deviated from baseline conditions, likely the result of a number of factors related to the complexity of the species’ life history and how it was represented in a model. Although PVA can be an invaluable tool for integrating data and understanding species’ responses to threats and management strategies, this is best achieved in the context of decision support for adaptive management alongside multiple lines of evidence and expert critique of model construction and output.     

The difficulties of systematic reviews

The need for robust evidence to support conservation actions has driven the adoption of systematic approaches to research synthesis in ecology. However, applying systematic review to complex or open questions remains challenging, and this task is becoming more difficult as the quantity of scientific literature increases. We drew on the science of linguistics for guidance as to why the process of identifying and sorting information during systematic review remains so labor intensive, and to provide potential solutions. Several linguistic properties of peer‐reviewed corpora—including nonrandom selection of review topics, small‐world properties of semantic networks, and spatiotemporal variation in word meaning—greatly increase the effort needed to complete the systematic review process. Conversely, the resolution of these semantic complexities is a common motivation for narrative reviews, but this process is rarely enacted with the rigor applied during linguistic analysis. Therefore, linguistics provides a unifying framework for understanding some key challenges of systematic review and highlights 2 useful directions for future research. First, in cases where semantic complexity generates barriers to synthesis, ecologists should consider drawing on existing methods—such as natural language processing or the construction of research thesauri and ontologies—that provide tools for mapping and resolving that complexity. These tools could help individual researchers classify research material in a more robust manner and provide valuable guidance for future researchers on that topic. Second, a linguistic perspective highlights that scientific writing is a rich resource worthy of detailed study, an observation that can sometimes be lost during the search for data during systematic review or meta‐analysis. For example, mapping semantic networks can reveal redundancy and complementarity among scientific concepts, leading to new insights and research questions. Consequently, wider adoption of linguistic approaches may facilitate improved rigor and richness in research synthesis.     

The city as a refuge for insect pollinators

Research on urban insect pollinators is changing views on the biological value and ecological importance of cities. The abundance and diversity of native bee species in urban landscapes that are absent in nearby rural lands evidence the biological value and ecological importance of cities and have implications for biodiversity conservation. Lagging behind this revised image of the city are urban conservation programs that historically have invested in education and outreach rather than programs designed to achieve high‐priority species conservation results. We synthesized research on urban bee species diversity and abundance to determine how urban conservation could be repositioned to better align with new views on the ecological importance of urban landscapes. Due to insect pollinators’ relatively small functional requirements—habitat range, life cycle, and nesting behavior—relative to larger mammals, we argue that pollinators put high‐priority and high‐impact urban conservation within reach. In a rapidly urbanizing world, transforming how environmental managers view the city can improve citizen engagement and contribute to the development of more sustainable urbanization.     

Parks versus PES: Evaluating direct and incentive-based land conservation in Mexico

Protected areas (PAs) and payments for ecosystem services (PES) are the top two mechanisms available for countries to achieve international REDD agreements, yet there are few empirical comparisons of their effects. We estimate the impacts of PAs and PES on forest conservation, poverty reduction, and population change at the locality level in Mexico in the 2000s. Both policies conserved forest, generating an approximately 20–25% reduction in expected forest cover loss. PES created statistically significant but small poverty alleviation while PAs had overall neutral impacts on livelihoods. Estimates by individual policy type for the same level of deforestation risk indicate that biosphere reserves and PES balanced conservation and livelihood goals better than strict protected areas or mixed-use areas. This suggests that both direct and incentive-based instruments can be effective, and that policies combining sustainable financing, flexible zoning, and recognition of local economic goals are more likely to achieve conservation without harming livelihoods.