New federalism and state implementation of the Clean Water Act

An important goal of the Reagan administration has been to shift responsibility for many public programs from the US federal government to the states. This New Federalism seeks to restore a proper balance to the federal system and to ensure an effective working partnership between the states and the federal government. Such a partnership is especially important for many environmental laws because these laws often give states primary responsibility for the control and abatement of pollution.This research examines the extent to which the Reagan administration has succeeded in improving intergovernmental environmental relations in terms of state implementation of the Clean Water Act. Data from a 1985 survey of directors of state water quality control programs are compared with responses to a similar survey that the US General Accounting Office conducted in 1979. The latter survey found considerable dissatisfaction on the part of state directors with the quality of their relations with the US Environmental Protection Agency. Although some improvement can be noted between 1979 and 1985, the Reagan administration's efforts to improve intergovernmental relations appear to have been of limited consequence, to the possible detriment of effective implementation of the Clean Water Act.     

Sweet for the sour: Incentives in environmental mediation

The siting of facilities with undesirable environmental characteristics often leads to public conflict. Efforts to resolve the conflict and make siting decisions frequently exacerbate the problem. Environmental mediation, the process of negotiating an agreeable settlement, is an accepted approach to resolving conflict. This paper explores the use of incentive systems as a means of achieving equity in environmental mediation. Obnoxious and noxious characteristics of facilities are discussed as the basis of conflicts. Four types of incentives—mitigation, compensation, reward, and participation—are discussed. The paper concludes with a discussion of the utility and application of incentives for solving environmental conflicts.     

National policies for biosphere greenhouse gas management: issues and opportunities

Biosphere greenhouse gas (GHG) management consists of preserving and enhancing terrestrial carbon pools and producing biomass as a fossil fuel substitute. The discussion of this topic has focused primarily on carbon-accounting and project-level issues, particularly relating to carbon sequestration as a source of emissions credits under the Kyoto Protocol. While international consensus on these matters is needed, this paper argues that an important domestic policy agenda also deserves attention. National policies for biosphere GHG management are necessary to bring about large-scale changes in land-use, forestry, and agricultural practices and can address some of the technical and policy issues that have proven to be particularly problematic from carbon-accounting and project-level perspectives. These policies should minimize land-use and resource-management conflicts, account for collateral benefits, and ensure institutional compatibility with existing resource-management regimes. Issues relating to project permanence, leakage, and transaction costs should also be addressed. A range of policy instruments should be used and biosphere GHG management should be one component of an integrated approach to environmental and resource management. Countries promoting biosphere GHG management as an important element of their climate change strategies should be developing these domestic policies to complement international negotiations and to demonstrate that carbon sequestration and biomass production can make an effective contribution to the stabilization of atmospheric GHG concentrations.     

Environmental regulatory compliance on army lands: A case study

A “finding of no significant impact” (FONSI) resulting from an environmental assessment (EA) was reported by the US Army in June 1986 for the construction and utilization of a multipurpose range complex (MPRC) at the Pohakuloa Training Area, Hawaii. There was little public response, and the US Fish and Wildlife Service and state agencies were consulted and had few comments concerning the results of the botanical surveys used in the assessment. Construction of the $24 million project was begun in 1988. Near the end of construction in 1989 a lawsuit was filed to halt construction because an environmental impact statement (EIS) had not been done for the project, and the plaintiff thought that significant damage had occurred to several unusual ecosystems. Judgment was against the plaintiff and construction continued. An appeal was filed with the 9th Circuit Court. As MPRC construction was nearly complete, and on advice of Department of Justice lawyers, the Department of Army agreed to settle out of court. The settlement in part called for: (1) the plaintiff to drop the appeal and allow construction to be completed as scheduled, and (2) the Department of Army to prepare an EIS for the operation of the MPRC. A subsequent botanical survey for the EIS discovered one endangered plant species, four category 1 candidate plant species (taxa with sufficient data to support listing as endangered or threatened), three category 2 candidate plant species (taxa with some evidence of vulnerability but insufficient data to support listing at this time), one category 3a species (presumably extinct taxa), and possibly three undescribed species growing within the MPRC boundary. The MPRC case study is an excellent example of why the National Environmental Policy Act (NEPA) must be modified to require in-depth and thorough environmental surveys.     

Agenda setting and acid precipitation in the United States

The objective of this research was to analyze the retention of acid precipitation as a viable policy issue on the Congressional agenda during the 1980s. Issue maintenance (a term borrowed from Barbara Nelson's discussion of the four stages associated with agenda decision making) was examined in relation to a set of issue characteristics originally developed by Roger Cobb and Charles Elder, i.e., concreteness, social significance, temporal relevance, complexity, and categorical precedence. Each issue attribute was found to be somewhat useful in explaining the longevity of acid rain as an agenda item although the direction of influence for two factors, complexity and temporal relevance, was contrary to expectations. It was suggested that a conceptual merger of this sort could contribute to the comparative analysis of agenda policy decisions by providing a clearer and more restricted set of decision points to be explained.     

Material cycles in Asia: especially the recycling loop between Japan and China

In this article, we clarify the current status of Japanese exports and Chinese imports of secondary resources. A total of around 10 million metric tons (t) of secondary resources are exported annually from Japan to China, Hong Kong, and Korea. Hong Kong plays the role of a transshipment point, especially regarding the trade in plastic waste, and China imports much from the USA and Japan, often through Hong Kong. The secondary resources exported from Japan include both byproducts from manufacturing processes and end-of-life products or materials. The great demand in China, and the difference in prices between countries, drive this transboundary shipment, although Japan has enacted various recycling laws that were implicitly intended to promote domestic recycling. In China, the imported secondary resources are recycled, usually by means of primitive and low-cost hand labor. The greatest concern is whether there are still improper (illegal or polluting) recycling activities in China. International material cycles should prevent environmental pollution and ensure efficient resource utilization. To that end, the following measures are needed: cooperative control of the trade of secondary resources between countries, the alignment of domestic laws with the regulations in other countries based on the actual trade activities, and the realization of sound practices for global resources management.     

Conservation Opportunities for Securing In-Stream Flows in the Platte River Basin: A Case Study Drawing on Casper,Wyoming’s MunicipalWater Strategy

The Platte River Basin consists of tributaries largely in Wyoming, Colorado and Western Nebraska, with the main stem in Central Nebraska. Critical wildlife habitat on the main stem requires additional in-stream flows. The watershed is one hosting multiple resources, a variety of users, and managed by an array of state and federal agencies. This study proposes a basis for securing in-stream flows for the Platte River. Candidate water supply mechanisms are suggested based on the way in which Casper, Wyoming secured water for its municipal needs. Canal lining is compared to a dam project, increasing reservoir storage, and purchasing water rights, with consideration also made for water pricing to reduce municipal use. Comparisons are based on economic efficiency, potential water conservation, and property rights criteria. Canal lining, coupled with demand management, is shown to conserve water best, given the set of efficiency and cost criteria for in-stream flow enhancement. The approach offers an opportunity to organize the water supply choice context in a transboundary watershed when quantitative information is limited.     

Sustainability indicator system and policy processes in Malaysia: a framework for utilisation and learning

Formulation of effective sustainability indicators for national assessment demands a comprehensive understanding of the utilisation, diffusion and dissemination of information in policy processes. To illustrate the dynamic of sustainability assessment within the context of policy processes, this paper uses a case study of national sustainability indicators development in Malaysia. Subsequently, this paper ascribes the limited achievement of national sustainability assessment in Malaysia to four types of constraints: meta-policy issues; technical capacities; communication concerns; and the inherent knowledge gaps within the indicator developer community vis-a-vis their theoretical limitations. It is proposed that such constraints will be encountered in many countries. Drawing from the literature on public policy, this paper outlines a framework for investigating indicator behaviour within policy processes based on well-established concepts such as knowledge utilisation and policy learning. I conclude this paper by elaborating on the corresponding future challenges that must be addressed before effective integration of sustainability indicators within policy systems can occur.     

Evaluating Nonpoint Pollution Policy Using a Tightly Coupled Spatial Decision Support System

Policy makers often must rely on the cumulative impact of independent actions taken by local landowners to achieve environmental goals. The connection between policy, regulation, and local action, however, is often not well understood and, thus, the impact of proposed policies may be difficult to predict. In this study we evaluate the effectiveness of alternative policy scenarios for agricultural set aside programs (e.g., the conservation reserve program administered by the United States Department of Agriculture) in reducing nonpoint pollution. Two alternative policy scenarios are developed and analyzed; one based on the erodibility index (detachment), the other sediment yield (transport). An estimate of the cumulative impact of associated land use change on nonpoint pollution is made using the AGNPS distributed parameter watershed model. This work is completed within the Cypress Creek watershed in southern Illinois. An analysis of the resulting data suggests that the most efficacious regulatory strategy for achieving nonpoint water pollution goals depends, in part, on place-specific land use patterns. This conclusion provides a solid argument for place-based regulatory strategies.     

Monitoring, enforcement, and the choice of environmental policy instruments

How to choose among the dozen policy instruments available to environmental management agencies has been a matter of concern and debate among environmental economists for the entire life of the profession – nearly four decades. The ability, or lack of it, to measure the quantities or observe the actions made "enforceable" by particular policy instruments ought clearly to be central to this choice. However, all too often the monitoring problem has been assumed away. When it is reintroduced in realistic forms, we find, not surprisingly, that some favorite policy instruments, such as pollution charges, are not applicable to some important problems, such as runoff pollution from farms; that marginal subsidies, by changing the burden of proof, may no longer be symmetric with charges; and that the apparent freedom from monitoring requirements of the newly fashionable instrument involving the public provision of information about firms or products is "paid for" by our inability to say anything about its performance on other dimensions that are also of interest. Electronic Publication