The Supreme Court,the commerce clause,and natural resources

The Supreme Court's interpretation of the commerce clause controls the balance of power between state and federal governments in the United States. An understanding of the relationship between the different government levels is essential for resource managers concerned with resource and environmental issues. This study examines selected Supreme Court decisions between 1976 and 1988 to answer three questions raised by the commerce clause: (1) Is the regulated item an article of commerce? (2) Do state laws burden interstate commerce? (3) Is federal commerce regulation limited? The balance of power among the justices and the commerce clause theories affecting the federal role in resource management are also examined. Since ratification of the Constitution, the Supreme Court has continuously increased federal power, but states have power to act independently as long as contradictory federal laws do not exist and state law does not impermissively affect commerce. If Congress regulates an individual's use of resources, their power is unquestioned. Future Court decisions will not significantly reduce the federal role in resource management even if the Court's membership changes. Even the supporters of states' rights on the Court realize increased federal power is a necessary part of the country's evolution. The purpose of the commerce clause is to create a national economic unit with free location principles. The Court supports this purpose today and will in the future.     

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.     

China’s Import of Wastes and Its Implications

Abstract

The trade of wastes in the world has been increasing and China has become the largest importer of wastes. This paper examines the import trend of different wastes and finds out that the total import volume to China approved by the Chinese government keeps increasing and the illegal trade can not be banned despite repeated prohibitions; therefore, China is not only “a world factory”, but actually “a global garbage dump”. In order to well understand the implications of wastes import, this paper further analyzes the resource and environmental effects and risks of different wastes imports as well as the strong driving force of wastes imports. Based on these detailed analysis and solid data, policy recommendations are put forward to reduce the demand for raw materials, to further strengthen the inspection of and supervision over the international trade of the wastes that can be used as raw materials by using the life cycle analysis and risk analysis, to improve the environmental standards and strengthen the disposal capacity, to re-export the raw materials produced from the imported wastes, to develop the long-term planning for the import of wastes and to promote international cooperation.     

煤炭资源耗减价值及其“利益共享、风险共担”补偿机制研究

煤炭行业清费建税,资源税从价计征引起了社会各界对资源税费制度改革的热议,而资源耗减价值是资源税费制度改革的重要依据之一。将资源回采率纳入使用者成本模型,科学计量了我国2000-2011年间煤炭资源的耗减价值。分析表明:2000-2011年间,4%折现率下煤炭资源耗减价值增加了22倍之多,而资源税费却仅仅增长了7倍,煤炭资源耗减价值与资源税费实际征收额之间存在有巨大缺口得不到补偿;国家资源所有者权益的实现度与煤炭经济形势呈逆向分布,煤炭工业利润率的上升并没有带来国家资源所有者权益的增加,导致这种错位的原因与我国不合理的资源税收机制有很大关系;资源税税率的理论区间为1.11%-8.85%,与国家规定的2%-10%高度重合,从而说明国家决策的合理性。为使资源所有者权益的实现度与煤炭工业经济形势相"挂钩",以资源税收入等于资源耗减价值为切入点,对资源所有者权益的实现度进行数理分析,求得了资源税税率与当期资源价格的关系,发现固定税率的资源税难以适应市场波动,于是提出"资源税+利润税"的组合税收工具,确定了利润税的起征点,计算得出了资源税和利润税的税率组合。该组合税制在一定程度上能够平抑经济周期对煤炭工业造成的影响,同时又维护国家资源所有者权益,从而实现国家与煤炭工业"利益共享、风险共担"。     

Ecological approach to resource survey and planning for environmentally significant Areas: The ABC method

A resource survey and planning method for parks, reserves, and other environmentally significant areas (ESAs) is presented in the context of a holistic balanced approach to land use and environmental management. This method provides a framework for the acquisition, analysis, presentation, and application of diverse ecological data pertinent to land use planning and resource management within ESAs. Through the independent analysis and subsequent integration of abiotic, biotic, and cultural or ABC information, land areas within an ESA are identified in terms of their relative environmental significance and environmental constraints. The former term encompasses wildlife, historic, and other resource values, while the latter term reflects biophysical hazards and sensitivities, and land use conflicts. The method thus calls for a matching of an ESA's distinctive attributes with appropriate land use and institutional arrancements through an analysis of available acts, regulations, agencies, and other conservation and land use management mechanisms. The method culminates with a management proposal showing proposed park or reserve allocations, buffer areas, or other land use controls aimed at preserving an ESA's special ecological qualities, while providing for resource development. The authors suggest that all resource management decisions affecting ESA's should be governed by a philosophical stance that recognizes a spectrum of broad land use types, ranging from preservation to extractive use and rehabilitation.     

Evolving patterns of agricultural frontier expansion in Mexico’s Chihuahuan Desert: a political ecology approach

ABSTRACT

This study sought to understand why and how the area of irrigated agriculture in Janos County, in northwestern Chihuahua, Mexico, has tripled since 1987. Expansion of agricultural frontiers has often been attributed to state policies and programs or von Thünian land-rent dynamics. Here, a political ecology approach relying on qualitative interviews with landowners was used to understand the drivers and patterns of conversion from native rangeland to crops. Results show that socioeconomic patterns of agricultural frontier expansion evolved over time, with different drivers at different phases. State policies, especially the land reform, were initially important for settling the agriculture frontier in small farms. Subsequently, economic differentiation, intensification, and growth of existing farms drove expansion. Since 2010, expansion has been driven by investment-oriented land purchases by absentee owners and larger-than-family farms. The Janos case details what may be common but underappreciated temporal dynamics at agricultural frontiers.     

SEDIMENT OXYGEN DEMAND IN THE ARROYO COLORADO RIVER1

ABSTRACT: The lower reaches of the Arroyo Colorado have historically failed to meet their use under subsection 303(b) of the U.S. Clean Water Act due to fecal coliform bacteria and low dissolved oxygen (DO). Fish kills, especially at the tidal confluence at the Port of Harlingen, Texas, have been reported. Oxygen demand from sediment (SOD) for a river typically has two states‐diffusion limited SOD (SOD) and potential SOD (pSOD), expressed when sediment is resuspended through increased flow or other disturbances. The objective of this research was to measure SOD in the Arroyo Colorado River in situ, estimate pSOD ex situ, and evaluate the relationship between SOD and the depositional environment. We measured SOD and pSOD in the Arroyo Colorado River at up to eight sites over three sampling events. We identified the sample sites based on a modified Rosgen geomorphic index for streambed stabilization. Sites with high sediment deposition potential had high SOD. The average values of SOD between sites were 0.62 g/m²/day (standard deviation 0.38 g/m²/day) and ranged from 0.13 to 1.2 g/m²/day. Potential SOD values ranged from as low as 19.2 to as high as 2,779 g/m³ sediment/ day. Potential SOD can serve as an indicator of the possible impact of SOD from resuspended sediment in stream systems.     

Corruption in natural resource management: Implications for policy makers

Corruption is the main reason why resource-rich countries perform badly in economic terms. Corruption in resource-rich countries takes two main forms, rent-seeking and patronage. Resource rents induce rent-seeking as individuals compete for a share of the rents rather than use their time and skills more productively. And resource revenues induce patronage as governments pay off supporters to stay in power, resulting in reduced accountability and an inferior allocation of public funds. This paper systematically reviews the literature on natural resources and corruption, and outlines the main policy implications for donors and domestic policy makers. A main conclusion is that priority should be given to policies that address rent-seeking and patronage. In other words, policy in resource-rich countries should be less about macro-economic management and more about institutions to prevent rent-seeking and patronage, and about giving the right incentives to players in the resource sector. Moreover, all policies need to take into account their impact on rent-seeking and patronage, and some current policies may actually be harmful in this respect.     

An evaluation of resource inventory and monitoring program used in national forest planning

The National Forest Management Act (1976) specifies that multiresource inventories be conducted to provide baseline data for development and, later, monitoring of national forest management plans. This mandate entails the most ambitious and complex resource planning effort ever attempted. In this paper we evaluate the structure and use of current inventory-monitoring programs and recommend a framework for gathering data to improve national forest planning. Current national guidelines are general and provide only basic directions to forest-level planners. Forest inventories have traditionally concentrated on timber. Although these inventories are often well designed, the questions we are now asking about forest resources have outgrown these methods. Forest management is impeded by general confusion over definitions of resources and the interactions among them. We outline a simple classification scheme that centers on identification of basic ecosystem elements that can be readily measured. Furthermore, spatial and temporal scales must be considered in the design of inventory-monitoring programs. The concept of ecological indicators is reviewed, and caution is advised in their use. Inventory-monitoring programs should be goal-directed and based on as rigorous a statistical design as possible. We also review fundamental issues of variable selection, validation, and sampling bias. We conclude by developing a flexible inventory-monitoring program that is designed to provide information on individual characteristics of the environment, rather than being based on fixed definitions of resources.     

Decision making for multiple utilization of water resources in New Zealand

The Clutha is the largest river in New Zealand. The last two decades have witnessed major conflicts centered on the utilization of the water resources of the upper Clutha river. These conflicts have by no means been finally resolved. The focus of this article is on institutional arrangements for water resource management on the Clutha, with particular reference to the decision-making processes that have culminated in the building of the high dam. It critically evaluates recent experiences and comments on future prospects for resolving resource use conflicts rationally through planning for multiple utilization in a climate of market led policies of the present government.The study demonstrates the inevitable conflicts that can arise within a public bureaucracy that combines dual responsibilities for policy making and operational functions. Hitherto, central government has been able to manipulate the water resource allocation process to its advantage because of a lack of clear separation between its two roles as a policy maker and developer. The conflicts that have manifested themselves during the last two decades over the Clutha should be seen as part of a wider public debate during the last two decades concerning resource utilization in New Zealand. The Clutha controversy was preceded by comparable concerns over the rising of the level of Lake Manapouri during the 1960s and has been followed by the debate over the think big resource development projects during the 1980s.The election of the fourth Labour government in 1983 has heralded a political and economic policy shift in New Zealand towards minimizing the role of public intervention in resource allocation and major structural reforms in the relative roles of central and regional government in resource management. The significance of these changes pose important implications for the future management of the Clutha.