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.     

考虑松动圈影响的钻孔瓦斯抽放合理封孔长度确定研究

以王行庄矿11071工作面为工程试验地点,通过超声波和钻孔窥视现场测试,结合理论计算,开展了瓦斯抽采煤巷松动圈范围和瓦斯抽放钻孔合理封孔长度确定的研究。确定了王行庄11071工作面二1煤层围岩卸压区宽度为8.87 m,极限平衡区宽度为9.87 m,合理封孔深度为10 m;通过极限平衡法理论计算得到的结果与超声波法、钻孔窥视法的测试结果基本相符。     

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.     

Landscape consequences of aggregation rules for functional equivalence in compensatory mitigation programs

Mitigation and offset programs designed to compensate for ecosystem function losses due to development must balance losses from affected ecosystems with gains in restored ecosystems. Aggregation rules applied to ecosystem functions to assess site equivalence are based on implicit assumptions about the substitutability of functions among sites and can profoundly influence the distribution of restored ecosystem functions on the landscape. We investigated the consequences of rules applied to the aggregation of ecosystem functions for wetland offsets in the Beaverhill watershed in Alberta, Canada. We considered the fate of 3 ecosystem functions: hydrology, water purification, and biodiversity. We set up an affect‐and‐offset algorithm to simulate the effect of aggregation rules on ecosystem function for wetland offsets. Cobenefits and trade‐offs among functions and the constraints posed by the quantity and quality of restorable sites resulted in a redistribution of functions between affected and offset wetlands. Hydrology and water purification functions were positively correlated with one another and negatively correlated with biodiversity function. Weighted‐average rules did not replace functions in proportion to their weights. Rules prioritizing biodiversity function led to more monofunctional wetlands and landscapes. The minimum rule, for which the wetland score was equal to the worst performing function, promoted multifunctional wetlands and landscapes. The maximum rule, for which the wetland score was equal to the best performing function, promoted monofunctional wetlands and multifunctional landscapes. Because of implicit trade‐offs among ecosystem functions, no‐net‐loss objectives for multiple functions should be constructed within a landscape context. Based on our results, we suggest criteria for the design of aggregation rules for no net loss of ecosystem functions within a landscape context include the concepts of substitutability, cobenefits and trade‐offs, landscape constraints, heterogeneity, and the precautionary principle.     

道家的“自然无为”思想与我国非煤矿山安全制度管理

针对目前我国非煤矿山在安全制度管理过程中常常出现刚性有余而柔性不足的缺陷,总结出非煤矿山在制订、执行和完善安全制度中存在的问题主要表现在安全制度的制订与实际符合度不高、安全制度的执行过程重形式轻实践、对安全制度的完善重视度不够3个方面。引入道家"自然无为"思想,分析了"自然无为"思想对安全制度的制订、执行和完善3个阶段的影响。提出在安全制度的制订时注重"道法自然";在安全制度的执行时强调"三和"观;在安全制度的完善时注重"顺道而为"。将道家"自然无为"思想与安全制度管理相融合,能有效增强安全制度管理的"人情味",使其更好地发挥基础保障作用。     

A product analysis-based study on the mechanism of inflammable gas explosion suppression

To study the mechanism of the suppressing effect of Expanded Aluminium (EA) on the premixed gas explosion, premixed methane-air and propane-air gases were undergone explosion reaction in the presence of EA in a self-designed closed pipeline with the overpressures and the compositions, rates and sensitivities of products analyzed. The results showed that the 9.5% methane-air and 5% propane-air explosions produced peak pressures decreased by 79.3% and 65.6%, and residual methane and propane contents increased by 270% and 560% respectively than without EA. In addition, the results revealed that the explosions of propane in the presence of EA produced less methane and carbon oxides contents, but more ethylene and propylene contents. The simulation showed that H, O, and OH are the key factors affecting the rate of products. The product compositions, together with other parameters, suggested that EA decreased temperature, inhibited chain initiation and propagation reaction, but facilitated chain termination reaction by advancing and accelerating the gas phase and wall destruction reaction of radicals, especially collisions and concentration of key free radicals. This new research method based on the analysis of explosion products can be used for in-depth research into gas explosion features and shed light on the suppressing mechanism of EA in flammable gas explosion.     

How farmers develop local ecological knowledge for on-farm tree management: The perspectives of some farming communities of Ghana

Scientific insights into what it means to manage on-farm trees by local farmers, is an essential step towards documenting local ecological knowledge for sustainable landscape management. A study was therefore conducted in the Kumawu Forest District in the Ashanti Region of Ghana to assess how farmers conceptualise on-farm tree management and develop local knowledge for it. Using a case study approach, data were collected through informal interviews and focus group discussions with 120 farmers drawn from 15 communities who were involved in the management of three cropping systems; cocoa, maize and cassava-cocoyam-plantain mix. It was observed that the farmers regard on-farm tree management as a continuous process which occurs in three phases of the farming cycle; land preparation, crop cultivation and fallow management. For each of the three phases, farmers are guided by specific principles that ensure enough light penetration in-between tree crowns in the land preparation phase, suitable spacing between trees and crops in the crop cultivation phase and adequate tree regeneration in the fallow phase. The decisions made during the selection of tree species, spacing of trees adjudged suitable for any particular cropping system and recruitment of saplings prior to the fallow phase of farming constitute tree management. Farmers develop tree management knowledge by studying the physical characteristics of species, matching them to ecological functions they could perform and how they are likely to respond to treatments meant to control or enhance their development. Species are then subjected to trial and recommended or otherwise.     

自然资源资产审计制度的供给侧改革

自然资源是可持续发展的基础。完善自然资源资产审计制度,是保护自然资源、践行生态文明的要求。自然资源资产审计的前提是自然资源的确权和量化,是自然资源与自然资源资产在审计上的“融合”。作为自然资源资产审计的依据,相关制度应该对自然资源的确权、计量和有效利用作出合理安排,才能有效抑制资源滥用冲动。但立足于自然资源资产审计实践,综合运用文献研究、个案调查、跨学科研究等方法,分析现行的自然资源制度,没有发现可操作性的自然资源产权制度、计量制度和评价制度,已有制度存在权责不匹配、责任界定不清晰、公众参与有困难、审计指标不健全;制度系统呈现存量不足、增量困难、实践不力,不能适应新时代要求和自然资源合理利用需要。因此,可以从制度存量、增量和协同三条路径实施制度供给侧改革;在完善制度存量方面,可以在经济责任审计规定中嵌入自然资源资产审计内容,完善自然资源资产评价标准、责任制度和审计结果运用办法等;在提高制度增量方面,完善自然资源资产的权利制度、计量制度、信息公开制度和公众参与制度等;同时,通过适时修订审计法、制定自然资源资产法,强化制度协调,以突破自然资源资产的制度瓶颈,方便审计算好“生态账”、把好“生态关”。在自然资源资产制度改革过程中,需要借助决策层和专家力量,摆脱部门立法局限,强化制度协调;同时,制度改革也是一个不断优化的过程,要兼顾公众、个人、政府及其职能部门等多方利益,才能有效满足资源节约型和环境友好型社会的需要。     

A hybrid decision-making approach based on FCM and MOORA for occupational health and safety risk analysis

IntroductionWith the development of industries and increased diversity of their associated hazards, the importance of identifying these hazards and controlling the Occupational Health and Safety (OHS) risks has also dramatically augmented. Currently, there is a serious need for a risk management system to identify and prioritize risks with the aim of providing corrective/preventive measures to minimize the negative consequences of OHS risks. In fact, this system can help the protection of employees’ health and reduction of organizational costs. Method: The present study proposes a hybrid decision-making approach based on the Failure Mode and Effect Analysis (FMEA), Fuzzy Cognitive Map (FCM), and Multi-Objective Optimization on the basis of Ratio Analysis (MOORA) for assessing and prioritizing OHS risks. After identifying the risks and determining the values of the risk assessment criteria via the FMEA technique, the attempt is made to determine the weights of criteria based on their causal relationships through FCM and the hybrid learning algorithm. Then, the risk prioritization is carried out using the MOORA method based on the decision matrix (the output of the FMEA) and the weights of the criteria (the output of the FCM). Results: The results from the implementation of the proposed approach in a manufacturing company reveal that the score at issue can overcome some of the drawbacks of the traditional Risk Priority Number (RPN) in the conventional FMEA, including lack of assignment the different relative importance to the assessment criteria, inability to take into account other important management criteria, lack of consideration of causal relationships among criteria, and high dependence of the prioritization on the experts’ opinions, which finally provides a full and distinct risk prioritization.     

How certain are we about the certainty-equivalent long term social discount rate?

Theoretical arguments for using a term structure of social discount rates (SDR) that declines with the time horizon have influenced government guidelines in the US and Europe. The certainty equivalent discount rate that often underpins this guidance embodies uncertainty in the primitives of the SDR, such as growth. For distant time horizons the probability distributions of these primitives are ambiguous and the certainty equivalent itself is uncertain. Yet, if a limited set of characteristics of the unknown probability distributions can be agreed upon, ‘sharp’ upper and lower bounds can be defined for the certainty-equivalent SDR. Unfortunately, even with considerable agreement on these features, these bounds are widely spread for horizons beyond 75 years. So while estimates of the present value of intergenerational impacts, including the social cost of carbon, can be bounded in the presence of this ambiguity, they typically remain so imprecise as to provide little practical guidance.