Title 16 united states code §55 and its implications for management of concession facilities in Yosemite National Park

Yosemite National Park is one of the nation's most scenic and ecologically/geologically important parks. Unfortunately, the park is subject to extensive development of concession facilities and associated high levels of visitor use. Those concerned with preservation of the park's resources have attempted to limit the types and extent of such facilities to reduce adverse impacts. Strictly speaking, resolution of the preservation versus use controversy must be based on whether the National Park Service is adhering to its legislative mandate to regulate development and use in the parks. The common interpretation of legislative mandates for national parks, including Yosemite, is that they call for a difficult balancing between the conflicting goals of preservation and use. Accordingly, although concession developments cause significant impacts, they usually have been interpreted to be within the legal discretion allowed the secretary of the interior. However, the usual interpretations of the meanings of legislative mandates for Yosemite National Park have not considered Title 16 United States Code §55, which is a very restrictive statute limiting concession facilities. Many of the limitations imposed on concession facilities by the plain language of the statute have been exceeded. If it can be shown that 16 United States Code §55 is a valid statute, the policy implications for park management in Yosemite National Park would be considerable — namely, that significant reductions in concession facilities could be required. This article examines whether the statute can reasonably be thought to be valid and encourages others to conduct further examination of this question.     

Europe’s energy deficit: a population dilemma

Europe’s growing energy deficit and destabilising climate may lead the EU and its constituent member states to change its attitude to population size and growth.     

基于系统安全观的道路交通安全立法体系重构研究

介绍和分析现代道路交通安全治理的3种思想。应用其中非常值得我国借鉴的系统治理思想对现行道路交通安全立法进行分析。现行道路交通安全立法仅围绕驾驶人的行为控制而设计,围绕道路交通安全管理部门的职能而展开,在很大程度上局限于道路交通秩序管理,在体系上存在缺失,影响道路交通安全治理的工作及其成效。基于当前形势分析,我国有必要也有条件借鉴道路交通安全系统治理的先进思想,重新构建道路交通安全立法的体系。该体系的重构需从道路安全保障、车辆安全保障、交通秩序管理、运输安全运营、交通事故处理等5个方面展开。     

Analysis of underlying causes of investigated loss of containment incidents in Dutch Seveso plants using the Storybuilder method

In the Netherlands there are around 400 “Seveso” sites that fall under the Dutch Major Hazards Decree (BRZO) 1999. Between 2006 and 2010 the Dutch Labour Inspectorate's Directorate for Major Hazard Control completed investigations of 118 loss of containment incidents involving hazardous substances from this group. On the basis of investigation reports the incidents were entered in a tailor-made tool called Storybuilder developed for the Dutch Ministry of Social Affairs and Employment for identifying the dominant patterns of technical safety barrier failures, barrier task failures and underlying management causes associated with the resulting loss of control events. The model is a bow-tie structure with six lines of defence, three on either side of the central loss of containment event. In the first line of defence, failures in the safety barriers leading to loss of control events were primarily equipment condition failures, pre start-up and safeguarding failures and process deviations such as pressure and flow failures. These deviations, which should have been recovered while still within the safe envelope of operation, were missed primarily because of inadequate indication signals that the deviations have occurred. Through failures of subsequent lines of defence they are developing into serious incidents. Overall, task failures are principally failures to provide adequate technical safety barriers and failures to operate provided barriers appropriately. Underlying management delivery failures were mainly found in equipment specifications and provisions, procedures and competence. The competence delivery system is especially important for identifying equipment condition, equipment isolation for maintenance, pre-start-up status and process deviations. Human errors associated with operating barriers were identified in fifty per cent of cases, were mostly mistakes and feature primarily in failure to prevent deviations and subsequently recover them. Loss of control associated with loss of containment was primarily due to the containment being bypassed (72% of incidents) and less to material strength failures (28%). Transfer pipework, connections in process plant and relief valves are the most frequent release points and the dominant release material is extremely flammable. It is concluded that the analysis of a large number of incidents in Storybuilder can support the quantification of underlying causes and provide evidence of where the weak points exist in major hazard control in the prevention of major accidents.     

Past and future sustainability of water policies in Europe

The article contributes to a discussion on two global issues on water: water resources management, and water supply and sanitation. Focusing on Europe, it traces the legal roots of current systems in history: as a resource, water is considered as a common property, rather than a market good; while as a public service it is usually a commodity. Public water supply and sanitation technologies and engineering have developed under three main paradigms: quantitative and civil engineering; qualitative and chemical/sanitary engineering (both on the supply side); and the most recent one, environmental engineering and integrated management (on the demand side). The cost of public drinking water is due to rise sharply in view of the two‐fold financial challenge of replacing an ageing infrastructure and keeping up with ever‐rising environmental and sanitary quality standards. Who will pay? Government subsidies, or water users? The author suggests that apparent successes with privatisation may have relied heavily on hidden government subsidies and/or the healthy state of previously installed water infrastructure: past government subsidies are still felt for as long as the lifetime of the infrastructure. The article stresses the importance of public participation and decentralized local management of water and sanitation services. Informing and involving users in water management decisions is seen as an integral part of the ‘ethics’ side of the crucial three E's (economics, environment, ethics). The article strongly argues for municipal provision of water services, and hopes that lessons learnt and solutions found in the European experience may serve water services management efforts in other regions of the world.     

Implementing the European flood risk management plan

In response to the extreme flood events of recent decades, the European Union has released the Floods Directive (2007/60/EC), which requires the creation of flood risk management plans. These plans do not yet exist in practice, as water management agencies have until 2015 to put them into action. This contribution will discuss two questions regarding the European flood risk management plan: First, how is the new instrument integrated into the various member states, particularly with respect to the scenario approach? Second, how prepared are the institutions for the collaborative planning paradigm of the flood risk management plan, particularly with respect to the river basin districts approach? Citing examples from France, Germany, the Netherlands, and Great Britain, this paper offers both a pessimistic and an optimistic perspective on the implementation of the new flood risk management instrument.     

Constructing the sustainable city: examining the role of sustainability in the ‘smart city’ discourse

The idea of the ‘smart city’ is increasingly central to debates on urban development and sustainability, and a host of cities are now pursuing ‘smartness’ as a way to improve energy efficiency, transport, and public services. However, existing research does not provide a clear picture of how this smart city agenda actually contributes to sustainability. The social science literature has been critical toward urban smartness, with most of the empirical research focusing on the politics of data-driven and entrepreneurial urbanism. This article seeks to contribute to this debate by empirically examining the role that sustainability plays in the smart city discourse. Its distinctive approach is to investigate how urban smartness and sustainability are framed by an authoritative institution (the European Union) and then to trace these framings down to a particular city (Stavanger, Norway). The data show that the smartness approach is strongly tied to innovation, technology, and economic entrepreneurialism, and sustainability does not appear to be a very important motivating driver. Nevertheless, the ‘sustainability component’ of the smart city agenda becomes clearer the closer we come to the city level.     

Assessment of Eutrophication in Estuaries: Pressure–State–Response and Nitrogen Source Apportionment

A eutrophication assessment method was developed as part of the National Estuarine Eutrophication Assessment (NEEA) Program. The program is designed to improve monitoring and assessment of eutrophication in the estuaries and coastal bays of the United States with the intent to guide management plans and develop analytical and research models and tools for managers. These tools will help guide and improve management success for estuaries and coastal resources. The assessment method, a Pressure-State-Response approach, uses a simple model to determine Pressure and statistical criteria for indicator variables (where applicable) to determine State. The Response determination is mostly heuristic, although research models are being developed to improve that component. The three components are determined individually and then combined into a single rating. Application to several systems in the European Union (E.U.), specifically in Portugal, shows that the method is transferable, and thus is useful for development of management measures in both the Unites States and E.U. This approach identifies and quantifies the key anthropogenic nutrient input sources to estuaries so that management measures can target inputs for maximum effect. Because nitrogen is often the limiting nutrient in estuarine systems, examples of source identification and quantification for nitrogen have been developed for 11 coastal watersheds on the U.S. east coast using the WATERSN model. In general, estuaries in the Northeastern United States receive most of their nitrogen from human sewage, followed by atmospheric deposition. This is in contrast to some watersheds in the Mid-Atlantic (Chesapeake Bay) and South Atlantic (Pamlico Sound), which receive most of their nitrogen from agricultural runoff. Source identification is important for implementing effective management measures that should be monitored for success using assessment methods, as described herein. For instance, these results suggest that Northeastern estuaries would likely benefit most from improved sewage treatment, where as the Mid and South Atlantic systems would benefit most from agricultural runoff reductions.     

A critical review of the water quality classification system in Turkey: A case study on Meric Basin

An 11-year period of water quality data, collected by the Directorate of Sate Water Works of Turkey are thoroughly analyzed for the purpose of implementing water quality classes to water resources in the Meric Basin, located on the European land mass of Turkey. Water quality parameters are divided into four groups as physical, organic, inorganic, and bacteriological. The quality class of each group is evaluated by taking into account the poorest quality of any parameter in the group, after which a quality rank is assigned to the sampling station and the waterbody in question. This method of water quality classification imposed by the Turkish Water Quality Act, is then criticized with respect to a statistical approach.