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.     

Considering the needs of indigenous and local populations in conservation programs

Local rural and indigenous communities have assumed increasing responsibility for conservation within and between areas buffering the impacts of agricultural or resource‐extraction zones and protected areas. Empowering local communities as central partners in conservation and climate‐change mitigation has allowed many people to gain access to land and citizenship rights but has provided limited improvements in access to social services and economic opportunities even as expectation about their role as environmental stewards grows. These expectations, however, are inconsistent with reality. We conducted multiple field studies in Brazil since the mid‐1980s to illustrate the discrepancies between conservation programs and local conditions and expectations. We suggest that public policies and conservation programs should not delegate responsibility for managing protected areas to local and indigenous communities without considering local needs and expectations and locals’ attitudes toward conservation. In other words, behavior that maintains or improves the environment should not be treated as traditional based on the expectations of outsiders. Framing local populations as traditional environmentalists creates contradictions and frustrations for local populations and for conservation professionals and policy makers.     

Village-scale reserves in the forest frontier regions of Chenes and Calakmul,Mexico

ABSTRACT

Sketch-map-facilitated interviews were conducted in 23 villages in two adjacent regions in the southern Yucatan Peninsula of Mexico – the Maya (and increasingly Mennonite) forest-agriculture mosaic of the Chenes, and the late-20^th-century-settlement forest frontier of Calakmul – to determine the frequency and typology of local-scale reserves, including the external (e.g. Payments for Environmental Services programs) and internal sources of their generation. 9% of the study communities are found to satisfy the author’s criteria for deliberate, autochthonous reserves. The static polygon reserve and static map are found to have limited value for understanding the evolving cultural ecologies of these regions. Alternative approaches are discussed, particularly those employed by geographers.     

Environmental justice in Nigeria: A narration of residents’ experience in Ile-Ife

The sharing of environmental cost by residents in various residential areas in the developing world is perceived to be unfair. This study therefore assessed residents’ experiences of environmental justice in Ile-Ife, Nigeria. Three residential areas were identified in the study area and samples were selected using systematic sampling. Using availability and condition of urban infrastructure, severity of environmental problems and residents’ involvement in environmental issues, the study examined environmental justice in the study area. The study established a variation in environmental issues across identified residential areas. The severity of environmental problem measured through an index tagged Severity of Environmental Problem (SEPI) revealed that environmental problems was most severe in the core (SEPI = 4.00), followed by the peripheral area (SEPI = 3.71) and least in the transition area (SEPI = 3.56). On the condition of available environmental infrastructure, the study revealed that the conditions of infrastructure were most improved in the peripheral area (ICI = 3.07), followed by the core (ICI = 2.67) and the least in the transition area (ICI = 2.42). The study concluded that residents’ experiences of environmental justice differ significantly across the different residential zones as reflected by residents’ socio-economic characteristics. Furthermore, it established that age, gender, educational status, and number of years spent in the area can be used to explain the differences in residents’ experience of environmental justice in the study area. To enhance the liveability, the study recommends adequate provision of environmental amenities needed by each category of people in the city.     

海岛居民环境友好行为及其影响因素研究--以长岛县为例

海岛是海洋生态系统的重要组成部分,保护海岛生态环境是推进海洋生态文明建设、保护海洋生态环境的重要方面。海岛居民是保护海岛生态环境的主体之一,研究海岛居民环境友好行为的影响因素,引导和鼓励海岛居民主动采取环境友好行为是改善海岛生态环境的有效途径。本研究在梳理国内外相关文献的基础上,对海岛居民环境友好行为的概念、类型及影响因素进行理论分析,建立包含生态管理行为、消费行为、说服行为、公民行为四个环境友好行为变量,环境态度、环境保护知识、环境经历、社会政策、行为约束五个影响因素变量在内的理论模型。结合海岛生态环境和海岛居民的特点,设计海岛居民版环境友好行为测量量表,并在长岛县进行问卷调查,运用描述性统计分析、结构方程模型分析探究海岛居民环境友好行为的影响因素及影响因素间的内在关系。研究发现:①海岛居民环境友好行为总体水平差异较大,难度较低的环境友好行为实施较好,而难度较高的实施较差;影响因素变量中,环境态度积极,环境经历丰富,环境保护知识掌握较好,相关社会政策较为不利,行为约束偏中性。②环境态度、环境经历、社会政策对海岛居民环境友好行为具有显著正向影响。③环境保护知识对环境态度具有显著正向影响,但对海岛居民环境友好行为无显著影响,存在“知易行难”现象。行为约束对海岛居民环境友好行为无显著影响。④环境经历不仅直接影响海岛居民环境友好行为,而且通过环境态度对海岛居民环境友好行为施加间接影响。基于研究结论,提出了改善海岛居民环境友好行为的对策建议。     

Credibility and advocacy in conservation science

Conservation policy sits at the nexus of natural science and politics. On the one hand, conservation scientists strive to maintain scientific credibility by emphasizing that their research findings are the result of disinterested observations of reality. On the other hand, conservation scientists are committed to conservation even if they do not advocate a particular policy. The professional conservation literature offers guidance on negotiating the relationship between scientific objectivity and political advocacy without damaging conservation science's credibility. The value of this guidance, however, may be restricted by limited recognition of credibility's multidimensionality and emergent nature: it emerges through perceptions of expertise, goodwill, and trustworthiness. We used content analysis of the literature to determine how credibility is framed in conservation science as it relates to apparent contradictions between science and advocacy. Credibility typically was framed as a static entity lacking dimensionality. Authors identified expertise or trustworthiness as important, but rarely mentioned goodwill. They usually did not identify expertise, goodwill, or trustworthiness as dimensions of credibility or recognize interactions among these 3 dimensions of credibility. This oversimplification may limit the ability of conservation scientists to contribute to biodiversity conservation. Accounting for the emergent quality and multidimensionality of credibility should enable conservation scientists to advance biodiversity conservation more effectively.     

Solar energy for electricity and fuels

Solar energy conversion into electricity by photovoltaic modules is now a mature technology. We discuss the need for materials and device developments using conventional silicon and other materials, pointing to the need to use scalable materials and to reduce the energy payback time. Storage of solar energy can be achieved using the energy of light to produce a fuel. We discuss how this can be achieved in a direct process mimicking the photosynthetic processes, using synthetic organic, inorganic, or hybrid materials for light collection and catalysis. We also briefly discuss challenges and needs for large-scale implementation of direct solar fuel technologies.     

Understanding and encouraging greater nature engagement in Australia: results from a national survey

Interaction with nature has a range of significant health, ecological and economic benefits and a number of governments are implementing policies to increase humans’ engagement with nature. Using a large nationally representative survey sample in Australia, this study provides a detailed comment on the feasibility of such a policy, as well as contributing to an understanding of the characteristics of individuals who engaged in one or more of five dimensions of nature interaction, namely: nature engagement; conservation participation; nature advocacy; environmentally friendly purchasing and future engagement with nature conservation. The results indicate that age, income, education, marital status and household structure are all important influences on various types of nature engagement. It is suggested that increasing opportunities for young people to interact with nature is important, as well as supporting older people's involvement in conservation, plus focusing on the need to target and direct various policies.     

Negotiating environmental agreements under ratification constraints

We analyze the impact of ratification constraints on the optimal terms of international environmental agreements (IEAs). For this, we combine the literature on IEAs with the public choice literature on two-level games. By also incorporating uncertain preferences of the pivotal voter in the ratification stage, we make several important contributions: (i) we contribute to a more realistic modeling of the temporal structure of international agreements, (ii) we show a surprising, yet intuitive non-monotonic relationship between the optimal commitment level and the variance of ratification decisions, (iii) we identify reasons to expect a larger number of countries to join international negotiations than predicted by most of the coalition formation literature based on a representative agent model. Ratification constraints thereby can improve the welfare gains from stable international agreements.