法国环境侵权救济法研究

从和实务两方面对法国环境侵权的有关问题作出探讨，包括环境民事侵权的损害赔偿，环境民事侵权的侵害排除，环境行政侵权的救济等。     

Spontaneous resettlement after drought: An Ethiopian example*

Based upon two recent periods of fieldwork among a spontaneously resettled population of cattle herders in southwestern Ethiopia, this paper is an attempt to illustrate, by a particular case, the general proposition that external aid, if it is not to be counter-productive, must meet people's needs as they themselves define them. The people in question, the Mursi, have experienced, since 1970, their worst period of drought and hunger in living memory. They have responded to this experience with resilience and inventiveness and largely without external assistance. The paper concentrates on a recent, drought induced, migration of Mursi to higher land, outside their traditional territory, and shows how the migrants are adapting to a new way of life which brings them into direct conflict with some of their most cherished cultural traditions.     

IMPLICATIONS OF C.A.R.E. VS. SOUTHVIEW FARM ON THE U.S. LIVESTOCK AND POULTRY INDUSTRY1

ABSTRACT: On May 19, 1993, a jury in the U.S. District Court for the Western District of New York found Southview Farm and Richard H. Popp guilty of violating the Clean Water Act on five occasions. The violations were the result of storm water runoff from a site used for disposal of dairy cattle manure from an unpermitted concentrated animal feeding operation. The presiding District Court judge later dismissed the jury verdict, and subsequently a U.S. Court of Appeals for the Second Circuit reversed the dismissal. The Court of Appeals concluded that the discharges were not exempt as agricultural storm water discharges, and that the manure spreaders involved were point sources. Because the use of animal manures in crop production activities will result, unavoidably, in the discharge of some pollutants to adjacent surface waters, a rational and universally applicable basis is needed to determine when such discharges are point versus nonpoint source. Current statutes and regulations do not delineate clearly such a boundary. To address this lack of specificity, I propose that application rates be based on recommended crop nutrient needs.     

Evaluation of the california environmental quality act

The California Environmental Quality Act (CEQA) has evolved from a mini-NEPA, first enacted in 1970, into a procedural act that affects the approval process of all large developments in California. In 1990, California local governments produced over 1600 environmental impact reports and 30,000 initial studies under CEQA. Because of its widespread use, CEQA has periodically drawn the attention of the state legislature, most recently in 1993, when over 60 CEQA reform bills were introduced. This paper describes the CEQA process and evaluates its success at meeting its explicit and implicit goals. The research includes a statewide survey of CEQA practice, sent to the planning departments of all 513 local governments in California in 1991. Survey respondents agreed that CEQA helps in evaluating environmental impacts, reducing impacts, informing the public, and coordinating public agency review. It is effective in reducing the environmental impacts of individual projects, but is not as effective in improving environmental quality on an areawide scale. This research concludes that CEQA has led to positive outcomes and is not as deeply flawed as many of its critics claim. Still, CEQA as currently designed may not be the optimal vehicle for ensuring environmental quality.     

Wetland loss and substitution by the Section 404 permit program in southern California,USA

To test the effectiveness of the 404 permit program in preventing a net loss of wetland resources, 75 Section 404 projects permitted in the years 1987–1989 and located in a portion of southern California were evaluated. From this group of projects, 80.47 ha of wetlands were affected by Section 404 permits and the Army Corps of Engineers required 111.62 ha of wetland mitigation. To verify the successful completion of each mitigation project, all 75 project sites were visited and evaluated based on the amount of dead vegetation, growth and coverage, and the number of invasive species. Based on the field verification results, the actual amount of completed mitigation area was 77.33 ha, resulting in a net loss of 3.14 ha of wetland resources in the years 1987–1989. By comparing the types of wetlands lost to the types of wetlands mitigated, it is apparent that, in particular, freshwater wetlands are experiencing a disproportionately greater loss of area and that riparian woodland wetlands are most often used in mitigation efforts. The net result of these accumulated actions is an overall substitution of wetland types throughout the region. Results also indicate that, typically, large-scale mitigation projects are more successful compared to smaller projects and that successful compliance efforts are not evenly distributed throughout the region. We recommend that better monitoring, mitigation in-kind, mitigation banking, and planning on a regional or watershed scale could greatly improve the effectiveness of the Section 404 permitting program.     

Biodiversity laws: State experiences

The Western Governors' Association (WGA) includes both the public lands states with their issues and the plains states, which are 98% privately owned. WGA deals with most legislation affecting biodiversity, whether the effect is direct or tangential. It will probably not be possible, or desirable, for one entity to be in charge of biodiversity conservation. The Endangered Species Act, public lands laws, agricultural laws, water law, environmental laws, and funding legislation all affect biodiversity conservation and the responsibility for it. None of them on their own are enough, and most can cause harmful unintended consequences for biodiversity. The experience of western states in developing consensus principles for reauthorization of the Endangered Species Act provides an example of common-sense ways to improve management of biodiversity, notwithstanding the complexity and large stakes involved. The WGA's proposed changes call for increasing the role of states, streamlining the act, and increasing certainty for landowners and water users. To achieve sustainable conservation for biodiversity, the better question is not “Who is/should be in charge?”, it is “How do we get this done?” To answer this, we need goals, guidance, and bottom lines from federal laws, and management and oversight at the state level, but they all need to support local on-the-ground partnerships. Sustainable conservation requires the active participation of those who live there. WGA's experience in coordinating the Great Plains Partnership as well as its work with watershed efforts shed light on what to expect. Multilevel partnerships are not easy and require a different way of doing business. The ad hoc, sitespecific processes that result do not lend themselves to being legislated, fit into organizational boxes, or scored on a budget sheet. They do require common sense and a longterm perspective.     

地貌对矿区环境,灾害的影响与对策

论述了地貌对矿区环境、灾害的产生及发展的影响，并以中国几个矿区的实例论述这一问题，同时，提出一些减缓影响的对策．     

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.     

Developing Metapopulation Connectivity Criteria from Genetic and Habitat Data to Recover the Endangered Mexican Wolf

Restoring connectivity between fragmented populations is an important tool for alleviating genetic threats to endangered species. Yet recovery plans typically lack quantitative criteria for ensuring such population connectivity. We demonstrate how models that integrate habitat, genetic, and demographic data can be used to develop connectivity criteria for the endangered Mexican wolf (Canis lupus baileyi), which is currently being restored to the wild from a captive population descended from 7 founders. We used population viability analysis that incorporated pedigree data to evaluate the relation between connectivity and persistence for a restored Mexican wolf metapopulation of 3 populations of equal size. Decreasing dispersal rates greatly increased extinction risk for small populations (<150–200), especially as dispersal rates dropped below 0.5 genetically effective migrants per generation. We compared observed migration rates in the Northern Rocky Mountains (NRM) wolf metapopulation to 2 habitat‐based effective distance metrics, least‐cost and resistance distance. We then used effective distance between potential primary core populations in a restored Mexican wolf metapopulation to evaluate potential dispersal rates. Although potential connectivity was lower in the Mexican wolf versus the NRM wolf metapopulation, a connectivity rate of >0.5 genetically effective migrants per generation may be achievable via natural dispersal under current landscape conditions. When sufficient data are available, these methods allow planners to move beyond general aspirational connectivity goals or rules of thumb to develop objective and measurable connectivity criteria that more effectively support species recovery. The shift from simple connectivity rules of thumb to species‐specific analyses parallels the previous shift from general minimum‐viable‐population thresholds to detailed viability modeling in endangered species recovery planning. Desarrollo de Criterios de Conectividad Metapoblacional a Partir de Datos Genéticos y de Hábitat para Recuperar al Lobo Mexicano en Peligro de Extinción     

美国明尼苏达州水环境监测及其对中国的借鉴意义

文章对美国明尼苏达州水环境质量监测策略进行了介绍,并归纳总结了其水环境管理的技术思路,在对其分析消化的基础上,结合中国的水环境质量监测中的问题,对水环境质量监测工作的立法、数据的管理和利用、指标的确定、监测队伍建设四个方面提出了一些建议。