公众参与环评听证法律问题研究

对于比较敏感或涉及面较广建设项目的环境影响评价公众参与的表达途径,一般采用听证会。在中国,公众参与环评听证会,在听证公告、代表遴选、政府回应方面都面临困境,需要分别找寻出路:对于听证公告,要明确适用范围、确立合理期限、完善内容规定、采用合理方式来应对;对于代表遴选,建立一整套行之有效的制度势在必行;对于政府回应,建立一个合理的评估系统、启动司法审查不失为良策。     

Environmental Constituent Interest, Green Electricity Policies, and Legislative Voting

Research in political economy has traditionally sought to disentangle the effects of legislative ideology and constituent interest in explaining policy decisions. Frequently, proxy variables are used to measure constituent interest. However, these measures do not adequately reflect true constituent interest, which is based upon the costs and benefits of the policies under consideration, incorporating the scope of the policies. Using Haiku, a detailed model of the US electricity sector, and TAF, an integrated assessment model of pollution pathways and valuation, I construct economic measures of constituent interest at the state level as well as for federal policy. I then use these measures to analyze state adoption of more stringent green electricity policies and congressional roll-call voting on federal environmental policy. Previous studies that use proxy measures of constituent interest typically find that the legislator ideology matters more, while my study shows that both ideology and constituent interest are significant factors.     

MONTANA'S EXPERIENCE IN RESERVING YELLOWSTONE RIVER WATER FOR INSTREAM BENEFICIAL USES - THE RESERVATION DECISION1

ABSTRACT: The Yellowstone River in Montana produces an abundant supply of high quality water, but in the early 1970's, the specter of mushrooming energy development in the drainage with its attendant demands for large volumes of water prompted this state to initiate steps to protect existing users and to control future water uses. A Water Use Act was passed in 1973, and a moratorium was subsequently placed on the granting of new permits for major diversion. During this moratorium, various governmental entities were given the opportunity to request the reservation of water for future beneficial uses, including instream purposes. An earlier paper described the reservation applications that were received by the state, and it also summarized the legal framework of the reservation process in Montana. Since that time, the responsible state agency has had the opportunity to review the reservation requests, and its final decision in this regard was announced in December of 1978. This paper describes the details of this decision. Basically, an attempt was made to preserve the integrity of the stream while also strengthening its agricultural uses. In addition, a portion of the flow was not earmarked which will provide some flexibility in reacting to future demands.     

Weather,salience of climate change and congressional voting

Climate change is a complex long-run phenomenon. The speed and severity with which it is occurring is difficult to observe, complicating the formation of beliefs for individuals. We use Google search intensity data as a proxy for the salience of climate change and examine how search patterns vary with unusual local weather. We find that searches for “climate change” and “global warming” increase with extreme temperatures and unusual lack of snow. Furthermore, we demonstrate that effects of abnormal weather extend beyond search behavior to observable action on environmental issues. We examine the voting records of members of the U.S. Congress from 2004 to 2011 and find that members are more likely to take a pro-environment stance on votes when their home state experiences unusual weather.     

Greening the Congressional record: environmental social movements and expertise-based access to the policy process

ABSTRACT

A new dataset of organizational testimony at U.S. Congressional hearings on environmental protection is used to examine how social movement organizations use issue expertise to gain access to the policy process. Environmental movement organizations (EMOs) are shown to testify in greater numbers at hearings that consider proposed legislation, compared to hearings that are exploratory or investigatory in nature. The increased representation at legislative hearings is unique to EMOs; other kinds of organizations do not obtain similar increases in legislative access. These findings suggest that, due to their scientific expertise and perceived legitimacy, EMOs receive privileged access to the policy process relative to other organizations affected by environmental policy and at a later stage than has been proposed by prior work examining social movement access to the policy process.