Tuesday, January 20, 2009
E & E News reported:
The Senate unanimously confirmed seven of President Barack Obama's Cabinet picks today, including Agriculture Secretary Tom Vilsack, Energy Secretary Steven Chu and Interior Secretary Ken Salazar, but postponed debate on his nominees to lead the State Department, U.S. EPA and White House Council on Environmental Quality...In a post-inauguration session, the Senate quickly approved Chu, Salazar, Vilsack, Education Secretary Arne Duncan, Homeland Security Secretary Janet Napolitano, Veterans Affairs Secretary Eric Shinseki and Office of Management and Budget Director Peter Orszag.
Senate Majority Leader Harry Reid (D-Nev.) also scheduled a 3 p.m. roll call vote for tomorrow on Sen. Hillary Rodham Clinton (D-N.Y.), Obama's nominee to be secretary of the State Department.... The Senate did not take up two other Obama nominations: Lisa Jackson to be the next EPA administrator and Nancy Sutley to be the chairwoman of the White House CEQ. Both nominees did not face significant scrutiny during their confirmation hearings last week, leaving several Senate Republican and Democratic leadership aides today searching for answers about who was holding up the two Obama environmental picks....Andrew Wheeler, Republican staff director for the Senate Environment and Public Works Committee, said ranking member James Inhofe (R-Okla.) supports both nominees and isn't sure who raised the objection to Jackson and Sutley's confirmations, though he said the objection to Sutley being confirmed today was because her position is not Cabinet-level.
January 20, 2009 in Africa, Agriculture, Air Quality, Asia, Australia, Biodiversity, Cases, Climate Change, Constitutional Law, Economics, Energy, Environmental Assessment, EU, Forests/Timber, Governance/Management, International, Land Use, Law, Legislation, Mining, North America, South America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | TrackBack (0)
Today I had the pleasure as Director of our law school's Certificate Program in Law and Government to host two visitors from Mozambique through the International Leadership Visitor Program funded by the State Department. This program focuses on bringing emerging leaders from developing countries concerned with good governance to the United States, to expose them first-hand to various aspects of American governance. Last year, we hosted 16 visitors from more than a dozen African countries. Today's session was more informal and a bit more manageable.
Our visitors were the Governor of a northern province and the second in command of a major department within the national government. They were interested in learning how the United States trains its graduate or advanced students in law and government. We were able to share some aspects of our program, including attending and speaking with my first year Lawmaking Process class. They were also fascinated by how the United States is evolving with its election of President Obama.
The treat, of course, for me was to learn first-hand something about Mozambique, its politics and policy, and role in Africa. Certainly, its thorough integration of woman into the power structure and into all aspects of administration is a lesson for Americans as well as other Africans. This is beginning to happen here, witness Hillary Clinton, Nancy Pelosi, Diane Feinstein, the corps of talented Governors through the US and the league of women joining the Obama administration. But, until a woman stands where President Obama stood today, we still lag behind virtually every developed country in the world -- and many, such as Mozambique, in the developed world. Women took their place in the struggle for independence in Mozambique -- even on the battlefield. They have continued to serve in Parliament and throughout government, with stature and an assured equality that American woman still lack.
Their challenge is to solidify their independence and their emerging democracy -- and to solve the problem of poverty. There, President Obama gave them reason to hope: "To the people of poor nations, we pledge to work alongside you to make your farms flourish and let clean waters flow; to nourish starved bodies and feed hungry minds. And to those nations like ours that enjoy relative plenty, we say we can no longer afford indifference to suffering outside our boders; nor can we consume the world's resources without regard to effect. For the world has changed, and we must change with it."
As you who read this blog regularly no doubt realize, these words, especially about providing clean water and reducing our consumption of resources, were music to my ears. And perhaps to yours.
We have a President who in the midst of the raging storms of the failure of our economy and two wars, understands that "each day brings further evidence that the ways we use energy strengthen our adversaries and threaten our planet." That the work to be done includes the promise that "[w]e will harness the sun and the winds and the soil to fuel our cars and run our factories." That "we will work tirelessly...to roll back the specter of a warming planet."
As my new friends from Mozambique realize, President Obama has not become just an American president, but he is today the most important leader of the whole world. Not just by virtue of our relative prosperity and military power, but by virtue of our willingness to turn the page of history and to pledge to live up to our responsibilities to people seeking peace and justice and equality and means to enjoy their full measure of happiness throughout the world.
Today, my friends, let us celebrate with all of our new friends...and pledge ourselves to making this vision become a reality, in law, in policy, and in how we conduct our obscure, everyday lives.
January 20, 2009 in Africa, Agriculture, Air Quality, Asia, Australia, Biodiversity, Cases, Climate Change, Constitutional Law, Economics, Energy, Environmental Assessment, EU, Forests/Timber, Governance/Management, International, Land Use, Law, Legislation, Mining, North America, Physical Science, Social Science, South America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | Comments (0) | TrackBack (0)
Monday, January 19, 2009
FOURTH ANNUAL ENDANGERED ENVIRONMENTAL LAWS
STUDENT WRITING COMPETITION (2008-09)
The Environmental Law Institute
The American Bar Association Section of Environment, Energy, and Resources
The National Association of Environmental Law Societies
The Constitution has long been interpreted by the courts and understood by most Americans to
support comprehensive environmental protections. However, arguments targeting the
constitutional legitimacy of environmental laws continue to gain traction in the federal courts. To
inform the debate, we invite law students to submit papers exploring current issues of
constitutional environmental law.
AWARD: $2000 cash prize and an offer of publication in the Environmental Law Reporter.
TOPIC: Any topic addressing recent developments or trends in U.S. environmental law that
have a significant constitutional or “federalism” component. (See sample topics below.)
ELIGIBILITY: Students currently enrolled in law school (in the U.S. or abroad) are eligible,
including students who will graduate in the spring or summer of 2009. Any relevant article, case
comment, note, or essay may be submitted, including writing submitted for academic credit.
Jointly authored pieces are eligible only if all authors are students and consent to submit.
Previously published pieces, or pieces that are already slated for publication, are ineligible.
DEADLINE: Entries must be received no later than 5:00 PM ET on April 6, 2009. Email essays
(and questions) to Lisa Goldman at email@example.com. You will receive a confirmation by email.
Cover page. This page must include the following information:
• Author’s name, year in law school, and expected graduation date (to facilitate impartial
judging, the author’s name and law school must NOT appear anywhere in the essay, other
than on the cover page);
• Law school name and address;
• Author’s permanent and school mailing address, email address, and phone number
(IMPORTANT: indicate effective dates for all addresses);
• Abstract (limited to 100 words) describing the piece;
• Certification that the article has not been published and is not slated for future publication
(while authors may submit their articles to other competitions, publication elsewhere will
disqualify an entry from further consideration); and
• Statement as to where the author(s) learned about this competition
Format. Submissions may be of any length up to a maximum of 50 pages (including footnotes),
in a double-spaced, 8.5 x 11-inch page format with 12-point font (10-point for footnotes).
Citation style must conform to the Bluebook. Submissions must be made by email attachment in
Microsoft Word format, with the cover page as a separate attachment.
CRITERIA AND PUBLICATION: The prize will be awarded to the student work that, in the
judgment of ELI, ABA-SEER, and NAELS, best informs the debate on a current topic of
constitutional environmental law and advances the state of scholarship. ELI reserves the right to
determine that no submission will receive the prize. While only one cash prize is available, ELI
may decide to extend multiple offers of publication in the Environmental Law Reporter.
For more about ELI and its Endangered Environmental Laws Program, including past writing
competitions, please visit www.eli.org and www.endangeredlaws.org. Information about
ABA/SEER may be found at www.abanet.org/environ/. Information about NAELS may be found
SAMPLE TOPICS FOR THE 2008-09 ELI-ABA-NAELSWRITING COMPETITION
Students may choose a topic from below or develop their own constitutional environmental law topic.
1) Challenges to environmental plaintiffs’ standing to be heard in federal courts–
a) Standing to sue to enforce environmental laws. E.g., Earth Island Institute v. Ruthenbeck, 490
F.3d 687 (9th Cir. 2007), cert. granted, Summers v. Earth Island Institute, 128 S. Ct. 1118 (Jan.
18, 2008); implications of Massachusetts v. EPA, 549 U.S. 497 (2007), and progeny; Coalition
for a Sustainable Delta v. Carlson, 2008 WL 2899725 (E.D. Cal. July 24, 2008).
b) Standing to sue for “increased risk of harm.” E.g., implications for environmental protection
of an ever-higher bar in the D.C. Circuit for establishing standing in risk-based injury cases. See
Public Citizen v. NHTSA, 513 F.3d 234 (D.C. Cir. 2008) (Sentelle, C.J., concurring) and 489 F.3d
1279 (D.C. Cir. 2007); NRDC v. EPA, 440 F.3d 476 (D.C. Cir.), vacated, 464 F.3d 1 (D.C. Cir.
2) Application to climate-change cases of other constitutional theories, such as statutory and foreign
affairs preemption, political question doctrine, dormant Commerce Clause, and Compact
Clause. E.g., possible challenges to regional cap-and-trade schemes, such as RGGI and the WCI; the
impact of a future federal cap-and-trade law on state and regional climate frameworks; challenges to
California’s tailpipe emissions regulations, as adopted by 16 other states; and efforts by states and
local entities to recover damages from industry for contributions to global climate change.
See Green Mountain Chrysler Plymouth Dodge Jeep v. Crombie, 508 F.Supp.2d 295 (D. Vt. 2007),
appeal filed, No. 07-4342, -4360 (2d Cir.); Central Valley Chrysler-Jeep, Inc. v. Goldstene, 529 F.
Supp. 2d 1151 (E.D. Cal. 2007), aff’d on reh’g, 563 F. Supp. 2d 1158 (E.D. Cal. 2008); Lincoln
Dodge, Inc. v. Sullivan, 2008 WL 5054863 (D.R.I. Nov. 21, 2008); California v. General Motors
Corp., 2007 WL 2726871 (N.D. Cal. Sept. 17, 2007), appeal filed, No. 07-16908 (9th Cir.); Comer v.
Murphy Oil, No. 05-436 (S.D. Miss. Aug. 30, 2007) (granting motion to dismiss), appeal argued, No.
07-60756 (5th Cir. Nov. 3, 2008); Connecticut v. American Electric Power Co., 406 F.Supp.2d 265
(S.D.N.Y. 2005), appeal filed, No. 05-5104 (2d Cir.); and Kivalina v. Exxonmobil Corp., No. 08-
01138 (N.D. Cal. filed Feb. 26, 2008).
3) Legislative developments and potential court challenges to Congress’s authority under the
Commerce Clause and other constitutional provisions (e.g., Spending Power, Property Clause, and
Treaty Power) to afford comprehensive protection to the “waters of the United States.” E.g., Clean
Water Restoration Act (H.R. 2421, S. 1870). In the wake of SWANCC v. U.S. Army Corps of
Engineers, 531 U.S. 159 (2001), and Rapanos v. United States, 547 U.S. 715 (2006), and the resulting
confusion for Clean Water Act administration and enforcement, much of the debate over the
constitutional reach of federal water protections has shifted from the federal courts to Congress.
4) Invocation of constitutional due process to cap punitive damages in environmental cases. See Exxon
Shipping Co. v. Baker, 128 S. Ct. 2605 (2008), establishing as an upper limit in maritime cases a 1:1
ratio between compensatory and punitive damages. Justice Ginsburg, writing separately, wondered if
the Court intended to signal that this ratio would eventually become a ceiling imposed by due process.
5) Impact of preemption jurisprudence (including in non-environmental cases) on environmental
protection. See Riegel v. Medtronic, Inc., 128 S. Ct. 999 (2008); Levine v. Wyeth, 944 A.2d 179 (Vt.
2006), cert. granted, Wyeth v. Levine, 128 S. Ct. 1118 (Jan. 18, 2008); Pacific Merchant Shipping
Association v. Goldstene, 517 F.3d 1108 (9th Cir. 2008).
January 19, 2009 in Governance/Management, International, Land Use, Law, Legislation, Mining, North America, Physical Science, Social Science, South America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | TrackBack (0)
Wednesday, January 14, 2009
The EU will list EU-approved "active substances," excluding 22 ingredients that are classified as carcinogenic, mutagenic or toxic to reproduction. The chemical "blacklist" includes eight substances used in the manufacture of herbicides, 11 used in fungicides and three in insecticides, many of them produced by German chemical giants Bayer and BASF -- including Ioxynil, Amitrol and Iprodion. That list will provide the basis for national EU governments to approve pesticides nationally or, via mutual recognition with 120 days, in the north, center, and south regions of the EU. Currently, approvals apply only for individual countries and there is no deadline set for mutual recognition approvals.
Already licensed pesticides remain available until their 10-year authorization expires, avoiding a sudden large-scale withdrawal of pesticides from the market.EU countries will be allowed to ban a product, because of specific environment or agricultural circumstances. Also, certain restrictions will be put on pesticide use, including banning most aerial crop-spraying, strict conditions on pesticides use near aquatic environments and drinking water supplies, and buffer zones requirements around water and protected areas along roads and railways.
January 14, 2009 in Agriculture, Air Quality, Biodiversity, Economics, EU, Governance/Management, Land Use, Legislation, Sustainability, Toxic and Hazardous Substances, Water Quality | Permalink | TrackBack (0)
Sunday, January 4, 2009
A large area of coastal waters in the northern Gulf of Mexico experiences seasonal conditions of low levels of dissolved oxygen, a condition known as hypoxia. Excess discharge of nutrients into the Gulf of Mexico from the Mississippi and Atchafalaya rivers causes nutrient overenrichment in the gulf's coastal waters and stimulates the growth of large algae blooms. When these algae die, the process of decomposition depletes dissolved oxygen from the water column and creates hypoxic conditions.
In considering how to implement provisions of the Clean Water Act to strengthen nutrient reduction objectives across the Mississippi River basin, the U.S. Environmental Protection Agency (EPA) requested advice from the National Research Council. This book represents the results of the committee's investigations and deliberations, and recommends that the EPA and U.S. Department of Agriculture should jointly establish a Nutrient Control Implementation Initiative to learn more about the effectiveness of actions meant to improve water quality throughout the Mississippi River basin and into the northern Gulf of Mexico. Other recommendations include how to move forward on the larger process of allocating nutrient loading caps -- which entails delegating responsibilities for reducing nutrient pollutants such as nitrogen and phosphorus -- across the basin.
You can read and download this report on line for free: NRC report:NAP link
Barbara Durkin provided the following correspondence concerning the issues surrounding the Cape Wind controversy. Those of you interested in following these issues may find this correspondence interesting.
Thursday, January 1, 2009
OCEAN SCIENCE: Winter Carbonate Collapse
H. Jesse Smith
Anthropogenic fossil-fuel burning is increasing the concentration of CO2 in the atmosphere, which in turn is causing more CO2 to dissolve in the ocean, thereby lowering the water's pH. Such ocean acidification in turn decreases the concentration of carbonate ion (CO3)2-, which makes it more difficult for calcifying organisms such as foraminifera, pteropods, and corals to build their skeletons. So far, most of the attention paid to this process has focused on the time-averaged chemistry of the ocean, but organisms actually experience seasonal carbonate and pH variations. McNeil and Matear examine these variations and show that anthropogenic CO2 uptake is likely to induce winter aragonite undersaturation in some regions of the ocean when atmospheric CO2 levels reach 450 parts per million. These findings underscore the importance of understanding the seasonal dynamics of marine carbonate chemistry, as natural variability could hasten the deleterious impacts of future ocean acidification. -- HJS Proc. Natl. Acad. Sci. U.S.A. 105, 18860 (2008).
January 1, 2009 in Air Quality, Asia, Australia, Biodiversity, Climate Change, Energy, Governance/Management, International, North America, Physical Science, South America, Sustainability, US, Water Quality, Water Resources | Permalink | TrackBack (0)
Science reports on a new study showing that both rising ocean water temperatures and ocean acidification are causing a reduced rate of calcification of coral reefs in the Great Barrier Reef. Coral reefs are threatened by from rising sea-surface temperatures, ocean acidification (the declining pH of surface seawater layers caused by the absorption of increasing amounts of atmospheric CO2), pollution, and overexploitation. Other studies have demonstrated declines in the coverage and numbers of live coral reefs, as well as reduced coral diversity, but few examined how rates of coral calcification have been affected. The study by De'ath et al. examined growth patterns of 328 massive Porites corals from the Great Barrier Reef of Australia and found that their rates of calcification have declined by nearly 15% since 1990, to values lower than any seen for the past 400 years. The main causes of this continuing decline appear to be increasing water temperatures and ocean acidification.Science today link
Tuesday, December 23, 2008
BOSTON, MASS. - DOJ filed a criminal information today in federal court charging a wholly owned subsidiary of ExxonMobil Corporation with violating the criminal provisions of the Clean Water
Act in connection with a spill of approximately 15,000 gallons of diesel oil and kerosene into the Mystic River from ExxonMobil's oil terminal in Everett, Mass. The information was filed in connection with a $6.1 million settlement.
According to the information, ExxonMobil Corporation and its corporate predecessors have owned a marine distribution terminal in Everett, Mass. (the "Everett Terminal") since 1929. Oil tankers deliver petroleum products that are distributed from the terminal throughout the region. ExxonMobil Pipeline Company, is a wholly owned subsidiary of, and operates the facility on behalf of, ExxonMobil Corporation. The Everett Terminal included an inland "tank farm," which was comprised of a tank loading rack and 29 large-scale oil storage tanks in which oil products were stored. Various above-ground pipes and valves connected those tanks to the Terminal's marine transfer area located at the confluence of the Mystic and Island End Rivers. ExxonMobil's failure to replace a leaking seal valve and a corroded coupling at the transfer station, known to be faulty, was the cause of the spill. ExxonMobil also negligently failed to conduct required inspections by which it would have detected the spill while it was still ongoing.
As part of its plea agreement, ExxonMobil has agreed to pay the maximum possible fine of $359,018 (twice the cost of the clean up), the clean up costs of $179,634, and a community service payment of $5,640,982 to the North American Wetlands Conservation Act fund to be
used to restore wetlands in Massachusetts. ExxonMobil further agreed that for the next three years, the Everett facility will be monitored by an court-appointed official and will be subject to a rigorous environmental compliance program.
Thursday, December 18, 2008
Dear Readers and Friends:
It is so difficult this time of year to decide how to spend one's limited resources in a way consistent with our duty to reduce human suffering and make the world a better place. It is especially difficult now, when all of us are a bit uncertain about our financial future and have lost a considerable amount of our paper wealth. But, I am concentrating for now on Haiti, the most impoverished nation in the Western hemisphere. Below I post a letter from a friend in Haiti, in the hope that some of you may help in the resurrection of Haiti after this fall's hurricane season. Obviously, my friend is a Christian (as I am), but human need knows no religion. Be assured that any money sent him through the church will be used to meet profound human need, not the promotion of a creed. And, if you are reluctant to send money to a faith-based organization, just let me know and I'll be happy to find a secular route for your gift.
[We] are writing you all with a great mix of emotions – sadness and frustration, great doubts, fear, but also some sense of hope. Many of you already know that in the past five weeks, Haiti was affected by four hurricanes – Fay, Gustav, Hanna and Ike, resulting in profound destruction throughout the entire country. Chavannes Jean Baptiste, the director of MPP (Mouvman Peyizan Papay–Farmer’s Movement of Papay) noted this past Monday that the situation is without precedent. MPP along with other national and international organizations are beginning to get a grasp of the level of havoc and devastation, but it seems impossible that anyone will ever be able to make a full accounting of the loss of life and property.
Many of the root causes of the poverty in Haiti–weak government, inadequate communication, lack of roads and other infrastructure, virtually non-existent social services–have always kept Haitind other countries with similar conditions, open to the full effects of disasters such as this. These same conditions now make it difficult and in some cases impossible for a quick response to those who need help the most. It is even nearly impossible to know who needs the help the most. In the last two days, I have received reports via e-mail of whole communities without food and water, with no help in sight. Lack of real roads have always been part of the isolation of many of these communities. Now, the serious damage to bridges and other weak points along the roads that do exist has increased the number of people who are isolated from any easy access, as well as deepening the level of isolation for those who have always lived at the limits.
Given all this, [our] sense of sadness is easy to understand. We live along side people who carry on their daily lives with grace, great generosity and wonderful senses of humor, despite the profound limitations. Now, these same people, some of whom are close personal friends, have lost homes and possessions and we know they have no real resources, or hope, for recuperating their losses. We have a great need to help, but we ourselves do not have the ability to provide any help that seems significant, even at the local level. Not even for just the families who are part of MPP – at least 52 families whose homes were flooded last week. Multiply the needs of the folks in Hinche by all of communities in nearly every part of Haiti, you can easily understand our frustration. What can we do? Within the sadness and frustration I also feel some guilt, because we ourselves are safe and suffered no damage at all to our home or even to the project where I work.
We also wonder whether the kind of help that is starting to come could possibly be adequate, given the enormous need. And will the assistance that comes be directed to address some of the root causes of poverty in Haiti? Will the funds help rebuild roads and bridges so that they are better than they were, or will the be used to make the highways and byways merely passable, subject as always to rapid degradation by even normal use? And will the international lending agencies, such as the International Monetary Fund, encourage the Haitian government to create “safety nets” that can help families and communities recuperate losses? Or will they follow their standard policy, insisting on budgetary stringency, regardless of the needs of the most vulnerable–the poor in general, and women, children and the aged in particular?
It is impossible to write about the current catastrophe without mentioning as well the ongoing global wide crises of food prices which are spiraling out of US control. In the project that I help coordinate – the crew prepares and shares two meals a day. We produce all of the vegetables for these meals ourselves, but for the items we can’t produce (corn, rice, coffee, oil etc), we paid a total of around $100 in May. In August, we spent around $135 for the same supplies and in September we spent $175. In a country where over half the population earns less than $US 1.00 a day, the situation was devastating, before the flooding will now die from hunger, giving in at last to ongoing deprivation?
And the fear we feel, where does that come from? Haitians have a marvelous way of dealing with difficult situations that I have come to respect a great deal. They sing, they laugh, they joke and suddenly, the load lightens and the way forward opens up again. There is also a great deal of tolerance, or patience, with unjust conditions. But there are limits. The suffering from the food crisis was becoming nearly insufferable before the hurricanes. If there is not a rapid, reliable and comprehensive response to the current situation, especially by the Haitian government, there will almost surely be massive unrest, probably focused, as always, in Port au Prince, the capital of Haiti.
At the end of such a letter, what could we say about hope that could balance the discouragement I’m sure you can sense in what I write? First and foremost is faith – [our] faith as well as the profound faith of Haitians in general. We do believe in a God who makes a way where there is no way – our God who sent our savior, Jesus Christ, to die on the cross, not only to demonstrate God’s profound solidarity with his chosen people, but also to completely and finally put an end to despair. Because we are Christ followers, we hope, and there is nothing that can separate us from that hope, from the constant renewal of that hope. As [we] and several crew members were heading south, into Port au Prince,... we passed through an area just north of the city of Mirebelais (Mee be lay) where the farmers have access to irrigation. In field after field as we traveled down the road, farmers were out in those fields transplanting rice, hoeing rice, irrigating rice. Just one day after Hurricane Ike had passed through, the fields were already moving from devastation into abundance, farmers moving from being victims to being the agents of their own resurrection. What a miracle. What a God.
Please be part of Haiti’s resurrection. Contributions for the crisis in Haiti may be sent to Presbyterian Disaster Assistance (PDA). Please write on the check “DR-000064 Haiti Emergency.” Mail it to:
Presbyterian Church (USA)
Individual Remittance Processing
P.O. Box 643700
Pittsburgh PA 15264-3700
December 18, 2008 in Africa, Agriculture, Air Quality, Asia, Australia, Biodiversity, Cases, Climate Change, Constitutional Law, Economics, Energy, Environmental Assessment, EU, Forests/Timber, Governance/Management, International, Land Use, Law, Legislation, Mining, North America, Physical Science, Social Science, South America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | TrackBack (0)
Wednesday, December 17, 2008
The Trouble with Rapanos: Bush Administration covered up the collapse of the CWA enforcement program wrought by Rapanos
A Congressional investigation by House Oversight and Government Reform Committee Chairman Henry Waxman and Transportation and Infrastructure Committee Chairman James Oberstar, detailed the collapse of the Clean Water Act enforcement program in the wake of Rapanos. NBC Link More than 500 clean water enforcement cases have been dropped or stalled. The chairmen forwarded to Obama the results of a review of more than 20,000 pages of documents produced by EPA and the Corps. Dozens of enforcement cases were downgraded, becoming informal responses, reduced civil penalties, or delayed. Additionally, many violations are not being detected due to the reduction in CWA investigations. Together, just two EPA Regions, Regions 6 and 8, dropped 244 enforcement cases.
DON’T FORGET TO MARK PIELC IN YOUR 2009 CALENDARS!
The 27th Annual Public Interest Environmental Law Conference
Solidarity! United Action for the Greener Good
February 26th – March 1st
University of Oregon School of Law
Read on for planning updates and reminders . . .
- Last day to submit panel
suggestions is January 15th, but the sooner the better, as our timeslots are
already starting to fill up. Go to http://www.pielc.org/pages/
- Submit artwork for PIELC 2009 posters and t-shirts now! Email submissions to firstname.lastname@example.org, or mail them to 1221 University of Oregon School of Law, Eugene, OR 97403, attn: LAW
- Coming in mid-January, our website will be updated with more travel, lodging, and childcare options than ever at www.pielc.org.
- Our confirmed keynote speakers are:
Katherine Redford – Co-Founder and US Office Director of Earth Rights International, is a graduate of the University of Virginia School of Law, where she received the Robert F. Kennedy Award for Human Rights and Public Service. She is a member of the Massachusetts State Bar and served as counsel to plaintiffs in ERI's landmark case Doe v. Unocal. Katie received an Echoing Green Fellowship in 1995 to establish ERI, and since that time has split her time between ERI's Thailand and US offices. In addition to working on ERI's litigation and teaching at the EarthRights Schools, Katie currently serves as an adjunct professor of law at both UVA and the Washington College of Law at American University. She has published on various issues associated with human rights and corporate accountability, in addition to co-authoring ERI reports such as In Our Court, Shock and Law, and Total Denial Continues. In 2006, Katie was selected as an Ashoka Global Fellow.
Riki Ott – Experienced firsthand the devastating effects of the Exxon Valdez oil spill—and chose to do something about it. She retired from fishing, founded three nonprofit organizations to deal with lingering social, economic, and harm, and wrote two books about the spill. Sound Truth and Corporate Myths focuses on the hard science-ecotoxicology, and the new understanding (paradigm shift) that oil is more toxic than previously thought. Not One Drop describes the soft science--the sociology of disaster trauma, and the new understanding that our legal system does not work in cases involving wealthy corporations, complex science, and class-action. Ott draws on her academic training and experience to educate, empower, and motivate students and the general public to address the climate crisis and our energy future through local solutions. Ott lives Cordova, Alaska, the fishing community most affected by the disaster.
Stephen Stec – Adjunct Professor at Central European University (HU) and Associate Scholar at Leiden University (NL). As well as the former head of the Environmental Law Program of the Regional Environmental Center (REC), Stec is one of the authors of The Aarhus Convention Implementation Guide and main editor for the Access to Justice Handbook under the Aarhus Convention. The subject of the Aarhus Convention goes to the heart of the relationship between people and governments. The Convention is not only an environmental agreement; it is also a Convention about government accountability, transparency and responsiveness. The Aarhus Convention grants the public rights and imposes on parties and public authorities obligations regarding access to information and public participation and access to justice.
Fernando Ochoa – Legal Advisor for Pronatura Noroeste a Mexican non-profit organization and the Waterkeeper Program for the Baja California Peninsula, and founding member and Executive Director for Defensa Ambiental del Noroeste (DAN), an environmental advocacy organization. Mr. Ochoa has helped establish more than 60 conservation contracts to protect more than 150 thousand acres of land in Northwest Mexico. As the Executive Director of DAN, Mr. Ochoa has successfully opposed several development and industrial projects that threatened ecosystems in the Sea of Cortes and the Baja California Peninsula, having saved critical habitat for Gray Whales, Whale Sharks and other endangered species. His work has set important legal precedents on environmental law in order for local communities to gain participation in decision making processes, transparency and access to justice.
Claudia Polsky – Deputy Director of the Office of Pollution Prevention and Green Technology (P2 Office) in California’s Department of Toxic Substances Control (DTSC). The P2 Office is central to the implementation of new (2008) legal authority that gives California expansive ability to regulate toxic chemicals in consumer products. Instead of focusing on cleanup of past pollution -- the historic emphasis of DTSC -- the P2 Office looks to the future by preventing the use of toxic materials in consumer products and industrial operations. Ms. Polsky's duties include implementing California’s Green Chemistry Initiative, overseeing hazardous waste source-reduction programs, and working with staff engineers to evaluate and deploy new environmental technologies that reduce the need for toxic chemicals. The Office's work involves interaction with stakeholders as diverse as electronics manufacturers, breast cancer activists, analytical chemists, and venture capitalists. Before joining DTSC, Ms. Polsky worked for the California Department of Justice, Earthjustice, Public Citizen Litigation Group, and The Nature Conservancy. She holds an undergraduate degree from Harvard University, and a J.D. from Boalt Hall School of Law, where she was Editor in Chief of Ecology Law Quarterly. She is also a former Fulbright Scholar to New Zealand, receiving a Masters of Applied Science in Natural Resource Management.
Gail Small – The director of Native Action, an environmental justice organization in Lame Deer, Montana. Small's political engagement in energy issues began in the early 1970s, when she and other high school students were sent by the tribal government to visit coal extraction sites on the Navajo Reservation and in Wyoming, after the Bureau of Indian Affairs (BIA) signed leases opening the Northern Cheyenne Reservation to strip-mining. Small later served on a tribal committee that successfully fought for the cancellation of the BIA coal leases. She received her law degree from the University of Oregon and formed Native Action in 1984. Her work at Native Action includes litigation, drafting tribal statutes, and creating informational resources for tribal members.
Derrick Jenson – bio coming soon
SEE YOU THERE!
The Conference Co-Directors
Questions? Suggestions? Comments? email email@example.com
December 17, 2008 in Africa, Agriculture, Air Quality, Asia, Australia, Biodiversity, Cases, Climate Change, Constitutional Law, Economics, Energy, Environmental Assessment, EU, Forests/Timber, Governance/Management, International, Land Use, Law, Legislation, Mining, North America, Physical Science, Social Science, South America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | TrackBack (0)
Monday, December 8, 2008
EPA and the Corps in a guidance memo issued December 2 took a somewhat conservative position on what constitutes waters of the United States after the U.S. Supreme Court's decision in Rapanos. CWA_Jurisdiction_Following_Rapanos 12 02 08.pdf Rather than keep "either permanent flow or significant nexus" position, the agencies have developed a somewhat curious hybrid. In particular, the agencies determined that to find a significant nexus, discharges to non-navigable tributaries without a relatively permanent flow and wetlands adjacent to non-navigable tributaries with relatively permanent flows must have a significant effect on water quality of traditional navigable waters, even though the agencies classify non-navigable tributaries with relatively permanent flows as "waters of the United States." It would seem to me that discharges into any water that had a significant effect on the water quality of waters of the United States should be within the agencies' jurisdiction. I understand the problem -- if something that significantly affects a "water of the United States" becomes a "water of the United States," then every discharge into a water that significantly affected that water would be a regulated discharge, ad infinitum. Actually, that might be just fine. EPA has a good Rapanos page for those who wish to delve deeper.
Tuesday, December 2, 2008
Go check out the Center for Global Development's 2007 Commitment to Development Index page. Its got some great graphics that you have to see to appreciate. Unsurprisingly, EU countries lead the way on the Center for Global Development's index of commitment to environmentally sustainable development and the US trails the pack, scoring under 3 on a 10 point scale, while EU countries tend to score 6 or above with Norway near 9. Center for Global Development Commitment to Development Index
December 2, 2008 in Africa, Agriculture, Air Quality, Asia, Australia, Biodiversity, Cases, Climate Change, Constitutional Law, Economics, Energy, Environmental Assessment, EU, Forests/Timber, Governance/Management, International, Land Use, Law, Legislation, Mining, North America, Physical Science, Social Science, South America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | TrackBack (0)
Tuesday, November 18, 2008
The Washington Post reports that the Solicitor of the Interior Department has shifted half a dozen key political appointees – including Robert Comer known for his opposition to the roadless rule and a questionable grazing agreement as well as Matthew McKeown, a mining industry darling – into senior civil service posts. These transfers, called "burrowing," allows political appointees to stay in the government and create obstacles to changing policy direction. Perhaps the practice should be called "land-mining," given its potential for derailing the peaceful transfer of power:
Between March 1 and Nov. 3, according to the federal Office of Personnel Management, the Bush administration allowed 20 political appointees to become career civil servants. Six political appointees to the Senior Executive Service, the government's most prestigious and highly paid employees, have received approval to take career jobs at the same level. Fourteen other political, or "Schedule C," appointees have also been approved to take career jobs. One candidate was turned down by OPM and two were withdrawn by the submitting agency. The personnel moves come as Bush administration officials are scrambling to cement in place policy and regulatory initiatives that touch on issues such as federal drinking-water standards, air quality at national parks, mountaintop mining and fisheries limits.
November 18, 2008 in Agriculture, Air Quality, Biodiversity, Climate Change, Economics, Energy, Environmental Assessment, Forests/Timber, Governance/Management, Law, Mining, North America, Sustainability, US, Water Quality, Water Resources | Permalink | TrackBack (0)
Friday, November 7, 2008
Special Guest Contribution: Will we leave the Great Barrier Reef for our children? -- Dr. Chris McGrath
Dr Chris McGrath is an Australian lawyer and researcher on laws protecting the GBR from climate change. This article is based on a previously published research paper, McGrath (2008). Submitted 30 October 2008.
Amidst the current policy debate in Australia and internationally on climate change is a surreal argument that policies that will destroy the Great Barrier Reef World Heritage Area (GBR) and other coral reefs around the globe are acceptable and economically rational.
Nicolas Stern (2007: 330) concluded that “coral reef ecosystems [will be] extensively and eventually irreversibly damaged” by temperature change relative to pre-industrial levels of 0.5-2°C. He found that at 2°C warming “coral reefs are expected to bleach annually in many areas, with most never recovering, affecting tens of millions of people that rely on coral reefs for their livelihood or food supply” (Stern 2007: 94).
Yet for what were clearly reasons of pragmatism and feasibility he recommended the global stabilisation goal should lie within the range of 450-550 parts per million carbon dioxide equivalents (ppm CO2-eq), thereby implicitly accepting a likely warming of 2-3°C and loss of coral reefs, including the GBR.
Ross Garnaut, the Australian Government’s handpicked economic advisor on responding to climate change, followed Stern’s approach and was alive to the damage to the GBR. He recommended that Australia should initially aim for a global consensus next year at COP-15 in Copenhagen to stabilise greenhouse gases in the atmosphere at 550 ppm CO2-eq and hope that global consensus can be reached later for lower stabilisation.
Garnaut (2008a: 38) was brutally frank in his supplementary draft report: “The 550 strategy would be expected to lead to the destruction of the Great Barrier Reef and other coral reefs.” His final report does not shy away from this conclusion (Garnaut 2008b).
The new Australian Government has silently avoided the issue of the expected impacts to the GBR when explaining the costs and benefits of its climate policies. It does not yet have a stabilisation target for the rise in global temperatures or greenhouse gases but recent modelling of economic impacts of mitigating climate change considered only three stabilisation targets.
The Australian Treasury (2008) considers only stabilisation at 450, 510 and 550 ppm CO2-eq, aiming to stabilise mean global temperature rises between 2-3°C. The only reference to impacts on the GBR is to a “very high risk [of] loss of complete ecosystems, such as the Great Barrier Reef [if] the concentration of greenhouse gases in the atmosphere rises to over 1,500 ppm CO2-eq by 2100 [giving an] increase in global average temperature of 5°C above pre-industrial levels by 2100” (Australian Treasury 2008: 35).
In fact, as Stern recognised, the current science indicates that the GBR will be devastated long before such levels are reached and within the lower stabilisation range the Australian Government appears to be aiming for.
Stern and Garnaut’s frank admissions of the expected impacts to the GBR reflect research findings since mass coral bleaching occurred globally in 1998 and 2002. Rising sea temperatures and increasing acidity of the oceans due to our use of fossil fuels are now well-recognized as major threats to coral reefs and the marine ecosystem generally in coming decades.
In relation to coral bleaching the IPCC (2007b: 12) found that:
“Corals are vulnerable to thermal stress and have low adaptive capacity. Increases in sea surface temperature of about 1 to 3°C are projected to result in more frequent coral bleaching events and widespread mortality, unless there is thermal adaptation or acclimatisation by corals.”
The findings of the IPCC suggest that a rise of 1°C in mean global temperatures and, correspondingly, sea surface temperatures above pre-industrial levels is the maximum that should be aimed for if the global community wishes to protect coral reefs. The range of 1-3°C is the danger zone and 2°C is not safe. Supporting this conclusion Ove Hoegh-Guldberg and his colleagues concluded in a review of the likely impacts of climate change to the GBR edited by Johnson and Marshall (2007: 295):
“Successive studies of the potential impacts of thermal stress on coral reefs have supported the notion that coral dominated reefs are likely to largely disappear with a 2°C rise in sea temperature over the next 100 years. This, coupled with the additional vulnerability of coral reefs to high levels of acidification once the atmosphere reaches 500 parts per million [CO2], suggests that coral dominated reefs will be rare or non-existent in the near future.”
The IPCC’s (2007a: 826) best estimate of climate sensitivity found that stabilising greenhouse gases and aerosols at 350 ppm CO2-eq would be expected to lead to a rise in mean global temperatures of 1°C, stabilising at 450 ppm CO2-eq will lead to a rise of 2°C, and stabilising at 550 ppm CO2-eq will lead to a rise of 3°C.
Atmospheric concentrations of greenhouse gases and aerosols have already passed 350 ppm CO2-eq making stabilisation at that level extremely difficult if not impossible in practice, particularly in the context of current global growth and energy use patterns. Atmospheric CO2 reached 379 ppm in 2005 and was increasing by around 2 ppm per year (IPCC 2007c: 102). Including the effect of other greenhouse gases such as methane, the total concentration of atmospheric greenhouse gases was around 455 ppm CO2-eq in 2005 (IPCC 2007c: 102). However, the cooling effects of aerosols and landuse changes reduce radiative forcing so that the net forcing of human activities was about 375 ppm CO2‑eq for 2005 (IPCC 2007c: 102).
Global emissions of carbon dioxide, the major anthropogenic greenhouse gas, are growing at approximately 3% per annum, which exceeds even the “worst case” IPCC projections (Raupach et al 2007). This places global greenhouse gas emissions on a trajectory to rise by 150% between 2000 and 2050 on “business as usual”.
When the conclusions of the IPCC are synthesised, it is clear that reductions of greenhouse emissions of 60% by 2050, such as proposed by the Australian Government (2008), even if they can be achieved, are not likely to prevent serious damage to the GBR and other coral reefs. A 60% reduction in global emissions by 2050 is likely to lead to a mean global temperature rise around 2.4°C (IPCC 2007d: 67), which is likely to severely degrade coral reefs globally. Stabilising greenhouse gases and aerosols around 350 ppm CO2-eq and allowing a rise in mean global temperature of 1°C appear to be the highest targets that should be set if coral reefs are to be protected from serious degradation.
This brings us back to the current policy debate – Stern and Garnaut’s frankness in recognizing the likely damage to the GBR and coral reefs from the targets they recommend is welcome but their conclusions leave us to wonder: is this the best we can do? Should we be prepared to write-off the GBR and other coral reefs and their economic, social environmental values?
As a young boy growing up in Australia’s Whitsundays Islands in the 1970s I did not dream that the GBR that I swam and fished on would be severely damaged by human activity within my own lifetime. Much less would I have dreamt that we would choose to allow these impacts to occur, as we are currently doing.
Stern and Garnaut’s targets are not ambitious enough and we should not accept them.
We should judge our climate change policies by this simple test: will we leave the GBR and other coral reefs around the world for our children? At present the answer we are giving to this question is “no”. We are all responsible for changing the answer to “yes”.
We should demand targets based on what we as a society want to achieve. We should not accept targets that will produce unacceptable outcomes.
The current science indicates our aim should be stabilising atmospheric greenhouse gases at 350 ppm if we want to protect the GBR and other coral reefs, but this is rarely even mentioned as a potential target.
We do not yet know if we can stabilise atmospheric greenhouse gases as 350, 450 or 550 ppm CO2-eq but think of it this way: if we want to build a bridge across a river that is 1 kilometre wide we would not ask our engineers to build us a bridge that is 500 metres long. We should apply the same logic to climate change policy and set targets for our engineers and scientists to achieve that produce results that we want to achieve.
We need vision, ambition, and hard work to solve the climate crisis. Stern and Garnaut’s approaches lacks the vision and ambition that is needed. We need to add these ingredients to the global community’s many hard workers to solve the climate crisis.
Australian Government (2008), Carbon Pollution Reduction Scheme Green Paper (Department of Climate Change), http://www.climatechange.gov.au/greenpaper/index.html.
Australian Treasury (2008), Australia’s Low Pollution Future: The Economics of Climate Change Mitigation (Australian Government Treasury), http://www.treasury.gov.au/lowpollutionfuture/.
Garnaut R (2008a), Garnaut Review Supplementary Draft Report: Targets and trajectories (Garnaut Review, Canberra, 5 September 2008), p 38, available at http://www.garnautreport.org.au/.
Garnaut R (2008b), Garnaut Climate Change Review Final Report (Cambridge University Press), http://www.garnautreview.org.au/index.htm.
Hoegh-Guldberg et al, “Vulnerability of reef-building corals on the Great Barrier Reef to climate change”, Ch 10 in Johnson JE and Marshall PA (eds), Climate Change and the GBR: A Vulnerability Assessment (GBRMPA, 2007), p 295, http://www.gbrmpa.gov.au/__data/assets/pdf_file/0008/22598/chapter10-reef-building-corals.pdf
IPCC (2007a), Climate Change 2007: The Physical Science Basis. Contribution of WGI to the AR4 (Cambridge University Press), http://www.ipcc.ch/ipccreports/ar4-wg1.htm.
IPCC (2007b), Climate Change 2007: Climate Change Impacts, Adaptation and Vulnerability. WGII Contribution to the IPCC AR4 (Cambridge University Press), http://www.ipcc.ch/ipccreports/ar4-wg2.htm.
IPCC (2007c), Climate change 2007: Mitigation. Contribution of WGIII to the AR4 (Cambridge University Press), http://www.ipcc.ch/ipccreports/ar4-wg3.htm.
IPCC (2007d), Climate Change 2007: Synthesis Report (IPCC), http://www.ipcc.ch/ipccreports/ar4-syr.htm
McGrath C (2008) “Will we leave the Great Barrier Reef for our children?” (IUCN), http://cmsdata.iucn.org/downloads/cel_op_mcgrath.pdf.
Raupach MR, Marland G, Ciais P, Le Quéré C, Canadell JG, Klepper G, and Field CB, (2007) “Global and regional drivers of accelerating CO2 emissions” 104(24) PNAS 10288-10293, http://www.pnas.org/cgi/content/abstract/104/24/10288.
Stern N (2007), The Stern Review on the Economics of Climate Change (Cambridge University Press, http://www.occ.gov.uk/activities/stern.htm.
November 7, 2008 in Australia, Biodiversity, Climate Change, Economics, Energy, Governance/Management, International, Law, Legislation, Physical Science, Sustainability, Water Quality, Water Resources | Permalink | Comments (0) | TrackBack (0)
Tuesday, November 4, 2008
Here are some predictions/picks on the Cabinet positions of most significance to environmental matters according to Politico's semi-official leaks. My picks and comments are in green.
Attorney general: Virginia Gov. Tim Kaine; Eric Holder, who was deputy AG under Clinton
and is now with Covington & Burling and led Obama’s vice presidential
search; Massachusetts Gov. Deval Patrick; Arizona Gov. Janet Napolitano. Odds on favorite is Holder
Supreme Court nominee: Washington superlawyer Robert Barnett; legal scholar Cass Sunstein; Massachusetts Gov. Deval Patrick; 2nd U.S. Circuit Court of Appeals Judge Sonia Sotomayor of New York; Elena Kagan, dean of Harvard Law School. Consensus is it would most likely be a woman. First nominee has got to be a woman - Kagan is smart and has credibility, but this is a much shorter list than Obama will look at.
Secretary of State: New Mexico Gov. Bill Richardson; Sen. John F. Kerry (D-Mass.); Sen. Richard Lugar (R-Ind) State is too important to give to a Republican, Kerry's too valuable in the Senate, and Richardson was UN Ambassador so he knows international diplomacy
Environmental Protection Agency administrator: Former Sen. Lincoln Chafee (R-R.I.); Kathleen
McGinty, former head of the Pennsylvania Environmental Protection Agency Again, McGinty is an odds on favorite who knows her stuff
Commerce secretary: Penny Pritzker, Kansas Gov. Kathleen Sebelius, Sen. Olympia Snowe (R-Maine) Need some Republicans and Olympia Snowe is a liberal one; although she's more valuable in the Senate. So maybe one of the non-environmental positions will go to a Republican and Obama will stick with a Democrat. I'd take Sebelius -- she's articulate and mid-Western.
Secretary of the Interior: Rep. Jay Inslee (D-Wash.), Robert F. Kennedy Jr. This is the position most likely to go to someone who hasn't been in the running.
Secretary of Energy: California Gov. Arnold Schwarzenegger (R), Sen. Jeff Bingaman (D-N.M.); My pick would be Lincoln Chafee, a liberal Republican who understands environmental issues as well as energy issues. Again, Bingaman's too valuable in the Senate.
Secretary of Agriculture: Former Iowa Gov. Tom Vilsack, Rep. Collin Peterson (D-Minn.) Vilsack is odds on favorite.
November 4, 2008 in Agriculture, Air Quality, Biodiversity, Climate Change, Economics, Energy, Forests/Timber, Governance/Management, International, Mining, North America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | TrackBack (0)
Wednesday, October 15, 2008
Yesterday the Guardian published an opinion piece by Kevin Gallagher (Washington Consensus Dead?) on Nobel Laureate Paul Krugman's work on strategic trade policy, pointing out that his Nobel Prize is the nail in the coffin of the free trade "Washington consensus." Krugman explains why it is rational for governments to engage in strategic use of tariffs and subsidies in order to create a niche industry. The same sort of strategic trade policy makes it rational for governments to engage in strategic use of tariffs and subsidies to support ecological sustainability and social well-being. Perhaps the pendulum will swing against the free traders enough so that we can protect the global environment through trade and other economic sanctions against nations unwilling to act in a socially and environmentally responsible manner.
Last Friday the New York Times quoted the World Bank as saying "There's no question the Washington consensus is dead," indeed it "died at the time of the $700bn bail-out." If the bail-out is death, then awarding Paul Krugman the Nobel prize for economics is the nail in the coffin.
Paul Krugman did not win the Nobel for his popular critiques of Bush-era economic policy in his New York Times column, though the column no doubt helped raise his profile outside the economics profession. The Nobel committee cited Krugman's theoretical contributions to the economics of international trade, the policy implications of which fly in the face of the Washington consensus ( where the mantra is to free up trade every chance you get).
Among Krugman's achievements in the field of international trade is "strategic trade policy". In this work Krugman (and others) showed that tariffs and subsidies to domestic industries can divert profits away from highly concentrated foreign firms and increase a nation's income. Though Krugman himself shies away from prescribing such policy, the textbook example of strategic trade theory is the choice by the Brazilian government to subsidise and develop the aircraft company Embraer. The free-trade theories espoused by the Washington consensus would warn Brazil of the high cost of subsidisation. To free traders, Brazil should focus on its advantage in agricultural products and forget about climbing the manufacturing ladder. Strategic trade theory helps explain why Brazil was willing to gamble in the short term to become one of the finest aircraft manufactures over the long term. They squeezed foreign firms out of the market and carved out a global niche for themselves.
In another classic book, Development, Geography, and Economic Theory, Krugman argued that the government should also play a role in connecting beneficiaries of strategic trade policy to the overall economy. Evoking the work of economists such as Albert O Hirschman and Paul Rosenstein Rodan, Krugman argued that developing countries often needed a "big push" of coordinated government investments to help strategic industries get off the ground and to link the growth of such industry to the economy as a whole.
Problem is, today's trading system is out of whack with these frontier issues in economic thought. In a study published by Boston University's Pardee Centre for the Study of the Longer-Range Future, trade lawyer Rachel Denae Thrasher and I examined the extent to which the World Trade Organisation (WTO) agreements, European Union trade agreements, and United States trade agreements bit into a nation's ability to deploy strategic trade and other industrial policies to benefit from the globalisation process.
We find that in general the world's trading system makes it much more difficult for nations to craft strategic trade and industrial policies for growth and development. Indeed, enshrined in virtually all trade agreements is the "national treatment" idea that says a nation may not treat its domestic industries any differently than foreign ones. That may make sense when rich nations compete against each other, but in a world where 57.6% of the population lives on less than $2.50 per day, one size can't fit all. This restriction is accentuated in provisions for foreign investment, intellectual property, and subsidies.
Interestingly however, we find that there is more "policy space" for innovative growth strategies under the WTO than under most regional trade agreements – especially those pushed by the US. In fact, we find that US-style trade agreements are the most severe in constraining the ability of developing countries to deploy such policy. EU agreements, interestingly, tend to have the same policy space as the WTO.
It doesn't make sense that the World Bank and (implicitly) the Nobel committee are declaring the death of the Washington consensus when the US is choking the ability of nations to use policies that are gaining increasing legitimacy in theory and practice. Change is in the air. As we know in the aftermath of the financial crisis, the US has justified – like never before – a strong role for government in economic affairs. And, of the two presidential candidates, Obama has expressed concern over the direction of US trade policy and has pledged to rethink it. Perhaps these events will make strategic trade and industrial policy rise again.
October 15, 2008 in Africa, Agriculture, Air Quality, Asia, Australia, Biodiversity, Climate Change, Economics, Energy, Environmental Assessment, EU, Forests/Timber, Governance/Management, International, Land Use, Law, Mining, North America, Social Science, South America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | TrackBack (0)
Monday, October 13, 2008
I just returned from an International Water Training Conference hosted by EDGE Outreach in Indiana.
It was a bit different from your standard conference: I actually learned to do something. I can build and install a community water purification system. I can build and install a community water treatment system. I can do a community water, sanitation, and hygiene assessment. I can lead community hygiene education. I even learned a bit about how to do all of this in a cross-cultural situation!
The training was aimed at people who are actively doing community-based water development work. The development community itself appears to be broken into three parts: (1) the official development organizations, funding projects through official development aid and international financing from the World Bank, IMF, regional development banks and such; (2) the non-governmental organizations run by professional water management types -- who provide water and sanitation in developed countries and who do charitable work in developing countries -- WaterAid and Water for People; and (3) the missionaries who work on lots of issues throughout the developing world. This conference was organized and aimed at the third group.
I spent time talking to people who work in Ghana, Guyana, Kenya, Haiti, Costa Rica, and dozens of other places. The need is immense and unrelenting. 1.5 million people are dying of preventable water borne diseases every year -- a child every 15 seconds. You really can install a village water purification system for a bit more than $ 1000; you really can develop new water supplies for a village for $ 5000 - $15,000. You can really make a difference.
One of the best parts of the conference was Bill Deutsch from Auburn discussing watershed management and the need to look upstream to prevent some of the water contamination problems. The light bulbs going on in people's minds were almost visible -- there will be some sustainable water systems developed throughout the world thanks to the wisdom he shared. The other concept he shared was that most of the work being done is first and second "generation" development work -- aimed at disasters and individual communities. The work that isn't being done and needs to be done is third and fourth "generation" development work -- the regional, national, and international policy levels. That's really my work in the area. We need to secure the human right to clean drinking water. We need to assure that the community-based water development work is sustainable in terms of being coordinated with integrated water resources development and with climate change adaptation planning. We need to find ways to increase the funding available for community-based water development -- beyond official aid and international financial institutions. This is the challenge. Let me know if you want to help.
October 13, 2008 in Africa, Agriculture, Asia, Biodiversity, Climate Change, Economics, Energy, Governance/Management, International, Land Use, Physical Science, South America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | Comments (1) | TrackBack (0)
Saturday, September 20, 2008
Jeffrey Mervis of ScienceNOW Daily News [link] reported yesterday that next year's federal budget will not contain even one penny more for scientific research, technology development, and science education if McCain is elected, assuming Congress cannot muster enough votes to override a veto. McCain intends to freeze all discretionary spending for a year to evaluate all programs. Democratic Senator Barack Obama (IL), on the other hand, proposes doubling the budgets of many U.S. science agencies over the course of the next decade.
McCain had promised support for R & D in August, but his science aide Brannon said yesterday that there's been no talk within the campaign of allowing any flexibility in the proposed freeze. It would be part of McCain's 2010 budget submission next spring to Congress for the fiscal year that begins in October 2009, should he defeat Obama in November. "Senator McCain realizes that it's difficult to evaluate the effectiveness of basic research," Brannon told Science. "But the freeze applies to the entire budget, most of which doesn't relate to science."
September 20, 2008 in Air Quality, Biodiversity, Climate Change, Energy, Forests/Timber, Governance/Management, Legislation, Physical Science, Social Science, US, Water Quality, Water Resources | Permalink | TrackBack (0)