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Evaluating New York’s Conservation Easement Laws as a Potential Climate Change Solution 评估纽约保护地役法作为潜在的气候变化解决方案
Environmental Claims Journal Pub Date : 2021-12-05 DOI: 10.1080/10406026.2021.2010950
Jillian Aicher
{"title":"Evaluating New York’s Conservation Easement Laws as a Potential Climate Change Solution","authors":"Jillian Aicher","doi":"10.1080/10406026.2021.2010950","DOIUrl":"https://doi.org/10.1080/10406026.2021.2010950","url":null,"abstract":"Abstract Conservation easements can meaningfully contribute to climate change mitigation and adaptation, but to maximize their potential as a climate solution, parties must identify and overcome barriers to their effective use. These barriers include possible termination due to climate change impacts, as well as inconsistency between the restrictive nature of conservation easements and terms that include affirmative requirements to combat climate change. Currently, in New York, parties can avoid these conflicts through climate smart drafting. Additional measures that would enhance conservation easements’ use for mitigation and adaptation include: (1) Securing funding under New York’s Climate Leadership and Community Protection Act for trainings on climate smart drafting, and (2) amending New York’s conservation easement law to explicitly address climate change.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"34 1","pages":"327 - 351"},"PeriodicalIF":0.0,"publicationDate":"2021-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41769360","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Mitigating the Next Disaster: Strengthening the U.S. Chemical Safety and Hazard Investigation Board 减轻下一次灾难:加强美国化学品安全和危害调查委员会
Environmental Claims Journal Pub Date : 2021-11-10 DOI: 10.1080/10406026.2021.2003073
I. Bennett
{"title":"Mitigating the Next Disaster: Strengthening the U.S. Chemical Safety and Hazard Investigation Board","authors":"I. Bennett","doi":"10.1080/10406026.2021.2003073","DOIUrl":"https://doi.org/10.1080/10406026.2021.2003073","url":null,"abstract":"Abstract This article draws attention to an agency overlooked by the legal community: the U.S. Chemical Safety and Hazard Investigation Board (CSB), which investigates industrial chemical accidents and provides recommendations to reduce the risk of future accidents. The CSB was harmed by an internal scandal in 2014 and the Trump Administration more recently, but the CSB has an essential role in preventing chemical disasters. Its work is crucial, especially because climate change has increased the frequency of technological disasters caused by natural disasters (natechs), such as the Arkema plant explosion following Hurricane Harvey. This article assesses the CSB, compares its structure with like agencies in other countries, and argues that strengthening the CSB is essential to mitigating future chemical and natech disasters.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"34 1","pages":"222 - 247"},"PeriodicalIF":0.0,"publicationDate":"2021-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43184849","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Freedom of Information: Secret Law versus Finality 信息自由：秘密法与最终性
Environmental Claims Journal Pub Date : 2021-09-23 DOI: 10.1080/10406026.2021.1981681
A. Gershonowitz, Brian T. Kennedy
{"title":"Freedom of Information: Secret Law versus Finality","authors":"A. Gershonowitz, Brian T. Kennedy","doi":"10.1080/10406026.2021.1981681","DOIUrl":"https://doi.org/10.1080/10406026.2021.1981681","url":null,"abstract":"Abstract The recent Supreme Court decision in Fish and Wildlife Service v. Sierra Club presents a conflict between the public’s right to know federal agency policies and a federal agency’s interest in protecting its deliberative materials from public review. The Sierra Club claimed that the Fish and Wildlife Service was violating the Freedom of Information Act by refusing to provide biological opinions – a required analysis of the potential impact of regulations on endangered species – by marking them draft and never producing a final opinion that would be publicly available. This article analyzes the decision and explains why the agency controls the decision as to what is publicly available. It is not that the agency interest in privacy is more important than the public’s right to know; the rule is that as long as the agency is deliberating, there is not final policy to make public.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"34 1","pages":"80 - 93"},"PeriodicalIF":0.0,"publicationDate":"2021-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49016466","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Assessment of Ozone and Nitrogen Oxides Variations in Urban Region of Patna, India 印度巴特那城市地区臭氧和氮氧化物变化的评估
Environmental Claims Journal Pub Date : 2021-07-30 DOI: 10.1080/10406026.2021.1957588
Niraj Kumar, Sapna Chourasiya, Amit Kumar, Basuki Nath
{"title":"Assessment of Ozone and Nitrogen Oxides Variations in Urban Region of Patna, India","authors":"Niraj Kumar, Sapna Chourasiya, Amit Kumar, Basuki Nath","doi":"10.1080/10406026.2021.1957588","DOIUrl":"https://doi.org/10.1080/10406026.2021.1957588","url":null,"abstract":"Abstract Increasing levels of ozone and nitrogen oxides may have damaging effects on the ambient environment, vegetation, public health and climate. Therefore, ozone chemistry is crucial to understand in fast-growing urban regions. This article reports on the determination of ozone and nitrogen oxides in the urban region of Patna, India. The aims of present study involve temporal variations of gaseous pollutants and source analysis. The occurrence of pollutants is dependent on meteorological factors along with local and distant sources. The findings may be useful for policymakers to formulate effective pollution-reducing strategies in the case of the new fast-growing urban city.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"34 1","pages":"170 - 192"},"PeriodicalIF":0.0,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2021.1957588","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48713687","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Allocating Remedial Expenditures at the East Helena Smelter Complex, MT USA 分配美国MT东海伦娜冶炼厂综合设施的补救开支
Environmental Claims Journal Pub Date : 2021-06-25 DOI: 10.1080/10406026.2021.1892581
A. Davis, G. Evans, S. Benateigha, J. Clark
{"title":"Allocating Remedial Expenditures at the East Helena Smelter Complex, MT USA","authors":"A. Davis, G. Evans, S. Benateigha, J. Clark","doi":"10.1080/10406026.2021.1892581","DOIUrl":"https://doi.org/10.1080/10406026.2021.1892581","url":null,"abstract":"Abstract The East Helena, MT lead smelter complex was operated from 1888 through 2001 by Asarco. An adjacent zinc smelter was run by Anaconda (now ARCO) from 1926 through 1972. Both operations contaminated groundwater that migrated offsite under East Helena. As part of their bankruptcy settlement, Asarco paid $111.4 M toward remediation of site soil and groundwater. ARCO denied any liability so Asarco sued ARCO for response costs, relying in part on historical documents, photographs and soil and groundwater chemistry in the vicinity of Anaconda’s zinc smelter. Based on expert analysis, the trial court determined that ARCO was liable for 25% of the $61.4 million actually spent. On appeal, the 25% allocation was upheld with the proviso that future costs may also be recovered after they are incurred.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"34 1","pages":"34 - 55"},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2021.1892581","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42600284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Analysis of Contaminants in Sewage and Groundwater: Future Impact on Human and Animal Health 污水和地下水中污染物的分析：未来对人类和动物健康的影响
Environmental Claims Journal Pub Date : 2021-05-28 DOI: 10.1080/10406026.2021.1907992
Ankit Modi, N. Khatri, S. Tyagi, A. K. Jha
{"title":"Analysis of Contaminants in Sewage and Groundwater: Future Impact on Human and Animal Health","authors":"Ankit Modi, N. Khatri, S. Tyagi, A. K. Jha","doi":"10.1080/10406026.2021.1907992","DOIUrl":"https://doi.org/10.1080/10406026.2021.1907992","url":null,"abstract":"Abstract Irrigation Water Quality Index (IWQI) is applied based on the linear combination of the five different groups of irrigation water quality parameters: (a) salinity hazard, (b) permeability and infiltration problems, (c) specific ion toxicity, (d) trace element toxicity; and (e) miscellaneous problems that have potential negative impacts on soil quality and crop yield. A single index value is developed, which is then interpreted to determine the suitability of the irrigation water. Furthermore, the values of various quality parameters of sewage were compared with the quality of groundwater of villages in the Gandhinagar district of Gujarat State selected for the study. The comparison revealed that no significant difference had been observed among the values of water quality parameters analyzed for groundwater and sewage. Further, the IWQI calculated for sewage and groundwater was found to be in the moderate and high class of suitability for irrigation purpose. IWQI also considers the levels of trace heavy metals, therefore it serves as an excellent tool for monitoring their levels and assess their impact on human and animal health in future. Moreover, it is recommended to carry out continuous monitoring of sewage, crops, and soil for perpetual applications of sewage for irrigation.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"34 1","pages":"208 - 221"},"PeriodicalIF":0.0,"publicationDate":"2021-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2021.1907992","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49321138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Contamination and a Compact: Remediless Environmental Harm in the Marshall Islands 污染与契约：马绍尔群岛无法弥补的环境危害
Environmental Claims Journal Pub Date : 2021-05-14 DOI: 10.1080/10406026.2021.1911392
Shannon Marcoux
{"title":"Contamination and a Compact: Remediless Environmental Harm in the Marshall Islands","authors":"Shannon Marcoux","doi":"10.1080/10406026.2021.1911392","DOIUrl":"https://doi.org/10.1080/10406026.2021.1911392","url":null,"abstract":"Abstract Since its arrival in the Marshall Islands in 1944, the United States military has caused widespread, deadly, and lasting environmental harm. The Compact of Free Association binding the United States and the Republic of the Marshall Islands creates legal gaps allowing for ongoing harm without an avenue for adequate remedy. Current Compact renegotiations between the Marshall Islands and the United States offer an opportunity to provide an adequate remedy for past abuses and accountability for ongoing and future contamination. Further, legislative avenues remain an alternate means of addressing the legal and funding gaps currently depriving the Marshall Islands of a remedy.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"34 1","pages":"95 - 135"},"PeriodicalIF":0.0,"publicationDate":"2021-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2021.1911392","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41566830","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
Real Estate Damage Economics: The Impact of PFAS “Forever Chemicals” on Real Estate Valuation 房地产损害经济学：PFAS“永远的化学品”对房地产估价的影响
Environmental Claims Journal Pub Date : 2021-05-11 DOI: 10.1080/10406026.2021.1923926
Randall Bell, Michael Tachovsky
{"title":"Real Estate Damage Economics: The Impact of PFAS “Forever Chemicals” on Real Estate Valuation","authors":"Randall Bell, Michael Tachovsky","doi":"10.1080/10406026.2021.1923926","DOIUrl":"https://doi.org/10.1080/10406026.2021.1923926","url":null,"abstract":"Abstract The so-called “Forever Chemicals,” i.e. PFAS or PFCs, are emerging environmental contaminants. They refer to a family of carbon-fluorine chemicals that were initially developed in the commercial and industrial sectors around the time of WWII. As the term PFAS is a catch-all, there are many individual compounds, including C8, PFOA, PFOS, AFFF, PFNA, PFHxS, and GenX. Until the late 1990s/early 2000s, the health risks of PFAS compounds were largely unknown to the general public. But with the increasing ability to detect and monitor these compounds in humans and the environment, information is now more widely available. Health advisories are being developed at federal and state levels as to the adverse human health effects associated with PFAS are becoming clearer. As public awareness and the ability to detect PFAS compounds evolve, so must real estate valuations. Real estate valuation professionals are facing assignments that require an evaluation of the impact, if any, of PFAS on property values, in particular, properties with tainted household water. This article outlines the fundamental characteristics of PFAS compounds and sets forth valuation methodologies, such as mass appraisal methodologies, that can be used to determine the impact, if any, PFAS have on real estate values. Appraisal literature and textbooks have established the use of regression for mass appraisal assignments. The profession has also developed numerous well-accepted methodologies that can also be used to address mass appraisal assignments. This article addresses the use of regression as a real estate valuation methodology, the use of sale/resale as a mass appraisal technique, and the use of a case study approach in environmental contamination assignments related to PFAS.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"34 1","pages":"136 - 155"},"PeriodicalIF":0.0,"publicationDate":"2021-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2021.1923926","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48193076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Environmental Impacts of the Use of Electric Vehicles 使用电动汽车对环境的影响
Environmental Claims Journal Pub Date : 2021-04-20 DOI: 10.1080/10406026.2021.1905210
Md. Raquibul Hasan, N. Mustafi
{"title":"Environmental Impacts of the Use of Electric Vehicles","authors":"Md. Raquibul Hasan, N. Mustafi","doi":"10.1080/10406026.2021.1905210","DOIUrl":"https://doi.org/10.1080/10406026.2021.1905210","url":null,"abstract":"Abstract This research examines and measures the ecological implications of EVs' mass use in Bangladesh, particularly emissions from charging the lead acid batteries (LABs) used by the vehicles using grid electricity and environmental pollution from the unregulated recycling of these vehicles' batteries. This study evaluated that about 14 kilotons of CO2 were emitted per day to charge these EVs, the mean concentrations of the heavy metals in the soil and water samples in the recycling zone were exceeded the guideline values, and toxic gases from the recycling of battery were surpassed the AQI limit value.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"34 1","pages":"56 - 79"},"PeriodicalIF":0.0,"publicationDate":"2021-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2021.1905210","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45166704","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
I Am Not Paying for That! Lawyers’ Bills and the Clients Who Dispute Them 我才不付钱呢!律师的账单和争议的客户
Environmental Claims Journal Pub Date : 2021-02-22 DOI: 10.1080/10406026.2020.1843289
Frederic Blum, Jeremy D. Stone
{"title":"I Am Not Paying for That! Lawyers’ Bills and the Clients Who Dispute Them","authors":"Frederic Blum, Jeremy D. Stone","doi":"10.1080/10406026.2020.1843289","DOIUrl":"https://doi.org/10.1080/10406026.2020.1843289","url":null,"abstract":"Abstract The characteristics of environmental litigation — generally spanning several years, including many potentially responsible parties, complex fact patterns, commercial agreements, and lengthy operational histories — lend themselves to both unethical, intentional billing abuses and unintentional invoicing mistakes. The complexities of environmental litigation, however, do not relieve attorneys of their obligation to accurately bill their time. This puts environmental litigators in a difficult position to simultaneously succeed at litigation and manage their clients’ largest concern — litigation costs. This article explores proper and improper billing practices, how computer-assisted e-discovery technology can keep litigation costs down, and how clear communication plays a key role in minimizing billing disputes.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"33 1","pages":"183 - 193"},"PeriodicalIF":0.0,"publicationDate":"2021-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2020.1843289","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49194564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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