Voter Initiatives and State Environmental Laws: A Threat to State Environmental Protection?

2011 ◽  
Author(s):  
Chris Becker
2017 ◽  
Vol 6 (3) ◽  
pp. 531-549 ◽  
Author(s):  
Huiyu Zhao ◽  
Robert Percival

AbstractThe proper division of responsibility for environmental protection between national and state governments has long been the subject of fierce debate. During the 1970s the United States Congress decided to shift the most important environmental responsibilities from state governments to the federal government. The main reason for this decision was to prevent a ‘race to the bottom’ in that states competing for industries could otherwise be lax in implementing and enforcing federal environmental standards. Yet, some scholars have argued that there could just as easily be a ‘race to the top’ among states as they compete to attract people and businesses concerned with environmental protection. China, in turn, is plagued with severe air and water pollution and soil contamination, which is attributed largely to ineffective enforcement of its national environmental laws. This article investigates whether China’s experience confirms the race-to-the-bottom theory. It demonstrates that devolution of responsibility for environmental protection to lower levels of government tends to result in lax implementation and enforcement of national environmental laws, particularly where national governments also create strong incentives for economic growth. It concludes that China’s highly devolved system of environmental governance is consistent with this theory, even if it does not provide conclusive evidence of its correctness.


2017 ◽  
Vol 20 (1) ◽  
pp. 105-126
Author(s):  
DEBORA GABRIELE DOS SANTOS PINTO PEREIRA ◽  
ELIANA APARECIDA PANARELLI ◽  
LEANDRO DE SOUZA PINHEIRO ◽  
ANDRÉ VINÍCIUS MARTINEZ GONÇALVES ◽  
LUCAS DE PAULA PEREIRA

Abstract Environmental Protection Areas are legal provisions aiming at the preservation of natural resources through the maintenance of the ecosystem functions. This study aimed to characterize the changes on the land-use between 2002 and 2011, verify the implementation of these legal provisions on the Bebedouro Stream Watershed (Frutal, Minas Gerais), analyze the implications of changes in environmental laws and indicate management options for water resource conservation. For this work the following procedures were performed: land-use mapping of the watershed; investigation on the occupation of the Frutal region; survey of records about the rural properties and Environmental Protection Areas registered. The comparative study of the Bebedouro Stream watershed showed the replacement of large pasture areas by sugarcane plantation; insufficient area of legal provision for biodiversity conservation and increase in the riparian forest during the period studied. Concluding remarks suggest management options for the water uses of the analyzed watershed.


2019 ◽  
Vol 65 (4) ◽  
pp. 916-929
Author(s):  
Ravindra Kumar Verma

It is environmental laws that regulate the environmental protection bodies and make them effective. With this view in mind, the article intends to examine the environmental jurisprudence in India in terms of evolution, pattern of delivery of environmental justice and place of people’s attitude in the process. It was found that the superior judicial bodies including National Green Tribunal have set certain norms to deal with environmental cases against the polluters (mainly government bodies and private firms), but not for day-to-day activities of the people which pollute the environment sizeably. Besides, the article, on the basis of empirical studies, finds that despite having been aware of the menace of the environmental degradation and its gravity, people are less intended to be sensitive towards the problem owing to three-pronged reasons: First, they perceive environmental protection as the sole responsibility of state; second, sizeable of them have no spare time out of their livelihood engagements; and third, lack of leadership or community action at local level for the cause. The article prima facie finds that environmental jurisprudence in India has inadequately addressed the issue of people’s say and environmentally hostile people’s attitude towards environmental protection in the process.


2014 ◽  
Vol 1010-1012 ◽  
pp. 1924-1927
Author(s):  
Guo Dong Yan ◽  
Jian Cheng Kang ◽  
Guo Wei Yan

The resources constraint is tight and system bottleneck prominent in Shanghai, so institutional innovation of ecological civilization is urgent. The research fucous on the Characteristics of Shanghai ecological civilization system and find that Operational mechanism of Coordination Promotion Committee works well and Have Effective pricing policies, Effective fiscal transfer payment system for ecological compensation. Multiple construction project subsidy policies but the Environmental protection laws and policies are not adequate, Ineffective law enforcement supervision and accountability mechanism, Restructure of low-carbon pilot plans is needed, Compensation policy for use of environmental resources needs improvement. So as to Put forward the countermeasures and Suggestions such as Strict enforcement of environmental laws and regulations, improve pollution control system.Establish environmental taxation policies, strengthen environmental protection investment mechanism.Joint prevention mechanism for air pollution, implement "fog control" accountability system


Author(s):  
Pamela Hill

In 1962, Rachel Carson’s Silent Spring sounded an alarm: the natural environment is being dangerously degraded because of human activity. Ever since, environmental protection has been a major societal concern. A robust system of environmental laws has emerged in the United States, commercial activities are increasingly scrutinized for their environmental impact, and communities around the world are becoming aware of the environment as a global issue requiring international attention. The most important evidence comes from the environment itself: the planet is warming, water supplies are at risk, ecosystems are under stress, and species are being lost at an unprecedented rate. Environmental Protection: What Everyone Needs to Know® provides accessible information that will help readers navigate this complex and highly relevant subject. It gives background information on the origins and development of environmental protection; introductions to the main elements of environmental protection with concrete examples; the context for understanding current issues; definitions of key terms; scientific, legal, and economic underpinnings; and discussion of hot-button current issues from nanopollution to climate change. The reader will gain familiarity with phenomena like biodiversity, the greenhouse effect, fugitive emissions, and algal blooms while learning about the impact of landmark policy initiatives like the Clean Air Act, the Endangered Species Act, the Kyoto Protocol, and the Paris Agreement.


2011 ◽  
Vol 40 (3) ◽  
pp. 139-162 ◽  
Author(s):  
Qingzhi Huan

China's Ministry of Environmental Protection (MEP), has set up six regional Supervision Centres for Environmental Protection (SCEPs) in recent years. The creation of the SCEPs reflects the “green will” of Chinese government, to reverse the ever-worsening environmental situation throughout China by strengthening vertical supervision of the environmental laws and policies enforcement. A primary analysis focusing on the South China Supervision Centre (SCSC) has clearly shown, however, that the SCEPs today can only perform well in the concrete or “small” tasks – most of them designated or handed over by the MEP – rather than in the complicated or “big” issues. To make the SCEPs do more and better, the most desirable but radical policy choice is to reshape them into fully authorised regional “sub-bureaus” of the MEP.


1999 ◽  
Vol 1999 (1) ◽  
pp. 721-723
Author(s):  
Cindy Chen ◽  
Mike Hicks

ABSTRACT The concept of marine environmental protection and its development was introduced to the People's Republic of China in the 1980s. This followed the enactment of the Environmental Protection Law (1979, 1989), a revision to the Constitution, and the adoption of international environmental laws. The Chinese Marine Environmental Protection Law (MEPL) was promulgated in 1983 after China signed the 1982 U.N. Convention on the Law of the Sea. Both national environmental laws and various international conventions and agreements influenced the MEPL. For example, the MEPL closely follows provisions outlined by the International Convention for the Prevention of Pollution from Ships (MARPOL) and other international treaties. China has concerns about marine pollution not only within its own territory but outside its jurisdiction as well. Thus, the MEPL explicitly states that the provisions of the law apply to areas beyond China's territorial sea. As provided by the MEPL, China has the right to assert jurisdiction over foreign vessels beyond its territorial sea when they engage in activities that cause pollution to China's environment. However, questions arise as to China's coastal state jurisdiction. China's view on sovereignty is a controversial issue, and it is unclear whether the MEPL can be invoked to confer liability in waters outside of China's jurisdiction. Despite uncertainty over the jurisdiction issue, the MEPL is a significant and comprehensive law for marine protection. It regulates five major sources of marine pollution: coastal construction projects, off-shore oil exploration and exploitation, land-source pollutants, vessel pollution, and the dumping of wastes at sea. The purpose of this paper is to provide a brief comparison of the MEPL and relevant international laws and an understanding of critical issues covered by the MEPL.


Author(s):  
Hizbullah Rahmani ◽  
Wafaurahman Wafa ◽  
Fayaz Gul Mazloum Yar

Public awareness and knowledge of environmental protection are crucial to avoid environmental pollutions. Lack of relevant scientific principles and lack of public awareness of environmental or other projects are hindrances to controlling environmental pollution. The objective of the study was to identify the importance of public awareness in environmental pollution management. Environmental education and public awareness are crucial to avoid environmental pollutions. The study aims to analyze public awareness of environmental protection. The study was conducted in Sharana, the center of Paktika province, and was attended by 71 students from the Paktika Higher Education Institute’s Education Faculty. Questionnaires and field observations have been selected as methodologies for this research. The results of the study show that 59.2 percent of survey participants consider public awareness and 35.2 percent think that enforcement of environmental laws is important. People in Paktika do not take part in environmental activities due to a lack of public awareness and throw away pollutants everywhere. If this situation continues, it is not far off that it will turn into a disaster.


2019 ◽  
Vol 48 (1) ◽  
pp. 3-26 ◽  
Author(s):  
Belén Fernández Milmanda ◽  
Candelaria Garay

Environmental protection presents a challenge for commodity-producing democracies. To account for the enforcement of environmental laws in decentralized systems, this article proposes a multilevel approach that highlights the importance of national laws and subnational implementation rules to the politics of enforcement. This approach contrasts with prominent scholarship that focuses on sanctions and the electoral incentives and bureaucratic resources of enforcers. The advantages of the multilevel approach are demonstrated by the enforcement of the native forest protection regime (NFPR) in the Argentine Chaco Forest, which is shaped not only by whether sanctions on illegal deforestation are applied by subnational authorities but also by the design of both the national law and subnational regulations. The article employs quantitative data and case studies based on extensive fieldwork to show how affected subnational organized interests influenced the design of the NFPR and the provincial regulations that weaken or strengthen enforcement.


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