Victoria\u27s Window Dressing: How the Environment Effects Act of 1978 Failed at Bastion Point

In 1978, Victoria’s Parliament enacted the Environment Effects Act 1978 (“EEA”), creating procedures by which the state could call for environmental impact assessments prior to beginning work on proposed construction projects. The EEA, however, is significantly flawed, in that it authorizes the Planning Minister, an elected official, the power not only to promulgate guidelines for the administration of the environmental assessment process, but also the power to determine whether the environmental effects of a project are outweighed by the economic or social benefits of the project’s completion. A case study involving Bastion Point offers a prime example of the effect outside political interests may play in subverting the protection of the environment. With Bastion Point, the Planning Minister’s approval of a contentious construction proposal led a community group to sue the Planning Minister in Victoria’s Supreme Court, asserting he failed to adequately weigh the environmental effects of the proposed project under the Environment Effects Act 1978. The community group lost at the Supreme Court, but their case demonstrated the shortcomings of the EEA and the unreasonably high levels of discretion the Planning Minister enjoys. This comment argues that four changes should be made to the EEA to reduce the Planning Minister’s discretion in order to better protect the environment

Externalities revisited: the use of an environmental equity account

This exploratory paper attempts to restart a debate about the incorporation of environmental externalities into the cost structure of the organisation. A number approaches are considered; regulation together with all that would follow such as audit and policing; pollution permits, which probably can only be used with a sinking lid application; and other charging mechanisms such as making the private sector pay for public sector capital funding. The fourth alternative, the use of an environmental equity account, has not been widely considered in the literature. The paper proposes the use of an environmental equity account (after Boone and Rubenstein, 1997) with the express intent of generating a charge for environmental impact based on the cost of control. That is, the cost of implementing state of the art technology compared to that currently in use within the organisation, is used as a balance which may be either paid as a capital sum or carried as a balance sheet entry upon which dividend payments would have to be made. It is envisaged that both capital sums and dividend payments would go to an agency responsible for environmental remediation activity

Microbial extracellular enzyme activity affects performance in a full-scale modified activated sludge process

The rate-limiting step of wastewater treatment is the breakdown of polymers by extracellular enzyme activity (EEA). The efficacy of EEA on biomass from full scale conventional activated sludge (AS) and modified AS with bench scale and full scale rotating biofilm reactors (RBR) was compared. The maximum amino-peptidase EEA was 394 ± 34 μmolL−1 min−1 for the bench RBR which was 11.7 and 4.5 times greater than maximum α-glucosidase and phosphatase EEA in these reactors. At full scale the RBR gave ~4.6, 13.5 and 6.3 times the EEA for amino-peptidase, α-glucosidase and phosphatase (based on enzyme Vmax) compared to the highest EEA in conventional AS biomass. Controlled overloading of the bench RBRs revealed that EEA increased with OLR up to 190 g tCOD m−2d−1 and further increases in OLR reduced the EEA. Pretreatment of wastewater by EEA in the RBR was linked to better performance of the modified activated sludge process. Maintaining high EEA of biofilms is critical for the design of high OLR wastewater treatment systems

Agricultural water management in Bulgaria

This paper analyzes evolution and efficiency of water governance in Bulgarian agriculture during post-communist transition and EU integration. First, it defines the water governance and the scope of analysis. Next, it presents the process of transformation of agricultural water governance embracing all mechanisms and modes – institutional environment, market, private, public, and hybrid. Third, it assesses impacts of newly evolved system of governance on efficiency and sustainability. Finally, it suggests recommendations for improvement of public policies.agricultural water governance; market, private, and public modes, Bulgarian agriculture

Marine spatial planning approaches at the state level: Similarities and differences between MSP efforts across the country

Competing uses, sensitive and valuable marine resources, and overlapping jurisdictions complicate management decision making in the marine environment. States are developing marine spatial planning capacity to help make better decisions, particularly as demand for ocean space and resources is growing because of emerging human uses (renewable energy, aquaculture) and traditional human uses (commercial fishing, commerce). This paper offers perspectives on marine spatial planning efforts being carried out in four states across the US, and demonstrates similarities and differences between them. The approach to marine spatial planning in each state is discussed with specific attention given to issues such as what is driving the effort, data availability, maturity of the effort, and level of resources devoted to it. Highlighting the similarities and differences illustrates state and region specific challenges and the approaches being used to meet them. (PDF contains 4 pages

Coastal Stormwater Management Through Green Infrastructure: A Handbook for Municipalities

Coastal Stormwater Management through Green Infrastructure: A Handbook for Municipalities (Handbook) is designed to assist coastal municipalities within the Massachusetts Bays Program (MassBays) area to incorporate green infrastructure into their stormwater management planning as they respond to MS4 stormwater permit requirements, review development proposals, and retrofit existing municipal facilities and sites. The MassBays Program can assist those municipalities in using this Handbook to facilitate the use of green infrastructure and address stormwater runoff

Lune, Wyre & Furness Fisheries Advisory Committee 4th July, 1977.

This is the report from the Lune, Wyre and Furness Fisheries Advisory Committee meeting, which was held on the 4th July 1977. The report looks at comments of the Regional Fisheries Officer on the report on specific matters such as different river stretches and water quality. It also includes sea-trout ova and fry propagation and re-stocking programmes carried out and planned in determined rivers: Kent, Leven, Crake, Duddon, Keer and Eea. The Fisheries Advisory Committee was part of the Regional Water Authorities, in this case the North West Water Authority. This preceded the Environment Agency which came into existence in 1996

Soil extracellular enzyme activities correspond with abiotic factors more than fungal community composition

Soil extracellular enzymes are the proximal drivers of decomposition. However, the relative influence of climate, soil nutrients and edaphic factors compared to microbial community composition on extracellular enzyme activities (EEA) is poorly resolved. Determining the relative effects of these factors on soil EEA is critical since changes in climate and microbial species composition may have large impacts on decomposition. We measured EEA from five sites during the growing season in March and 17 sites during the dry season in July throughout southern California and simultaneously collected data on climate, soil nutrients, soil edaphic factors and fungal community composition. The concentration of carbon and nitrogen in the soil and soil pH were most related to hydrolytic EEA. Conversely, oxidative EEA was mostly related to mean annual precipitation. Fungal community composition was not correlated with EEA at the species, genus, family or order levels. The hyphal length of fungi was correlated with EEA during the growing season while relative abundance of taxa within fungal phyla, in particular Chytridiomycota, was correlated with the EEA of beta-glucosidase, cellobiohydrolase, acid phosphatase and beta-xylosidase in the dry season. Overall, in the dry season, 35.3� % of the variation in all enzyme activities was accounted for by abiotic variables, while fungal composition accounted for 27.4� %. Because global change is expected to alter precipitation regimes and increase nitrogen deposition in soils, EEA may be affected, with consequences for decomposition

What\u27s It Worth to Keep a Secret?

This article is the first major study of protection and valuation of trade secrets under federal criminal law. Trade secrecy is more important than ever as an economic complement and substitute for other intellectual property protections, particularly patents. Accordingly, U.S. public policy correctly places a growing emphasis on characterizing the scope of trade secrets, creating incentives for their productive use, and imposing penalties for their theft. Yet amid this complex ecosystem of legal doctrine, economic policy, commercial strategy, and enforcement, there is little research or consensus on how to assign value to trade secrets. One reason for this gap is that intangible assets in general are notoriously difficult to value, and trade secrecy by its opaque nature is ill-suited to the market-signaling mechanisms that offer at least some traction in other forms of valuation. Another reason is that criminal trade secret law is relatively young, and the usual corrective approaches to valuation in civil trade secrecy are not synonymous with the greater distributive concerns of criminal law. To begin to fill this gap, we examine over a decade of trade secret protection and valuation under the U.S. Economic Espionage Act of 1996. From original data on EEA prosecutions, we show that trade secret valuations are lognormally distributed as predicted by Gibrat’s Law, with valuations typically low on the order of $5 million but reaching as high as$250 million. There is no notable difference among estimates from various valuation methods, but a difference between high and low estimates on one hand and the sentencing estimates on the other. These findings suggest that the EEA has not been used to its full capacity, a conclusion buttressed by recent Congressional actions to strengthen the EEA

What's it worth to keep a secret?

This article is the first major study of protection and valuation of trade secrets under federal criminal law. Trade secrecy is more important than ever as an economic complement and substitute for other intellectual property protections, particularly patents. Accordingly, U.S. public policy correctly places a growing emphasis on characterizing the scope of trade secrets, creating incentives for their productive use, and imposing penalties for their theft. Yet amid this complex ecosystem of legal doctrine, economic policy, commercial strategy, and enforcement, there is little research or consensus on how to assign value to trade secrets. One reason for this gap is that intangible assets in general are notoriously difficult to value, and trade secrecy by its opaque nature is ill-suited to the market-signaling mechanisms that offer at least some traction in other forms of valuation. Another reason is that criminal trade secret law is relatively young, and the usual corrective approaches to valuation in civil trade secrecy are not synonymous with the greater distributive concerns of criminal law. To begin to fill this gap, we examine over a decade of trade secret protection and valuation under the U.S. Economic Espionage Act of 1996. From original data on EEA prosecutions, we show that trade secret valuations are lognormally distributed as predicted by Gibrat’s Law, with valuations typically low on the order of $5 million but reaching as high as$250 million. There is no notable difference among estimates from various valuation methods, but a difference between high and low estimates on one hand and the sentencing estimates on the other. These findings suggest that the EEA has not been used to its full capacity, a conclusion buttressed by recent Congressional actions to strengthen the EEA