Local environmental management—can it work? A case study of the Virginia Wetlands Act

Abstract

The Virginia Wetlands Act of 1972 provides the localities of Tidewater Virginia an opportunity to participate in the management of the state's coastal wetlands resources. This study attempts to analyze the effectiveness of this legislation and to examine the implications of a local management scheme for coastal resource management on a broader scale. Criteria are also established that can be used to evaluate the effectiveness of such a law. When examined in the light of these criteria, the Virginia Wetlands Act emerges, for the most part, as an effective piece of environmental quality legislation that has had a significant impact on wetlands destruction in the state of Virginia. During the two‐year period following the passage of the Act, wetlands losses through the permitting process showed an 18‐fold decrease from previous estimates. The Wetlands Act appears to have been generally accepted by the public and has resulted in consistently uniform decisions, which have reduced wetlands losses without unduly restricting the necessary and legitimate development of the state's wetlands.     

Federal consistency and state expectations

Abstract

The requirement in the Coastal Zone Management Act of 1972 that federal projects be consistent with approved state coastal zone management programs is an important incentive for states to complete their programs. As a condition of program approval, states must first consult with the federal agencies concerned and provide opportunities for comment, with the hope of avoiding conflicts. The consistency requirement is also subject to various exceptions whose scope remains to be determined. One such exception of uncertain extent is the exclusion from the coastal zone of federal lands “the use of which is subject solely to the sole discretion ... of the Federal Government....”; Despite these uncertainties, however, the consistency provision represents a major change in federal policy, which has traditionally allowed federal agencies to operate largely without concern for state land or water use requirements.     

Watergate village: A case study of a permit application for a marina submitted to the U.S. army corps of engineers

Abstract

Abstract This case study, prepared by an interdisciplinary group of several scientists and planners and a lawyer, reviews the handling by the decision process of an application to the Baltimore District Corps of Engineers for permission to construct a marina. The study determines that while the project in question may not present a significant environmental threat, the project when considered in conjunction with other pending projects on the same subtributary would contribute to boat congestion and degradation of water quality. Changes in the decision process are suggested which would facilitate consideration of the cumulative impacts from a series of coastal alterations.     

Noaa's civil penalty policy: Time for a change

Abstract

This article explores the lack of uniform penalty assessment in the National Oceanic and Atmospheric Administration's (NOAA) civil penalty policy under the Fishery Conservation and Management Act (the Magnuson Act). The author sugests that NOAA's inconsistent penalty assessment invites noncompliance by fishers because they view the penalties as unfair and arbitrary. In particular, deterrence is undermined by the absence of a provision that removes the economic benefits of noncompliance. NOAA's policy is contrasted with the Environmental Protection Agency's (EPA) civil penalty policy, which uniformly assesses penalties while tailoring the penalty to the individual facts of the case and effectively removing the economic incentives of noncompliance. If NOAA implemented a policy similar to EPA's, NOAA would secure increased Magnuson Act compliance and higher penalty amounts.     

The dredging dilemma: Economic development and environmental protection in Oakland Harbor

Abstract

Seaport expansion often generates tensions between the national interest in efficient transport and local interests in water quality and habitat preservation. The governing American permitting system, however, establishes an extraordinarily cumbersome, legalistic, and costly method for balancing environmental and economic considerations. A case study of the Port of Oakland illustrates the tendency. For four years, plans to find an environmentally acceptable site for dredged material have been stymied by a sequence of inconclusive regulatory and judicial proceedings. Meanwhile, large container ships can enter and leave Oakland harbor only at high tide, and not fully loaded. Despite the absence of any authoritative determination concerning environmental risks, the port was compelled to accede to progressively more expensive disposal methods. Such “adversarial legalism”; is not unique to the Oakland harbor case, but recurs in other policy spheres. It stems from a governmental structure that fragments decision‐making power among many agencies, that constrains regulatory discretion with legal demands for scientific certainty, and that by allowing agency decisions to be challenged readily in court, encourages legalistic defensiveness and extortion rather than compromise. The article concludes with a discussion of the conditions under which regional planning bodies might overcome these centrifugal tendencies.     

Examining stakeholder participation and conflicts associated with large scale infrastructure projects: the case of Tema port expansion project,Ghana

ABSTRACT

Balancing economic activities with socio-environmental considerations has become a global standard for the construction of large scale infrastructure projects, including ports. In this discourse, stakeholder participation and environmental and social impact assessment (ESIA) have been stressed as important tools that can help port managers to co-create values, avoid conflicts and promote inclusive growth. Drawing on qualitative research tools and stakeholder theory, this paper explores whether and to what extent local stakeholders’ inclusion has substantial influence on addressing their socio-cultural concerns and interest. This is illustrated with a case study of an ongoing port expansion project at Ghana’s largest port of Tema. The findings suggest that although the port authority conducted an ESIA and engaged local stakeholders as part of the planning process, this did not translate into preventing the loss of valuable cultural resources of the local communities. The port authority did not place ‘value’ on cultural resources of the local communities that cannot be expressed in monetary terms. Further, lack of good faith engagement with local stakeholders led to conflicts in some cases that triggered a court action and delays. The paper concludes that stakeholder participation if not applied well, can become a ‘post-political’ tool.     

A three-dimensional risk management model of port logistics for hazardous goods

ABSTRACT

Ports are the distribution centers of hazardous goods in the global transportation system. Once hazardous goods accidents occur in ports, they may cause catastrophic losses to humans and the environment. This research investigates the port logistics risks of hazardous goods and provides an overview of port logistics regarding hazardous goods risks. With this investigation, we conducted a detailed analysis of the underlying causes of the port logistics accidents related to hazardous goods. To manage these risks, this article proposes a three-dimensional risk management model that includes human, governance and goods and provides a risk level identification framework for port hazardous goods logistics. Applying the three-dimensional risk management model, we use the Tianjin port explosion as a case study. Finally, we provide several potential preventative measures to prevent such accidents. The findings of this article contribute to the implementation and monitoring of port strategies that will allow for more sustainable and secure development.     

The visual effects of port redevelopment alternatives

Abstract

In the early 1970s, Seattle Piers 90/91 were declared surplus federal property by the GSA. These obsolescent half‐mile‐long piers and their adjacent uplands were purchased by the Port of Seattle for redevelopment. This urban waterfront site of almost 200 acres presents the Port of Seattle with a number of severe planning problems. While it is the last large deep‐water site on Elliott Bay, it is also in a very sensitive location, since it is overlooked on two sides by vocal residential communities with a history of active intervention in development projects on visual and other environmental grounds.

At Piers 90/91, public concerns over the visual effects of port redevelopment include:

1. nuisance effects of night‐operations lighting on adjacent hillside residences;

2. nighttime obstruction of distant views due to increased foreground illumination;

3. day and night view obstruction by tall structures such as container‐handling cranes;

4. alteration of the character of both day and nighttime views by new port facilities.

As part of a program to study the effects of alternative redevelopment strategies for Piers 90/91, the Port has undertaken a through examination of the visual effects of different uses, their visual appropriateness, and the ways by which adverse visual effects can be mitigated. The results were incorporated into an environmental impact statement which documented compliance with the Seattle Shoreline Master Program and with view protection and glare provisions of the City's S.E.P.A. guidelines.

A systematic Visual Resource Management (VRM) approach was successfully employed on this coastal zone project. Major elements included visibility mapping, key view selection, analysis of existing visual character, simulation of alternatives, assessment of relative visual compatibility, and determination of effective mitigation measures. Community involvement has also been a critical element in this approach to assessing and managing the visual effects of redevelopment in a major urban port.     

Noaa's marine sanctuary program

Abstract

Authority to designate marine sanctuaries was established by Title III of the Marine Protection, Research, and Sanctuaries Act of 1972. One may view this authority as the ocean water counterpart to our National Parks and Seashores. Contained herein is a discussion of the components of the Title and how the National Oceanic and Atmospheric Administration (NOAA) plans to carry out the program. Nominations received to date are briefly discussed.     

Regional fishery management councils: The federal perspective

Abstract

Under the Magnuson Fishery Conservation and Management Act of 1976, the federal government cooperates with states, the fishing industry, and public constituencies to regulate fisheries. This paper notes changes in U.S. fisheries over the last decade, remarks on the effectiveness of the Act, and makes suggestions for an improved fishery management process.     

Inclusionary housing in the California coastal zone

Abstract

This article evaluates the performance of the California Coastal Commission's inclusionary housing program by examining: (1) the scope of the housing regulations, (2) initial permit decisions on residential projects, (3) the disposition of these permits overtime, and (4) the composition of completed projects and a best‐case projection of possible project completions. Using a case study of Southern California, factors affecting program success are discussed, including the effects of the various regulations, the availability of project subsidies, local government permit policies, and housing market fluctuations. The authors conclude that such state regulatory programs cannot be expected to succeed in urbanized coastal areas without incentives for developers and augmented state agency authority, superseding local land use controls.     

Policy and culture: The bristol bay case

Abstract

This paper deals with the difficulties of implementing legislation in non‐Western social and cultural contexts. The author presents an abbreviated case study of Alaska's effort to increase the economic returns of resident fishermen by restricting entry into state‐controlled fisheries. This paper examines how the implicit objectives of Alaska's Limited Entry Act of 1973 were effectively obstructed by the regulatory policy and by the implementation process. The paper focuses on the impact of this policy on Native Americans of Bristol Bay, Alaska, the site of the largest commercial fishery in Alaska and the world's largest salmon runs. Presented are some of the reasons several hundred natives were ultimately excluded from participating in the local commercial fishery.     

An integrated framework for carbon footprinting at container seaports: the case study of a Chinese port

The objective of this research is to establish an integrated framework for carbon footprinting (CF) at container seaports (CSs). Three methodological approaches are used in this research: the multiple case study to choose suitable evaluation methods, the case study for verification of the proposed framework, and the quantitative method to calculate the emissions. The proposed integrated framework consists of five modules: policy components, sources structure, input data, emissions estimation and mitigation strategies. The effectiveness of the integrated framework is demonstrated through the practical application in Qingdao Port in China. The case study results in the detailed estimation of CO₂ emissions and detects the problem of data collection and data accuracy for CF and the necessity of stakeholders’ cooperation. The integrated framework serves to evaluate, analyze and control CO₂ emissions from the CS operations.     

Environmental assessment in the Prc: Third phase of the Qinhuangdao coal port

Abstract

The use of environmental impact assessment (EIA) is relatively recent in the People's Republic of China (PRC). China is committed to a reversal of the environmental degradation resulting from its industrialization and the central government has initiated a requirement for environmental planning and assessment for large development projects. Today large scale harbor developments are subject to the requirements of the National Environmental Protection Law (1979) and the Marine Environmental Law (1982). Because the third phase expansion of the coal port of Qinhuangdao would increase the ports’ capacity to handle coal by 30 to 50 million tons, an EIA was required.

Since 1981, the Environment and Policy Institute of the East‐West Center (EWC), Honolulu, has had a program of research focusing on the environmental impacts of coal transportation. On the basis of workshops in China that centered on the problems associated with planning coal transportation projects, the Ministry of Communications of the PRC invited the EWC to participate in the environmental assessment for the third phase coal port expansion at Qinhuangdao. A 10‐member team with specialities in environmental assessment and port environmental problems from five countries representing the EWC worked with a 25‐member team from four different agencies of the PRC Ministry of Communications.

This article describes the environmental regulations in the PRC that affect this harbor expansion, discusses the process by which the EWC assisted the PRC in the preparation of the environmental assessment and evaluates the assessment product against PRC regulations and U.S. standards. The most important contribution of the EWC was the provision of guidelines adapted from the EIA experience in several countries which will assist the PRC in the environmental evaluation of future pon expansion projects.     

Tragedy of the San Francisco bay commons

Abstract

Although the early efforts to save San Francisco Bay in the 1960's provided the role model for protection of California's 1100 mile ocean coastline, neither Proposition 20 of 1972 nor the California Coastal Act of 1976 provided any benefits to San Francisco Bay. One result is that the Bay is locked into its urban, shoreline‐use dominated plan of 1969 while every other estuary and coastal wetland in California receives much stronger protection of its resources. Furthermore, due to the complexity of California's water laws, there is no instream flow protection for receiving waters such as San Francisco Bay. This is particularly critical considering that 70% of the Bay's freshwater inflow has been diverted. The Bay's present decline as the largest and most important estuary on the West Coast, as well as its possible death as an estuary, may be irreversible. The problem requires the immediate attention of engineering, scientific, economic and legal disciplines if San Francisco Bay is to be saved.     

Designing Coastal Management Strategies for Populations with Distinct Needs: The Case of Learning Disabilities

The Disability Discrimination Act (1995, amended 2005), Equality Act (2010 Equality Act. 2010. Equality Act. http://www.legislation.gov.uk/ukpga/2010/15/contents#openingWholeMod (accessed May 17, 2012) [Google Scholar]), EU Disability Action Plan (2003 –2010), and EU Disability Strategy (2010–2020) were designed to make equal opportunities a “reality.” As 16% of the EU population, is statutorily disabled there are considerable implications for beach management. Research examples of beach users include swimmers, anglers, etc. - but rarely people with learning disabilities (LD). This paper considered beach users with LD and their appreciation of three different coastal classifications in South Wales. Because of their disabilities, the research applied a participatory photo interpretation methodology (photovoice). A comparison of the LD ranking of beach issues was made with rankings provided by the general public at the same beaches. Results demonstrated some similarities between LD and general public coastal needs, but identified the need for specific considerations to be made by beach managers for LD users, including informed self-advocacy, use/application of signage, instructive access and a requirement for baseline information gathering. The research proposes an integrated coastal access model from which coastal management/gatekeepers can consider LD needs within coastal strategies. Finally, findings highlight the use of photovoice in coastal research projects and the need for innovative methodological considerations when researching certain groups.     

Environmental improvement on Narragansett Bay as a result of section 312 implementation of the Federal Water Pollution Control Act

Abstract

Section 312 of the Clean Waters Act was implemented in 1980 and requires all vessels including recreational boats already equipped with Marine Heads (toilets) to install one of three types of USCG approved Marine Sanitation Devices. These regulations govern all lakes and coastal waters extending to the end of the U.S. territorial sea and is intended to prevent untreated effluent from reaching the marine environment. As provisions of the Clean Water Act are exempt from provisions of the National Environmental Policy Act, no Environmental Impact Statement was written concerning the impacts to the marine environment and the cost to the boating public. The study based on a small survey conducted on Narragansett Bay during the summer of 1980 develops several empirical models to estimate the total costs of MSD conversions. These estimates assume that all recreational boats longer than 21 feet were to comply with Section 312 regulations. Biological Oxygen Demand generated waste by both the resident and visiting fleets have also been estimated and costs per lbs. of BOD equivalent made. Based on these estimates the quantity of waste prevented from entering the receiving waters equals that of a community with less than 700 people. The capital investments of on‐board treatment approximates 30 ¢/gallon, nearly 1000 times the cost of treating municipal waste.     

Fisheries Governance Affecting Conservation Outcomes in the United States and European Union

Abstract

Fisheries management in the USA, as governed by the Magnuson–Stevens Fishery Conservation and Management Act (MSA), has been decidedly more successful at meeting its conservation goals than has fisheries management in the EU, as governed by the Common Fisheries Policy (CFP). In an effort to explain the different outcomes in these two systems that share many management attributes, we evaluated them against a list of effective governance attributes gleaned from the literature. We also examined the distribution of rights and responsibilities within each system, and the resulting stewardship incentives. Five effective governance attributes are fully realized under the MSA but have historically been absent from the CFP system: adequate regulatory authority, effective enforcement mechanisms, science-based decision-making, conservation-oriented goals and clear objectives, and directives. These governance system gaps, along with uneven distributions of rights, responsibilities, and incentives, may be responsible for the observed difference in conservation outcomes.     

Model coastal zone statute

Abstract

This model statute sets out a mechanism for the management of the coastal zone by the coastal states. It provides a possible state response to the Coastal Zone Management Act of 1972. The authors recognize that most states presently have some form of management or legal control over their coastal zone, and the model statute has been written with the intention that all or parts of it could be adapted to the wide variety of state regulatory schemes with the aim of providing unitary management to the valuable resource of the coastal zone.     

Coastal energy impact mitigation in the Gulf: The past reviewed and alternatives for the future

Abstract

With the future of the Coastal Energy Impact Program (CEIP) in question and with oil and gas leasing and drilling activities in the Gulf of Mexico expected to increase, the question arises as to how energy impacts are to be mitigated. It is concluded that CEIP has helped to mitigate coastal energy impacts. If it is left unfunded, an alternative would be to provide Outer Continental Shelf (OCS) royalties to states to be used for impact prevention and mitigation.