Pub Date : 2019-06-06DOI: 10.1080/10406026.2019.1622864
P. J. Sajil Kumar, E. James
Abstract Deterioration of groundwater quality is one of the most critical issues in twenty-first century. The direct relations of water with all the living beings make it an extremely important commodity. Sources of pollution may be of natural or anthropogenic origin. Nowadays anthropogenic sources of pollution are much more than natural sources. India has 1083 tanneries, in which 577 are in Tamil Nadu which accounts for 44% of the total production of India. Vellore district has an indispensable place in the list. Over the 30–40 years groundwater around tanneries has become seriously polluted.
{"title":"Assessing the Impact of Leather Industries on Groundwater Quality of Vellore District in South India Using a Geochemical Mixing Model","authors":"P. J. Sajil Kumar, E. James","doi":"10.1080/10406026.2019.1622864","DOIUrl":"https://doi.org/10.1080/10406026.2019.1622864","url":null,"abstract":"Abstract Deterioration of groundwater quality is one of the most critical issues in twenty-first century. The direct relations of water with all the living beings make it an extremely important commodity. Sources of pollution may be of natural or anthropogenic origin. Nowadays anthropogenic sources of pollution are much more than natural sources. India has 1083 tanneries, in which 577 are in Tamil Nadu which accounts for 44% of the total production of India. Vellore district has an indispensable place in the list. Over the 30–40 years groundwater around tanneries has become seriously polluted.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2019.1622864","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45110400","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}
Pub Date : 2019-05-30DOI: 10.1080/10406026.2019.1619265
Javid Manzoor, Manoj Sharma
Abstract This article reviews the impact of biomedical waste on water, soil, air quality, the environment, and human health. Hospitals and nursing homes generate increasing amount of biomedical waste in an unscientific manner. As such, poor waste management practices by these institutions cause exposure to health hazards and actual environmental problems. The issue of biomedical waste identification, handling, and disposal needs to have a heightened review so that better management practices and protocols can be established.
{"title":"Impact of Biomedical Waste on Environment and Human Health","authors":"Javid Manzoor, Manoj Sharma","doi":"10.1080/10406026.2019.1619265","DOIUrl":"https://doi.org/10.1080/10406026.2019.1619265","url":null,"abstract":"Abstract This article reviews the impact of biomedical waste on water, soil, air quality, the environment, and human health. Hospitals and nursing homes generate increasing amount of biomedical waste in an unscientific manner. As such, poor waste management practices by these institutions cause exposure to health hazards and actual environmental problems. The issue of biomedical waste identification, handling, and disposal needs to have a heightened review so that better management practices and protocols can be established.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2019.1619265","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43873779","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}
Pub Date : 2019-04-09DOI: 10.1080/10406026.2019.1585038
Craig Martin, Brian Scarbrough, G. Gillett, Katherine Rosoff
Abstract In 2016, New York became the latest state to interpret insurance policies with prior insurance or non-cumulation of liability clauses as permitting a policyholder to recover damages under “all sums” for long-tail liabilities, including environmental liabilities. But two major questions were left unanswered in New York, as in many other states, when a policyholder seeks all sums recovery from a non-settled insurer after the policyholder settles with other insurers: first, how to account for a policyholder’s prior settlements—through set-off, contribution, or both. Second, how to calculate any set-off or contribution—should it be pro tanto, pro rata, or something else. This article examines the arguments on both sides of these issues and looks ahead to how courts may resolve these questions going forward.
{"title":"Last Insurer Standing: Accounting for Policyholder Settlements in an “All Sums” World","authors":"Craig Martin, Brian Scarbrough, G. Gillett, Katherine Rosoff","doi":"10.1080/10406026.2019.1585038","DOIUrl":"https://doi.org/10.1080/10406026.2019.1585038","url":null,"abstract":"Abstract In 2016, New York became the latest state to interpret insurance policies with prior insurance or non-cumulation of liability clauses as permitting a policyholder to recover damages under “all sums” for long-tail liabilities, including environmental liabilities. But two major questions were left unanswered in New York, as in many other states, when a policyholder seeks all sums recovery from a non-settled insurer after the policyholder settles with other insurers: first, how to account for a policyholder’s prior settlements—through set-off, contribution, or both. Second, how to calculate any set-off or contribution—should it be pro tanto, pro rata, or something else. This article examines the arguments on both sides of these issues and looks ahead to how courts may resolve these questions going forward.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2019.1585038","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42018492","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}
Pub Date : 2019-04-03DOI: 10.1080/10406026.2019.1603442
R. Michaels
Abstract Telecommunication generates electromagnetic fields (EMFs) at radio and microwave frequencies. Transmitters have proliferated with siting of wireless communication networks, often co-located among other transmitters. “Cell” phones also have proliferated, representing small transmitters used in contact with human heads, and stored on human bodies. Telecommunications equipment is ubiquitous, and EMF exposure prolonged, raising the issue of possible health risks. Such risks, if any, must be managed. For example, epidemiology studies reported higher exposure to analog cell phone EMFs among brain cancer patients than among controls, but those risks were “managed” via replacement of analog phones with today’s digital phones, which have not been associated with human cancer. Challenges remain, recently from rodent bioassays that show dose-related association of lifetime exposure to cell-phone-type EMFs with heart schwannomas (cancers of Schwann cells, which insulate nerve cells) in male rats, though not in females. Human cancer risk, if any, remains to be characterized and quantified, which partly will depend upon whether EMFs indeed are non-ionizing as has been assumed, and whether a threshold or non-threshold (genotoxic) mechanism caused the cancers in the male rats. Health concerns have motivated further exposure reduction suggestions, and sometimes opposition to siting transmitters. Credible, objective explication of technical information to primarily non-technical audiences is necessary to support informed public participation and dispassionate weighing of telecommunications risks and benefits in community decision-making. Ultimately, experts and non-experts should adhere to the “precautionary principle,” requiring adoption of reasonably (but not excessively) pessimistic exposure and risk assumptions, whether or not they are likely to materialize.
{"title":"Telecommunications, Electromagnetic Fields, and Human Health","authors":"R. Michaels","doi":"10.1080/10406026.2019.1603442","DOIUrl":"https://doi.org/10.1080/10406026.2019.1603442","url":null,"abstract":"Abstract Telecommunication generates electromagnetic fields (EMFs) at radio and microwave frequencies. Transmitters have proliferated with siting of wireless communication networks, often co-located among other transmitters. “Cell” phones also have proliferated, representing small transmitters used in contact with human heads, and stored on human bodies. Telecommunications equipment is ubiquitous, and EMF exposure prolonged, raising the issue of possible health risks. Such risks, if any, must be managed. For example, epidemiology studies reported higher exposure to analog cell phone EMFs among brain cancer patients than among controls, but those risks were “managed” via replacement of analog phones with today’s digital phones, which have not been associated with human cancer. Challenges remain, recently from rodent bioassays that show dose-related association of lifetime exposure to cell-phone-type EMFs with heart schwannomas (cancers of Schwann cells, which insulate nerve cells) in male rats, though not in females. Human cancer risk, if any, remains to be characterized and quantified, which partly will depend upon whether EMFs indeed are non-ionizing as has been assumed, and whether a threshold or non-threshold (genotoxic) mechanism caused the cancers in the male rats. Health concerns have motivated further exposure reduction suggestions, and sometimes opposition to siting transmitters. Credible, objective explication of technical information to primarily non-technical audiences is necessary to support informed public participation and dispassionate weighing of telecommunications risks and benefits in community decision-making. Ultimately, experts and non-experts should adhere to the “precautionary principle,” requiring adoption of reasonably (but not excessively) pessimistic exposure and risk assumptions, whether or not they are likely to materialize.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2019.1603442","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42162277","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}
Pub Date : 2019-04-01DOI: 10.1080/10406026.2019.1567000
R. Dunford, Stephan Gmur, Melissa K. Lynes, Greg E. Challenger, Michael A. Dunford
Abstract Large oil spills in the United States often result in some natural resource damages (NRD), which arise from injuries to natural resources and losses of their services. We use multiple regression analysis to identify the factors that explain variations in NRD settlements, including: spill amount, whether threatened and endangered species were injured, whether recreation closures occurred, some temporal factors, some geographic factors, and some characteristics of the government agencies pursuing NRD. Then, we use our preferred statistical model to predict the median and confidence interval for the NRD settlement for future oil spills with specified characteristics. Such predictions for future spills will be helpful in determining the appropriate scale for the NRD assessment and for setting aside reserves for settlement.
{"title":"Natural Resource Damages from Oil Spills in the United States","authors":"R. Dunford, Stephan Gmur, Melissa K. Lynes, Greg E. Challenger, Michael A. Dunford","doi":"10.1080/10406026.2019.1567000","DOIUrl":"https://doi.org/10.1080/10406026.2019.1567000","url":null,"abstract":"Abstract Large oil spills in the United States often result in some natural resource damages (NRD), which arise from injuries to natural resources and losses of their services. We use multiple regression analysis to identify the factors that explain variations in NRD settlements, including: spill amount, whether threatened and endangered species were injured, whether recreation closures occurred, some temporal factors, some geographic factors, and some characteristics of the government agencies pursuing NRD. Then, we use our preferred statistical model to predict the median and confidence interval for the NRD settlement for future oil spills with specified characteristics. Such predictions for future spills will be helpful in determining the appropriate scale for the NRD assessment and for setting aside reserves for settlement.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2019.1567000","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42620585","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}
Pub Date : 2019-03-05DOI: 10.1080/10406026.2018.1546469
R. Reagan
Abstract For nearly a decade, Republicans accused Democrats and the Obama Administration of waging a “war on coal” and Democrats has cited economics as the primary cause of the industry’s troubles. Now that President Trump has declared the war on coal to be over, it is time to examine the regulations promulgated during the Obama Administration and their impact on the industry. This article will discuss the coal industry prior to, during, and after the Obama Administration with particular attention to Obama-era regulations that impacted the industry and President Trump’s efforts to repeal and replace the same.
{"title":"The war on coal is over: assessing Obama-era regulations and the Trump Administration’s efforts to date","authors":"R. Reagan","doi":"10.1080/10406026.2018.1546469","DOIUrl":"https://doi.org/10.1080/10406026.2018.1546469","url":null,"abstract":"Abstract For nearly a decade, Republicans accused Democrats and the Obama Administration of waging a “war on coal” and Democrats has cited economics as the primary cause of the industry’s troubles. Now that President Trump has declared the war on coal to be over, it is time to examine the regulations promulgated during the Obama Administration and their impact on the industry. This article will discuss the coal industry prior to, during, and after the Obama Administration with particular attention to Obama-era regulations that impacted the industry and President Trump’s efforts to repeal and replace the same.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2018.1546469","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47154135","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}
Pub Date : 2019-01-11DOI: 10.1080/10406026.2018.1551840
Jocelyn Preston Blier
Abstract Following the 2016 election, the electric vehicle industry will likely face heightened opposition in the coming years. This article focuses on the actions that can be taken at the federal, state, and local levels that are most likely to succeed in driving growth and acceptance of electric vehicles in spite of the current political climate.
{"title":"Promoting electric vehicles in the Trump era: What can feasibly be done to drive electric vehicle purchases in the United States for the next two years in the current political climate","authors":"Jocelyn Preston Blier","doi":"10.1080/10406026.2018.1551840","DOIUrl":"https://doi.org/10.1080/10406026.2018.1551840","url":null,"abstract":"Abstract Following the 2016 election, the electric vehicle industry will likely face heightened opposition in the coming years. This article focuses on the actions that can be taken at the federal, state, and local levels that are most likely to succeed in driving growth and acceptance of electric vehicles in spite of the current political climate.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2018.1551840","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45562133","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}
Pub Date : 2019-01-11DOI: 10.1080/10406026.2018.1546465
Sarah Cinquemani
Abstract The high seas is one of the last remaining commons on the planet, but comprehensive efforts to save this area beyond national jurisdiction have not been successful. This article examines the feasibility of applying the public trust doctrine to the high seas by first evaluating tools that are currently in place to protect biodiversity then analyzing the public trust doctrine in its traditional application in the United States and other countries. With this foundation, the article examines the possibility and methodology of applying the public trust concept to protect the high seas.
{"title":"Can the Public Trust Doctrine Save the High Seas?","authors":"Sarah Cinquemani","doi":"10.1080/10406026.2018.1546465","DOIUrl":"https://doi.org/10.1080/10406026.2018.1546465","url":null,"abstract":"Abstract The high seas is one of the last remaining commons on the planet, but comprehensive efforts to save this area beyond national jurisdiction have not been successful. This article examines the feasibility of applying the public trust doctrine to the high seas by first evaluating tools that are currently in place to protect biodiversity then analyzing the public trust doctrine in its traditional application in the United States and other countries. With this foundation, the article examines the possibility and methodology of applying the public trust concept to protect the high seas.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2018.1546465","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44059192","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}
Pub Date : 2019-01-11DOI: 10.1080/10406026.2018.1547528
Connor Herdic
Abstract There is a longstanding misconception that any overlap between environmental policy and labor rights results in conflict. With the intensifying threat of climate change and the decline of fossil fuel development, international labor and climate groups have collaborated to develop a framework for a just transition to sustainable development that emphasizes social dialog between stakeholders. An increasing number of nations are guided by this framework as each incorporates its own transition model. The United States, however, remains on the sidelines. This article proposes that the U.S. enact recently proposed legislation to transform its energy sector, while also protecting its workers and the environment.
{"title":"The Proposed 100 by 50’ Act: Protecting Collective Bargaining of Workers in a “Just Transition” to a Clean-Energy Future","authors":"Connor Herdic","doi":"10.1080/10406026.2018.1547528","DOIUrl":"https://doi.org/10.1080/10406026.2018.1547528","url":null,"abstract":"Abstract There is a longstanding misconception that any overlap between environmental policy and labor rights results in conflict. With the intensifying threat of climate change and the decline of fossil fuel development, international labor and climate groups have collaborated to develop a framework for a just transition to sustainable development that emphasizes social dialog between stakeholders. An increasing number of nations are guided by this framework as each incorporates its own transition model. The United States, however, remains on the sidelines. This article proposes that the U.S. enact recently proposed legislation to transform its energy sector, while also protecting its workers and the environment.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2018.1547528","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42834208","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}
Pub Date : 2019-01-02DOI: 10.1080/10406026.2018.1546467
Sarah K. Kam
Abstract Shipping remains the only sector in the world not currently subject to any legally binding greenhouse gas emission (“GHG”) reduction measures. If left unregulated, ships may represent over 20% of GHG emissions by 2050. This article examines the possibility of compelling the U.S. Environmental Protection Agency to regulate GHGs from ships under the Act to Prevent Pollution from Ships (the “APPS”), 33 U.S.C. § 1901, et seq. Unfortunately, until there is an international agreement to reduce GHG emissions from ships, as well as amendments to the International Convention for the Prevention of Pollution from Ships and the APPS, a citizen suit under the APPS will not be effective.
{"title":"Compelling the EPA to Regulate GHG Emissions Under the Act to Prevent Pollution From Ships","authors":"Sarah K. Kam","doi":"10.1080/10406026.2018.1546467","DOIUrl":"https://doi.org/10.1080/10406026.2018.1546467","url":null,"abstract":"Abstract Shipping remains the only sector in the world not currently subject to any legally binding greenhouse gas emission (“GHG”) reduction measures. If left unregulated, ships may represent over 20% of GHG emissions by 2050. This article examines the possibility of compelling the U.S. Environmental Protection Agency to regulate GHGs from ships under the Act to Prevent Pollution from Ships (the “APPS”), 33 U.S.C. § 1901, et seq. Unfortunately, until there is an international agreement to reduce GHG emissions from ships, as well as amendments to the International Convention for the Prevention of Pollution from Ships and the APPS, a citizen suit under the APPS will not be effective.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2018.1546467","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47688536","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}
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