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The Shale Oil and Gas Revolution, Hydraulic Fracturing, and Water Contamination: A Regulatory Strategy 页岩油气革命、水力压裂和水污染:监管策略
Pub Date : 2013-11-06 DOI: 10.2139/SSRN.2221025
T. Merrill, David M. Schizer
The United States is expected to become the world’s largest oil producer by 2020, overtaking Saudi Arabia, and the world’s top natural gas producer by 2015, surpassing Russia. In the past decade, energy companies have learned to tap previously inaccessible oil and gas in shale with “hydraulic fracturing” (“fracturing” or “fracking”), pumping fluid at high pressure to crack the shale and release gas and oil trapped inside. This “shale revolution” has created millions of jobs, enhanced our energy independence, and reduced U.S. greenhouse gas emissions by substituting natural gas for coal. Even so, fracturing is controversial. It may undercut the renewable energy industry, exacerbate air pollution and congestion, and use significant amounts of water. The most unique risk, which is the focus of this Article, is the potential contamination of groundwater. The fluid used in fracturing contains toxic chemicals. There is little evidence so far that subterranean fracturing can directly contaminate groundwater, and this risk may never materialize. The layer of shale that is fractured is usually thousands of feet below the water table, with a buffer of dense rock or clay in between. But there are other ways in which fracturing might contaminate groundwater, including surface spills of fracturing fluid, improper handling of waste, and the migration of natural gas into water wells. Some of these risks are familiar from decades of conventional oil and gas production, while others are new. In response, this Article proposes a strategy for regulating water contamination from fracturing. For issues that are already well understood, we would rely on best practices regulations. For issues that are unique to fracturing and are not yet well understood, we would rely on liability rules – and, specifically, a hybrid of strict liability and a regulatory compliance defense – to motivate industry to take precautions, develop risk-reducing innovations, and cooperate in the development of best practices regulations. To facilitate more accurate determinations of causation, we recommend information-forcing rules (e.g., requiring energy companies to test water quality before they begin fracturing). We also suggest other design features for the liability system, such as one-way fee shifting and provisions to ensure that defendants will not be judgment proof. To ensure that the regulatory regime draws on existing regulatory expertise and is both dynamic and tailored to local conditions, we recommend keeping the regulatory center of gravity in the states, instead of fashioning a new federal regime.
预计到2020年,美国将超过沙特阿拉伯,成为世界上最大的石油生产国;到2015年,美国将超过俄罗斯,成为世界上最大的天然气生产国。在过去的十年里,能源公司已经学会了利用“水力压裂”(“压裂”或“水力压裂”)来开采页岩中以前无法开采的石油和天然气,即在高压下泵入流体,使页岩破裂,释放出被困在其中的天然气和石油。这场“页岩革命”创造了数以百万计的就业机会,增强了我们的能源独立性,并通过用天然气取代煤炭减少了美国的温室气体排放。即便如此,压裂法仍存在争议。它可能会削弱可再生能源产业,加剧空气污染和拥堵,并使用大量的水。最独特的风险是地下水的潜在污染,这也是本文的重点。用于压裂的液体含有有毒化学物质。到目前为止,几乎没有证据表明地下压裂会直接污染地下水,而且这种风险可能永远不会成为现实。破裂的页岩层通常在地下水位数千英尺以下,中间有致密岩石或粘土的缓冲层。但是,压裂还可能以其他方式污染地下水,包括压裂液的地表泄漏、废物处理不当以及天然气向水井中的运移。其中一些风险是几十年来传统油气生产中常见的,而另一些则是新的风险。针对这一问题,本文提出了治理压裂水体污染的对策。对于已经很好理解的问题,我们将依靠最佳实践法规。对于压裂所特有的、尚未被很好理解的问题,我们将依靠责任规则,特别是严格责任和法规遵从性辩护的混合,来激励行业采取预防措施,开发降低风险的创新,并合作制定最佳实践法规。为了更准确地确定因果关系,我们建议制定信息强制规则(例如,要求能源公司在开始压裂之前测试水质)。我们还建议为责任制度设计其他特征,例如单向费用转移和确保被告不会成为判决证据的规定。为了确保监管制度利用现有的监管专业知识,既动态又适合当地情况,我们建议将监管重心保持在各州,而不是形成一个新的联邦制度。
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引用次数: 40
Indoor Air Quality and Academic Performance 室内空气质素与学习成绩
Pub Date : 2013-10-29 DOI: 10.2139/ssrn.2339850
T. Stafford
I examine the effect of school indoor air quality (IAQ) on academic outcomes. I utilize a quasi-natural experiment, in which IAQ-renovations were completed at virtually every school in a single Texas school district at different points in time, combined with a panel of student-level data to control for many confounding factors and thereby uncover the causal effect of IAQ-renovations on academic outcomes. Results indicate that performance on standardized tests significantly improves while attendance is unresponsive to improvements in IAQ. Rough calculations suggest that IAQ-renovations may be a more cost-effective way to improve standardized test scores than class size reductions.
我研究了学校室内空气质量(IAQ)对学习成绩的影响。我利用了一个准自然实验,在这个实验中,德克萨斯州一个学区的几乎每一所学校都在不同的时间点完成了室内空气质量的改造,并结合一组学生水平的数据来控制许多混杂因素,从而揭示室内空气质量改造对学业成绩的因果关系。结果表明,标准化考试的成绩显著提高,而出勤率对室内空气质量的改善没有反应。粗略的计算表明,与减少班级规模相比,改善室内空气质量可能是提高标准化考试成绩的一种更具成本效益的方式。
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引用次数: 5
The Effect of Environmental Regulation on Plant-Level Product Mix: A Study of EPA's Cluster Rule 环境规制对植物级产品组合的影响:基于EPA集群规则的研究
Pub Date : 2013-10-18 DOI: 10.2139/ssrn.2342179
A. Elrod, A. Malik
This paper examines the effect of the U.S. Environmental Protection Agency's Cluster Rule on the product-mix decisions of plants in the pulp, paper, and paperboard industries. The Cluster Rule combines regulatory requirements from the Clean Air Act and Clean Water Act that are based on plants altering their production processes away from chlorine-based bleaching agents. In addition to, or instead of, altering production processes, plants may plausibly comply with the regulation by reducing output of bleached products or dropping some of these products entirely. Using a difference-in-difference-in-differences approach, we find evidence that plants facing both air and water Cluster Rule regulation (treatment group) are more likely to drop bleached products relative to unbleached products compared to plants facing only air Cluster Rule regulation (control group). Furthermore, we find evidence that plants in the control group alter their product mixes toward bleached products.
本文考察了美国环境保护署的集群规则对纸浆、纸张和纸板行业工厂产品组合决策的影响。集群规则结合了《清洁空气法》和《清洁水法》的监管要求,这些要求是基于工厂改变其生产过程,远离氯基漂白剂。除了或不改变生产流程外,工厂可能会通过减少漂白产品的产量或完全放弃其中一些产品来合理地遵守法规。使用差异中的差异方法,我们发现证据表明,与仅面对空气集群规则调节的植物(对照组)相比,面对空气和水集群规则调节的植物(处理组)更有可能放弃漂白产品,而不是未漂白产品。此外,我们发现的证据表明,植物在对照组改变其产品混合物向漂白产品。
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引用次数: 43
Missing Inaction: Internalizing Beneficial Omissions 缺失的不作为:内化有益的遗漏
Pub Date : 2013-10-10 DOI: 10.2139/ssrn.2338406
Adi Libson
The omission bias has been much discussed in both the legal scholarship and the behavioral scholarship. Scholars have noted that a harm stemming from an omission is preferred over equivalent or lesser harm stemming from action. In this article I would like to highlight a neglected form of omission — a beneficial omission. I argue that an omission bias causes us to downplay social contributions stemming from omissions, even at the policy level. The environmental field is the central arena for beneficial omissions. The legal mechanism I suggest for encouraging beneficial omissions in the environmental field is the negative consumption tax. The negative consumption tax provides a refundable credit to individuals who abstain from a polluting consumption pattern, in contrast to the standard green tax which applies to polluting individuals. In this Article I argue that recognizing and increasing the salience of a contributive omission through a negative consumption tax may have three advantages. First, it may be a more effective mechanism both for internalizing externalities and for enhancing the welfare of the worst-off individuals. Second, it would transform individuals of low socio-economic backgrounds into recognized contributing citizens. Third, it is more likely to gain political currency by passing political-economy barriers.This Article provides three possible applications of the negative consumption tax in the realm of environmental policy: car ownership, air travel, and residential consumption of electricity.
不作为偏见在法律学界和行为学界都有广泛的讨论。学者们注意到,由于不作为而产生的损害比由于作为而产生的同等或较小的损害更可取。在这篇文章中,我想强调一种被忽视的遗漏形式——一种有益的遗漏。我认为,遗漏偏见导致我们低估了遗漏所产生的社会贡献,即使是在政策层面。环境领域是有益省略的中心舞台。我建议在环境领域鼓励有益的遗漏的法律机制是负消费税。与适用于污染个人的标准环保税不同,负消费税为放弃污染消费模式的个人提供可退还的抵免。在本文中,我认为通过负消费税来认识和增加贡献性遗漏的重要性可能有三个好处。首先,对于外部性内部化和提高最贫困个人的福利而言,它可能是一种更有效的机制。第二,它将把社会经济背景较低的个人转变为公认的有贡献的公民。第三,它更有可能通过跨越政治经济障碍而获得政治货币。本文提供了负消费税在环境政策领域的三种可能应用:汽车所有权、航空旅行和住宅用电。
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引用次数: 1
Can Property Values Capture Changes in Environmental Health Risks? Evidence from a Stated Preference Study in Italy and the UK 财产价值能反映环境健康风险的变化吗?来自意大利和英国的一项声明偏好研究的证据
Pub Date : 2013-08-29 DOI: 10.2139/ssrn.2317904
Dennis Guignet, A. Alberini
Hedonic property value models are often used to place a value on localized amenities and disamenities. In practice, however, results may be affected by (i) omitted variable bias and (ii) whether homebuyers and sellers are aware of, and respond to, the assumed environmental measure. In this paper we undertake an alternative stated preference (SP) approach that eliminates the potential for unobserved confounders and where the measure of environmental quality is explicitly presented to respondents. We examine how homeowners in the United Kingdom and Italy value mortality risk reductions by asking them to choose among hypothetical variants of their home that differ in terms of mortality risks from air pollution and price. To our knowledge this is the first stated preference study examining respondents’ willingness to pay for properties using a quantitative and clearly specified measure of health risks. We find that Italian homeowners hold a value of a statistical life (VSL) of about €6.4 million, but UK homeowners tend to hold a much lower VSL (€2.1 million). This may be due to the fact that respondents in the UK do not perceive air pollution where they live to be as threatening, and actually live in cities with relatively low air pollution levels. Exploiting part of our experimental design, we find that Italian homeowners value a reduction in the risk of dying from cancer more than from other causes, but UK respondents do not hold such a premium. We also find that those who face higher baseline risks, due to higher air pollution levels where they live, hold a higher VSL, especially in the UK. In both countries, the VSL is twice as large among individuals who perceive air pollution where they live as relatively high.
享乐属性价值模型通常用于对局部的舒适和不舒适进行评估。然而,在实践中,结果可能会受到(i)遗漏的变量偏差和(ii)购房者和卖家是否意识到并响应假设的环境措施的影响。在本文中,我们采用另一种声明偏好(SP)方法,消除了未观察到的混杂因素的可能性,并将环境质量的测量明确地呈现给受访者。我们通过要求英国和意大利的房主在空气污染和价格方面的死亡风险不同的假设变体中进行选择,研究了他们如何评估降低死亡风险的价值。据我们所知,这是第一个使用定量和明确规定的健康风险措施来检查受访者支付房产意愿的明确偏好研究。我们发现意大利房主持有的统计寿命价值(VSL)约为640万欧元,但英国房主往往持有的VSL要低得多(210万欧元)。这可能是因为英国的受访者并不认为他们居住的地方的空气污染有威胁,实际上他们生活在空气污染水平相对较低的城市。利用我们的部分实验设计,我们发现意大利的房主更看重减少死于癌症的风险,而不是其他原因,但英国的受访者没有这样的溢价。我们还发现,那些面临较高基线风险的人,由于他们居住的地方空气污染水平较高,他们的VSL也较高,尤其是在英国。在这两个国家,认为自己居住的地方空气污染相对较高的人的VSL是前者的两倍。
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引用次数: 0
Environmental Regulation of Upstream Sector of Oil and Gas Industry 油气上游行业环境规制
Pub Date : 2013-08-14 DOI: 10.2139/SSRN.2486551
Patson W. Arinaitwe
The extraction of hydrocarbons is an inherently hazardous activity with potential grave risks to the general environment. Environmental woes occur during all the stages of oil and gas cycle but more notable during the upstream stage of operations. The upstream stage involves exploration, appraisals and production. This stage is accompanied by a range of environmental issues like accidental spills and blow out during development stage, operational discharge and atmospheric emissions like gas flaring during production stage. Major incidents like Ecuador rain forest pollution, Piper alpha offshore disaster (1988), gas flaring in Nigeria, Montara accident (2009) and macondo blowout (2010) are but a few examples. This paper evaluates different approaches employed by governments to minimise the risk of upstream operations on the environment. The evaluation will also show how these approaches work and criticisms levied and offer an opinion on what the writer considers the best approach. It is the author's hypothesis that a combination or two or more approaches could be the best option depending on the host country's legal framework.
碳氢化合物的开采本身就是一项危险的活动,对一般环境具有潜在的严重风险。环境问题发生在油气循环的各个阶段,但在上游作业阶段更为明显。上游阶段包括勘探、评价和生产。这一阶段还伴随着一系列环境问题,如开发阶段的意外泄漏和吹出,生产阶段的操作排放和大气排放,如天然气燃烧。厄瓜多尔雨林污染、Piper alpha海上灾难(1988年)、尼日利亚天然气燃烧、蒙塔拉事故(2009年)和马孔多井喷(2010年)等重大事件只是其中的几个例子。本文评估了各国政府为尽量减少上游作业对环境的风险而采用的不同方法。评估还将显示这些方法是如何工作的,并提出批评,并就作者认为最好的方法提出意见。作者的假设是,根据东道国的法律框架,一种或两种或两种以上方法的组合可能是最佳选择。
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引用次数: 2
Anti-Monopoly and the Radical Lockean Origins of Western Water Law 反垄断与西方水法的洛克式激进渊源
Pub Date : 2013-07-29 DOI: 10.2139/SSRN.2302848
M. Blumm
This review of David Schorr's book, The Colorado Doctrine: Water Rights, Corporations, and Distributive Justice on the American Frontier, maintains that the book is a therapeutic corrective to the standard history of the origins of western water law as celebration of economic efficiency and wealth maximization. Schorr's account convincingly contends that the roots of prior appropriation water law -- the "Colorado Doctrine" -- lie in distributional justice concerns, not in the supposed efficiency advantages of private property over common property. The goals of the founders of the Colorado doctrine, according to Schorr, were to advance Radical Lockean principles such as widespread distibution of water to current settlers and avoiding monopolization of the resource by large landowners and corporate speculators. The book explains how western water law doctrines like the abolition of riparian rights, beneficial use as the basis and measure of water rights, the sufficiency principle, the no-injury rule limiting the transferability of rights, and public ownership of water all served these Radical Lockean goals. Schorr generally downplays the significance of temporal priority, thought by many to be the hallmark of western water law, and he explains the early Colorado courts surprising and consistent favoring of small-scale farmers over large-scale corporations like ditch companies. Schorr also attempts to draw lessons from his careful and detailed history of the rise of prior appropriation law for contemporary concerns like allocating the burdens of climate-change pollution control. Although he overlooks a few matters -- like the motive underlying the rejection of riparian rights as an anti-federal government doctrine and the failure of the founders of the Colorado doctrine to grant limited terms instead of perpetual rights in water -- and his assumption that public property will inevitably be distributed to the wealthy and the well-organized might be questioned -- this book is law and history at its finest and should be read by all serious natural resources and property law teachers and scholars.
这篇对David Schorr的书《科罗拉多主义:美国边境的水权、公司和分配正义》的评论认为,这本书是对西方水法起源的标准历史的治疗性纠正,它是对经济效率和财富最大化的庆祝。肖尔的论述令人信服地认为,优先占有水法——“科罗拉多主义”——的根源在于分配正义问题,而不是所谓的私有财产相对于公共财产的效率优势。根据肖尔的说法,科罗拉多主义创始人的目标是推进激进的洛克原则,比如向当前的定居者广泛分配水,避免大土地所有者和企业投机者垄断资源。这本书解释了西方水法理论是如何为这些激进的洛克式目标服务的,比如废除河岸权、将水权的有益使用作为水权的基础和衡量标准、充分性原则、限制权利可转让的不损害规则以及水的公共所有权。Schorr通常淡化了时间优先权的重要性,许多人认为这是西方水法的标志,他解释说,早期科罗拉多州法院出人意料地一贯支持小农,而不是像沟渠公司这样的大型公司。Schorr还试图从他对诸如分配气候变化污染控制负担等当代问题的优先拨款法兴起的仔细而详细的历史中吸取教训。虽然他忽略了几个重要的——就像背后的动机拒绝河岸权作为anti-federal政府主义和科罗拉多学说的创始人的失败给予有限的条款,而不是永久的权利在水中,他假设公共财产不可避免地会分发给富人和组织可能会质疑,这本书是最出色的法律和历史,应该读所有严重的自然资源和财产法律教师和学者。
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引用次数: 0
Modelling Non Gaussianity of Oil Price Returns 石油价格收益的非高斯性建模
Pub Date : 2013-07-18 DOI: 10.2139/ssrn.2295582
I. Mauleón
Non Gaussian densities suitable for multivariate generalizations are fitted to daily oil price returns. The absolute and comparative goodness of fit of the several estimated models, is assessed with descriptive and formal methods. A new statistical density forecast test is introduced for that purpose. Extensive descriptive and statistical analysis of the estimated models show that an asymmetric Student' t, with the EGARCH conditional variance model yields a remarkable good fit. The parameters of this density are also stable over several subsamples, while the remaining model parameters are not.
适合多元推广的非高斯密度拟合每日石油价格回报。用描述性和形式化方法对几种估计模型的绝对拟合优度和比较拟合优度进行了评估。为此,介绍了一种新的统计密度预测试验。对估计模型进行广泛的描述和统计分析表明,不对称的Student' t与EGARCH条件方差模型具有显著的良好拟合。该密度的参数在几个子样本上也是稳定的,而其余的模型参数则不是。
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引用次数: 0
Ship Inspections in Invasive Species Management: Alternate Regimes and Their Properties 入侵物种管理中的船舶检查:替代制度及其性质
Pub Date : 2013-06-28 DOI: 10.2139/ssrn.2286903
A. Batabyal, H. Beladi
When it comes to inspections in invasive species management, the literature has shown that there is frequently a tension between economic cost reduction and inspection stringency. As such, we analyze the properties of two probabilistic inspection regimes that are designed to screen arriving ships in a seaport for the presence of one or more deleterious invasive species. In the first regime, the seaport inspector screens arriving ships by using fast (less stringent) and slow (more stringent) protocols. In the second regime, the inspector uses a uniformly stringent protocol with stages. We use the theory of continuous time Markov chains (CTMCs) to delineate both inspection regimes. Next, we derive some key long run performance measures associated with each of these two regimes. Finally, we discuss the implications of our analysis for practical invasive species management.
当涉及到入侵物种管理的检查时,文献表明在经济成本降低和检查严格性之间经常存在紧张关系。因此,我们分析了两种概率检查制度的性质,这两种检查制度旨在筛选海港到达的船舶是否存在一种或多种有害入侵物种。在第一种制度中,海港检查员通过使用快速(不太严格)和慢速(更严格)协议来筛选抵达的船只。在第二种制度中,检查员使用统一严格的分阶段协议。我们使用连续时间马尔可夫链(CTMCs)理论来描述这两种检查制度。接下来,我们将推导出与这两种制度相关的一些关键的长期绩效指标。最后,我们讨论了我们的分析对实际入侵物种管理的意义。
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引用次数: 1
The Application of Intersectoral Input-Output Model for Water Consumption and Air Pollution in Russia 跨部门投入产出模型在俄罗斯水资源消耗和空气污染中的应用
Pub Date : 2013-05-05 DOI: 10.2139/ssrn.2260915
E. Yakovleva, O. Kudryavtseva
The purpose of this paper is analyzing of intersectoral material flows in Russian economy by means of input-output approach that is necessary for National Green Accounts (air pollution and water consumption were under consideration). The special attention was paid to the embodied or “virtual�? water (water that is “accumulated�? in the production of sectors in the course of manufacturing process, or “ecological rucksack�?). Sectors exporting their production were under consideration: oil-and-gas industry, ferrous and nonferrous metallurgy, wood, pulp-and-paper. The first aim was to estimate the amount of “exported�? water which is “embodied�? in production. The second aim was to analyze intersectional allocation of air pollution for Russian economy (SO2 is an example), to indicate the main polluting sectors paying attention to direct and indirect pollution in each sector of economy and to trace some recent changes in eco-efficiency.
本文的目的是通过投入产出方法分析俄罗斯经济中的部门间物质流动,这是国民绿色核算所必需的(正在考虑空气污染和水消耗)。特别注意的是具体的或“虚拟的”?水(“积聚”的水)?在生产环节的制造过程中,或称“生态背包”。正在考虑出口其产品的部门:石油和天然气工业、黑色金属和有色金属冶金、木材、纸浆和纸张。第一个目标是估计“出口”的数量。被“具体化”的水?在生产中。第二个目的是分析俄罗斯经济中空气污染的交叉分配(SO2是一个例子),指出每个经济部门中关注直接和间接污染的主要污染部门,并追踪生态效率的一些近期变化。
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引用次数: 1
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