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Zoned for Injustice: Moving Beyond Zoning and Market-Based Land Preservation to Address Rural Poverty 不公正的分区:超越分区和以市场为基础的土地保护,解决农村贫困问题
Pub Date : 2014-05-09 DOI: 10.2139/ssrn.2435276
Liz Clark Rinehart
The problem of rural poverty has endured even as many states, particularly Maryland, make significant strides toward preserving rural land. The reason for the disparate levels of success in the two spheres lies in conflicting incentives between preserving rural environments and encouraging development in rural areas. Market-based conservation tools, such as easements, promised to be an improvement over traditional zoning and direct government regulation. While these tools have been successful, they are not entirely divorced from single-use zoning and suffer from single-use zoning’s tendency to isolate and discourage multiple uses of land. This framework is ill-suited to rural areas, where low population densities and vast distances exacerbate rural poverty. A better approach, which Maryland, as a leader in land preservation, could champion, is to allow micro-mixed use on rural areas, provided regulations exist to minimize environmental impact.
尽管许多州,特别是马里兰州,在保护农村土地方面取得了重大进展,但农村贫困问题仍然存在。这两个领域的成功程度不同的原因在于保护农村环境和鼓励农村地区发展之间的激励机制相互矛盾。以市场为基础的保护工具,如地役权,有望改善传统的分区和直接的政府监管。虽然这些工具取得了成功,但它们并没有完全脱离单一用途分区,而且受到单一用途分区倾向于孤立和阻碍土地的多种用途的影响。这一框架不适合农村地区,那里人口密度低,距离遥远,加剧了农村贫困。作为土地保护的领导者,马里兰州可能会支持一种更好的方法,即允许在农村地区进行微混合使用,前提是存在最小化环境影响的法规。
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引用次数: 1
Supra-Regional vs. Regional Regulators in the Water Pollution Mitigation: Optimal Exemption Policies 水污染缓解中的超区域与区域监管:最优豁免政策
Pub Date : 2014-04-28 DOI: 10.2139/ssrn.2430209
François Destandau, A. Rozan, S. Spaeter
Through the Water Framework Directive, the European Commission urges its Mem- ber states to reach a level of "good status" of water for 2015. This level can be different from the regional first-best. Neither the supra-regional regulator (European Commission) nor the regional regulator (Member State) knows perfectly this firstbest. Each region can estimate it thanks to a cost-benefit analysis (CBA). If the estimated first-best is lower than the "good status" level, the region can ask to be exempted from reaching the latter. In this paper, we show that regional regulators do not always invest largely in CBA in optimum, although under-investment increases the probability of being urged to reach the highest level of water quality. Besides, the optimal exemption policy announced by the supra-regional regulator, which depends on the CBA's investment, shall also depend on the local risk preferences and environmental vulnerability. If the exemption policy is uniform across the regions, we obtain that more risk averse and/or more environmentally vulnerable populations invest less in the CBA, contrary to the first intuition. Policy implications are discussed.
通过水框架指令,欧盟委员会敦促其成员国在2015年达到“良好状态”的水水平。这个水平可以不同于区域第一。无论是超区域监管机构(欧盟委员会)还是区域监管机构(成员国)都不完全了解这一点。每个地区都可以通过成本效益分析(CBA)来估算。如果估计的第一最佳低于“良好状态”水平,该地区可以要求豁免达到后者。在本文中,我们表明,尽管投资不足增加了被敦促达到最高水质水平的可能性,但区域监管机构并不总是大量投资于最优的CBA。此外,跨区域监管机构公布的最优豁免政策除了取决于CBA的投资外,还应取决于当地的风险偏好和环境脆弱性。如果豁免政策在各地区是统一的,我们得到风险厌恶和/或环境脆弱的人群对CBA的投资较少,这与第一种直觉相反。讨论了政策影响。
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引用次数: 0
The Struggle Over the Columbia River Gorge: Establishing and Governing the Country’s Largest National Scenic Area 哥伦比亚河峡谷之争:建立和管理美国最大的国家风景区
Pub Date : 2014-02-09 DOI: 10.2139/SSRN.2392887
M. Blumm, N. Baker
This review of the late Kathie Durbin's final book discusses the unlikely enactment of the 1986 Columbia River Gorge National Scenic Area Act and the events leading up to it. The statute's circuitous route through Congress was managed by Oregon's Senator Mark Hatfield, who convinced a skeptical President Reagan to sign the law he essentially opposed. Durbin's account examines both the legislation and the first quarter-century of its implementation. Protecting scenery the 85-mile long, 292,000-acre area with a majority of the land owned by over 50,000 residents required difficult balancing, and Durbin explains the many compromises struck in the legislation and ensuing management by an interstate compact commission and the U.S. Forest Service. The Gorge Commission, through its authority to approve county zoning ordinances in the Scenic Area, fundamentally changed local land use practices. The legislation also directed the Forest Service not only to manage its land to preserve the Gorge's scenery but also gave the agency unprecedented authority to regulate private lands in so-called special management areas, consisting of some 114,000 acres of the area's most environmentally and visually sensitive lands. Durbin's book offers many insights of federal-state and state-local relations that should be of value to other efforts to preserve natural resources in areas dominated by private lands. The book also spotlights a number of controveries involving air quality, treaty fishing rights, dam removal, and efforts to site wind farms, a destination resort, and an Indian casino. Natural resources law would benefit from more case studies such as that provided by Durbin's engaging look at the Columbia River Gorge.
本文回顾了已故的凯西·德宾的最后一本书,讨论了1986年哥伦比亚河峡谷国家风景区法案的不太可能的颁布以及导致它的事件。俄勒冈州参议员马克·哈特菲尔德(Mark Hatfield)促成了这项法令在国会的迂回通过,他说服了持怀疑态度的里根总统签署了这项他本质上反对的法律。德宾的叙述考察了这项立法及其实施的前25年。保护85英里长,29.2万英亩的土地,其中大部分土地由5万多居民拥有,需要艰难的平衡,德宾解释了立法和随后由州际契约委员会和美国林务局管理的许多妥协。峡谷委员会通过其在风景区批准县分区条例的权力,从根本上改变了当地的土地使用惯例。该立法还指示林务局不仅要管理其土地以保护峡谷的风景,而且还赋予该机构前所未有的权力来管理所谓的特殊管理区的私人土地,包括该地区约114,000英亩最环境和视觉敏感的土地。德宾的书提供了许多关于联邦-州和州-地方关系的见解,这些见解对于保护私有土地占主导地位地区的自然资源的其他努力应该是有价值的。这本书还强调了一些争议,包括空气质量,条约捕鱼权,水坝拆除,以及选址风力农场,目的地度假胜地和印度赌场的努力。自然资源法将受益于更多的案例研究,比如德宾对哥伦比亚河峡谷的引人入胜的研究。
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引用次数: 0
Ecosystem Services in Practice: Challenges to Real World Implementation of Ecosystem Services across Multiple Landscapes 实践中的生态系统服务:在多种景观中实现生态系统服务在现实世界中的挑战
Pub Date : 2013-11-20 DOI: 10.2139/ssrn.2873105
M. Portman
Ecosystem services (ES) and ecosystem services assessment (ESA) have become common parlance in the environmental field. Scientists, policy-makers and activists have promoted the ES approach as a means of conveying the extent of threats to natural ecosystems with the goal of crafting socially acceptable and effective policy to address ecological threats and biodiversity conservation. Yet there are some significant challenges to wide acceptance of the ES approach which hinder its absorption into the mainstream geography literature. This paper reviews the historical development of the ES approach focusing on its relevance to applied geography at different stages of its development, describes the present state-of-the-art of ES, and synthesizes the results from several seminal papers and reports. I posit that there are two major stumbling blocks: 1) the difficulty of simplifying complexities between services so that statutory planning processes can incorporate the approach, and 2) the lack of cross-landscape assessment methods and examples. If we focus on the most immediately surmountable challenges to the ES approach much progress could be made in a short time. The subsequent and final substantive section of this review summaries these challenges and offers some suggestions for moving forward.
生态系统服务(ES)和生态系统服务评估(ESA)已成为环境领域的常用术语。科学家、政策制定者和活动人士已经将生态系统方法作为一种传达对自然生态系统的威胁程度的手段,其目标是制定社会可接受的和有效的政策来解决生态威胁和生物多样性保护。然而,ES方法要被广泛接受还面临着一些重大的挑战,这些挑战阻碍了它被主流地理文献所吸收。本文回顾了ES方法的历史发展,重点介绍了其在不同发展阶段与应用地理学的相关性,描述了ES的最新进展,并综合了几篇开创性论文和报告的结果。我认为有两个主要的障碍:1)难以简化服务之间的复杂性,以便法定规划程序可以纳入这种方法;2)缺乏跨景观评估方法和例子。如果我们把重点放在环境评估方法面临的最能立即克服的挑战上,就可以在短时间内取得很大进展。本审查的后续和最后实质性部分总结了这些挑战,并提出了一些前进的建议。
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引用次数: 3
How Much is the Amazon Worth? The State of Knowledge Concerning the Value of Preserving Amazon Rainforests 亚马逊到底值多少钱?关于保护亚马逊雨林价值的知识状况
Pub Date : 2013-10-01 DOI: 10.1596/1813-9450-6668
P. May, B. Soares-Filho, J. Strand
This paper surveys the current state of knowledge concerning the value of the Amazon rainforest, including a survey of work to date to quantify changes in economic values when the rainforest cover changes. The focus is on local and regional impacts of forest loss or protection, including both gross values of forest protection and opportunity costs of converting the forest to other uses including agriculture. Important gross value items surveyed are timber and non-timber product extraction from a sustainably maintained rainforest; local values of eco-tourism; biological resources including bio-prospecting; a range of hydrological impacts including watershed protection, hydropower production, and changes in rainfall patterns; and impacts of forest fires and their control. Mapping such values in geographical space is of high value for implementing efficient and effective (Reducing Emissions from Deforestation and Forest Degradation ) programs for protecting the remaining forest. The current data basis for such mapping is found to be quite weak and in need of improvement for all value elements.
本文调查了关于亚马逊雨林价值的知识现状,包括迄今为止的工作调查,以量化热带雨林覆盖变化时经济价值的变化。重点是森林损失或保护对当地和区域的影响,包括森林保护的总值和将森林转为包括农业在内的其他用途的机会成本。调查的重要总值项目是从可持续维持的雨林中提取的木材和非木材产品;生态旅游的地方价值;生物资源,包括生物勘探;一系列水文影响,包括流域保护、水电生产和降雨模式的变化;以及森林火灾的影响和控制。在地理空间中绘制这些值对于实施有效的(减少毁林和森林退化造成的排放)保护剩余森林的方案具有很高的价值。目前用于这种映射的数据基础相当薄弱,所有价值元素都需要改进。
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引用次数: 13
The Birth, Death, and Afterlife of the Wild Lands Policy: The Evolution of the Bureau of Land Management's Authority to Protect Wilderness Values 荒野政策的生、死、来世:土地管理局保护荒野价值的权力演变
Pub Date : 2013-08-04 DOI: 10.2139/SSRN.2332599
Liv Brumfield
Since the passage of the Federal Land Policy and Management Act (FLPMA) in 1976, the Bureau of Land Management (BLM) has had a troubled relationship with wild lands, the nation’s last remaining places with wilderness characteristics. While for twenty five years BLM recognized wilderness values as a resource it must balance and could stringently protect consistent with the multiple use mandate, in 2003 the agency largely disclaimed that interpretation, potentially imperiling future protection of wild lands yet undesignated as wilderness or wilderness study areas. Since then, the agency has made incremental – but potentially powerful – steps toward reclaiming a view of its authority that could afford more protection for yet-undesignated wild lands. Although BLM’s current policy does not authorize strong “default” protection for wild lands as before, it does direct the agency to survey and consider wild lands in all land plans and project approvals. This article traces the evolution of BLM’s interpretation of its duty and authority under FLPMA to manage lands with wilderness characteristics. The article concludes that, while over time BLM’s view of its responsibility toward yet-undesignated wilderness has narrowed, the recent controversial Wild Lands Policy and ensuing agency guidance re-acknowledge wilderness values as a legitimate FLPMA resource to be protected. It remains to be seen if and how the agency will use its reclaimed authority to meaningfully protect the nation’s remaining vulnerable wild lands.
自从1976年《联邦土地政策和管理法》(FLPMA)通过以来,土地管理局(BLM)与野生土地的关系就一直很紧张,野生土地是美国仅存的具有荒野特征的地方。25年来,土地管理局一直认为荒野是一种资源,它必须平衡并严格按照多种用途授权进行保护,但在2003年,该机构在很大程度上否认了这一解释,这可能危及未来对未被指定为荒野或荒野研究区域的荒地的保护。从那时起,该机构采取了渐进的——但潜在的强大的——步骤,以恢复其权威的观点,可以为尚未指定的野生土地提供更多的保护。虽然BLM目前的政策没有像以前那样授权对荒地进行强有力的“默认”保护,但它确实指示该机构在所有土地规划和项目批准中调查和考虑荒地。本文追溯了BLM在FLPMA下对其管理具有荒野特征的土地的责任和权力的解释的演变。文章的结论是,虽然随着时间的推移,BLM对尚未指定的荒野的责任的看法已经缩小,但最近有争议的荒野政策和随后的机构指导重新承认荒野的价值是FLPMA保护的合法资源。该机构是否以及如何利用其重新获得的权力来有意义地保护美国剩余的脆弱野生土地,还有待观察。
{"title":"The Birth, Death, and Afterlife of the Wild Lands Policy: The Evolution of the Bureau of Land Management's Authority to Protect Wilderness Values","authors":"Liv Brumfield","doi":"10.2139/SSRN.2332599","DOIUrl":"https://doi.org/10.2139/SSRN.2332599","url":null,"abstract":"Since the passage of the Federal Land Policy and Management Act (FLPMA) in 1976, the Bureau of Land Management (BLM) has had a troubled relationship with wild lands, the nation’s last remaining places with wilderness characteristics. While for twenty five years BLM recognized wilderness values as a resource it must balance and could stringently protect consistent with the multiple use mandate, in 2003 the agency largely disclaimed that interpretation, potentially imperiling future protection of wild lands yet undesignated as wilderness or wilderness study areas. Since then, the agency has made incremental – but potentially powerful – steps toward reclaiming a view of its authority that could afford more protection for yet-undesignated wild lands. Although BLM’s current policy does not authorize strong “default” protection for wild lands as before, it does direct the agency to survey and consider wild lands in all land plans and project approvals. This article traces the evolution of BLM’s interpretation of its duty and authority under FLPMA to manage lands with wilderness characteristics. The article concludes that, while over time BLM’s view of its responsibility toward yet-undesignated wilderness has narrowed, the recent controversial Wild Lands Policy and ensuing agency guidance re-acknowledge wilderness values as a legitimate FLPMA resource to be protected. It remains to be seen if and how the agency will use its reclaimed authority to meaningfully protect the nation’s remaining vulnerable wild lands.","PeriodicalId":445990,"journal":{"name":"Protected Lands Law & Policy eJournal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133210023","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}
引用次数: 0
Markets for Development Rights: Lessons Learned from Three Decades of a TDR Program 发展权市场:TDR项目三十年的经验教训
Pub Date : 2012-12-06 DOI: 10.2139/ssrn.2197996
M. Walls
Transferable development rights (TDRs) are a market-based approach to land conservation. They allow the development rights from one property to be transferred to another, with the first “sending�? property placed under a development restriction or conservation easement and the “receiving�? property permitted more dense development than would otherwise be allowed by baseline zoning regulations. This paper summarizes the economics literature on TDRs and describes a long-running program in a county in Maryland, one of the few programs with an active TDR market. It updates previously published results from the program and describes some problems that have arisen in recent years as the program has matured. The paper offers some observations as to why these problems have occurred and suggestions for other communities considering TDR programs.
可转让发展权(tdr)是一种基于市场的土地保护方法。它们允许将一处房产的开发权转让给另一处房产,前者“转让”。受发展限制或保育地役权限制的物业及“接收”?允许比基线分区规定允许的更密集的开发的财产。本文总结了有关TDR的经济学文献,并介绍了马里兰州某县的一个长期项目,该项目是少数几个具有活跃TDR市场的项目之一。它更新了先前发布的程序结果,并描述了近年来随着程序的成熟而出现的一些问题。本文就这些问题发生的原因提出了一些看法,并对其他考虑TDR项目的社区提出了建议。
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引用次数: 1
Challenges to China's Natural Resources Conservation & Biodiversity Legislation 中国自然资源保护与生物多样性立法面临的挑战
Pub Date : 2012-08-21 DOI: 10.2139/SSRN.2133580
Wenxuan Yu, Jason J. Czarnezki
Despite China’s legislative attempts to conserve its natural resources and, in turn, protect biodiversity, Chinese law remains ineffective in pursuit of these goals due to struggles with implementation and enforcement, engendering legislation with economic values rather than ecological ones, and a lack of public participation. This Article provides an overview of Chinese biodiversity and conservation legislation and suggests that China can improve biodiversity legislation through increasing the public role in conservation efforts, increased liability and enforcement, and improved administration coordination.
尽管中国的立法试图保护自然资源,进而保护生物多样性,但由于在实施和执行方面存在困难,产生了具有经济价值而非生态价值的立法,以及缺乏公众参与,中国法律在追求这些目标方面仍然无效。本文概述了中国生物多样性和保护立法的概况,并建议中国可以通过增加公众在保护工作中的作用、增加责任和执法以及改善行政协调来改善生物多样性立法。
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引用次数: 15
Is Ramsar Home Yet? A Critique of South Korean Laws in Light of the Continuing Coastal Wetlands Reclamation 拉姆萨尔回来了吗?从持续的滨海湿地开垦看韩国法律
Pub Date : 2012-05-01 DOI: 10.18215/ENVLP.8..201205.163
Rakhyun E. Kim
One of the ways the clash between economic development and environmental protection in South Korea is manifested is in the country’s policies on coastal land use and reclamation. Even though coastal wetlands are legally considered public property, they have been continuously reclaimed and privatized by the state and its close corporate entities under the Public Waters Reclamation Act of 1962. Since its accession to the Ramsar Convention (the 'Convention'), Korea has been curtailing the privatization of public lands. The country has instituted domestic measures to implement the provisions of the Convention and to follow the principle of sustainable use of wetlands. Coastal law and policy have also gained political prominence since Korea hosted the Tenth Ramsar Conference in 2008. Efforts to uphold the country’s obligations under the Convention and to limit large-scale coastal reclamation projects, however, have not been effective. Over 1,000 square kilometers of coastal wetlands, or thirty percent of the remaining wetlands, are currently being developed. In addition, numerous special development laws, providing loopholes for developers to circumvent limits on land reclamation projects, have been passed.This article reviews South Korea’s legal and institutional landscape and examines the question of whether the Ramsar Convention has been genuinely internalized by the legal system. Domestic laws are insufficient in upholding the principles of the Convention, and government administrators are not committed to upholding them. This article ultimately concludes that Korean law needs to adopt and internalize certain outside norms in order to effectively carry out Korea’s obligations under the Ramsar Convention.
韩国经济发展与环境保护之间的冲突表现在该国的沿海土地利用和填海政策上。尽管沿海湿地在法律上被认为是公共财产,但根据1962年的《公共水域开垦法》,它们不断被国家及其密切的公司实体开垦和私有化。韩国自加入《拉姆萨尔公约》(以下简称《公约》)以来,一直在限制公共土地的民营化。该国制定了国内措施,以执行《公约》的规定,并遵循可持续利用湿地的原则。▷2008年,韩国主办了第10届拉姆萨尔国际会议,海洋法律和政策在政治上也得到了重视。然而,维护该国根据《公约》承担的义务和限制大规模沿海填海工程的努力并没有取得成效。目前正在开发的滨海湿地面积超过1000平方公里,占剩余湿地面积的30%。此外,政府还通过了许多专门的开发法律,为开发商规避土地复垦项目的限制提供了漏洞。本文回顾了韩国的法律和制度格局,并探讨了拉姆萨尔公约是否真正被法律系统内化的问题。国内法不足以维护《公约》的原则,政府行政人员也没有承诺维护这些原则。本文的最终结论是,为了有效履行《拉姆萨尔公约》规定的韩国义务,韩国法律需要采用并内化某些外部规范。
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引用次数: 4
The Illegal Dumping of Waste in Forest Areas - Evidence from Rural Territory 非法倾倒森林废弃物——来自农村地区的证据
Pub Date : 2012-03-15 DOI: 10.5281/ZENODO.19127
A. Lamasanu, F. Mihai
Household waste generated is often uncolleted in rural areas causing various types of pollution like: air and water pollution, soil pollution and the aesthetic degradation of the landscape. The environmental legislation proposed by the European Union was transposed on the national legislation but the implementation process was difficult because of particular situations encountered in practice. Rudimentary infrastructure of waste management and limited access to waste collection services lead to uncontrolled household waste disposal. In this context, the geographical location of rural settlements influences the way of waste disposal either on river banks or open dumps placed on roadsides or forest areas with various environmental implications. Those, forest areas in the proximity of human settlements or recreation areas become vulnerable to waste pollution. Even if local authorities are obliged to provide waste collection facilities since July 16, 2009 the illegal dumping of waste in forests is still present. This situation is reflected by field observations from Suceava and Neamt counties. Usually forest areas affected by uncontrolled waste disposal are located in hilly regions or subcarpathian areas. The degradation of these areas is visible and this can have a negative influence not only on the environment but also on tourism activities.
在农村地区,产生的生活垃圾往往未被收集,造成各种类型的污染,如空气和水污染、土壤污染和景观美学退化。欧洲联盟提出的环境立法是根据国家立法制定的,但由于在实践中遇到的特殊情况,执行过程很困难。废物管理基础设施落后,废物收集服务有限,导致家庭废物处置不受控制。在这方面,农村住区的地理位置影响到在河岸或路边或森林地区的露天垃圾场处置废物的方式,对环境有各种影响。那些靠近人类住区或娱乐区的森林地区容易受到废物污染的影响。即使从2009年7月16日起,地方当局有义务提供废物收集设施,非法倾倒废物在森林中仍然存在。Suceava和Neamt县的实地观察反映了这种情况。受不受控制的废物处置影响的森林地区通常位于丘陵地区或喀尔巴阡山脉以南地区。这些地区的退化是显而易见的,这不仅会对环境产生负面影响,而且会对旅游活动产生负面影响。
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引用次数: 16
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Protected Lands Law & Policy eJournal
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