O licenciamento ambiental pelos municípios: uma análise sobre o federalismo cooperativo adotado pela Constituição Federal

In complex federal systems as that found in Brazil, which provides simultaneous attributions to of the Union, States and Cities in many aspects, the definition of performance limits of each of these entities, in procedural or material aspect, generates many (positive and/or negative) competence conflicts, bringing insecurity to general administered. Environmental licensing is one of the most important instruments of environmental management, seeking the realization of the fundamental right to an ecologically balanced and sustainable development. Despite its importance, the environmental licensing has not been more effective due the conflict related to the authority to regulate regardind environmental law. This essay will analyze the structure of competence distribution for conducting the environmental licensing processes, the conflict between laws, the performance of the municipal environmental agencies, the cooperation between the licensing agencies and the future about the additional regulatory law of article 23 of Federal Constitution

Diagnóstico para implantação do sistema de gestão ambiental em postos revendedores de combustíveis no município de Paranamirim RN: um estudo de caso

natural resources that still enjoy, in the certainty that if we do not, could culminate at the end of that remains. The environmental contamination by fuels in the retail service of oil and biofuels, has been a subject of growing research in Brazil, due to the large pollution potential of this activity. The aim of this study was to evaluate the importance of implementing the Environmental Management System (EMS) in fuel retail service stations in the city of Parnamirim-RN, but also describe the current situation the same as licensing and environmental characterization; identify existing barriers to implementation of EMS on the costs, technologies, knowledge, vision, present the potential benefits for the implementation of the EMS (social, economic and environmental), to identify the existence of plans for future action to implement the EMS , as a subsidy to promote the implementation of it. The methodology was developed through analysis of documents provided by the environmental agency responsible for licensing of retail service stations and fuel pala ANP. For data collection, we used the questionnaire was applied directly to managers or managers of sub-stations. Data were collected in 12 of 30 posts in the municipality. For purposes of data treatment was performed a descriptive analysis with respect to the opinion of twelve managers (respondents). The data acquired, according to the Likert scale were tabulated and analyzed using software SPSS 17.0 and Excel 2003, it was generated tables and graphs to observe the behavior of the data. The results showed that most respondents have a schooling level higher (58.3%) of the jobs surveyed 50% work on average 6 to 10 years and 41.6% are in operation for over 11 years , 75.0% do not have a license to operate and 12 stations, 58.3% were sued for not having a license to operate and are therefore in full commercial activity, 83% of jobs have some practice environmentally responsible, 75% agree in making planning future action to implement 8 the EMS in their ventures, 70% in full agreement that the high cost is a form of impediment to implementation of EMS; 66.67% agreed that resistance to change is an impediment to implementation of EMS; 90.91% agreed that the implementation of EMS is very complex, 80% of respondents agreed in a very significant environmental legislation is also a key factor preventing the implementation of EMS is noteworthy that 100% of respondents agreed that the knowledge about the use of the EMS will help to solve environmental problems in the fuel retail service stations, the implementation of the EMS will benefit with increased efficiency of resources applied to the findings by the agreement of 91.66% of respondents, where only 8, 33% disagreed, there was also a percentage of 100%, agreed that the company's image will be a great benefit, but also a contribution to solving environmental problems in the fuel retail service stations. Thus, the importance of the implementation of EMS in the fuel retail service stations in the city of Parnamirim-RN, with an urgent need to be deployed. And the bodies responsible for policy on state-run and supervise more tightly and action, this type of activity, in order to regulate the sustainable functioning of retail service stations of fuel, thus promoting a better quality of life for the population of the municipality of natal-RN

Use of electrical resistivity to identify collapsible soils in Brazil

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

O direito ambiental na sala de aula: significados de uma prática educativa no ensino médio

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Influence of management and environmental factors on mating success of Africanized queen honey bees

Environmental factors and management techniques were evaluated in São Paulo, Brazil, for enhanced production of Africanized queen honey bees. Queens were reared by the Doolittle method; 12 breeder, 6 cell-builder, and 36 3-frame nucleus colonies were used. Nine groups of four virgin Africanized queen honey bees were subjected to the following treatments: queens were either 1-2, 3-4 or 5-6 days old and were released into mating nuclei containing either capped brood, uncapped brood or no brood. This was repeated sixteen times between August 1990 and August 1992. Seven repetitions occurred during nectar flow periods and nine repetitions occurred during nectar-dearth periods. Overall, 59% of 576 queens were successfully introduced and mated. The best results (93% success) were obtained during nectar flows, with 3- to 4-day-old queens released into nuclei containing capped brood. During nectar dearths the best mating success came from queens introduced into broodless nuclei (63%), the age of the queen did not influence mating success. Mating success decreased when wind velocity increased; this was the only significant meteorological effect found.

Relações entre os sistemas de produção agropecuários adotados e a qualidade da água em igarapés amazônicos de duas bacias hidrográficas na região de Paragominas (PA)

A Amazônia Brasileira encontra-se em uma posição privilegiada no cenário de escassez da água, pois a bacia Amazônica apresenta alto índice de pluviosidade e detém a maior rede hidrográfica do planeta (6.925.000 km2), da qual cerca de 63% está localizada no Brasil. Todavia, a qualidade dos recursos hídricos encontra-se ameaçada, uma vez que, desde a construção da BR-010, a rodovia Belém- Brasília, em 1958, iniciou-se um processo de ocupação acelerada da Amazônia Oriental, que tem promovido profundas mudanças na paisagem por meio do intenso desmatamento relacionado às atividades madeireiras e agropecuárias. Desse modo, considerando as significativas diferenças no uso dos recursos hídricos e os impactos ambientais sobre os mesmos, por diferentes agentes sociais, especialmente os atores envolvidos nos setores da pecuária e da agricultura de grãos na Amazônia Oriental. Pretendeu-se identificar e avaliar os fatores condicionantes que influenciam no comportamento de produtores rurais atuantes nas bacias dos igarapés Cinqüenta e Quatro e Sete, em Paragominas (PA). Nesse contexto, procurou-se verificar se esses atores utilizam técnicas agropecuárias apropriadas nos sistemas de produção adotados, incluindo o manejo do solo, e se possuem alguma preocupação pró-ativa na conservação dos igarapés amazônicos que drenam suas propriedades, e em particular na manutenção da qualidade dessas águas. Dados secundários de qualidade da água e da dinâmica do uso da terra dessas bacias embasaram o presente trabalho, tendo sido relacionados com as práticas agropecuárias e o manejo do solo adotados pelas propriedades rurais estudadas. Foram identificados alguns fatores condicionantes que influenciam no manejo praticado nas propriedades rurais, determinando as mudanças de uso da terra e de cobertura vegetal na s bacias avaliadas, e que resultam em impactos diferenciados sobre a qualidade da água nos cursos d’água. Esses fatores condicionantes são: (1) a ocupação da terra e padrões de manejo da propriedade rural adotado pelos diferentes agentes sociais atuantes nas bacias; (2) o descumprimento da legislação ambiental que institui uma política de preservação dos recursos naturais, sobretudo, dos recursos hídricos; (3) os interesses econômicos, que priorizam produtividade e lucratividade imediata, em detrimento da sustentabilidade do capital natural água; e (4) as tecnologias agropecuárias ditas conservacionistas, que não estimulam uma visão integrada entre os diferentes componentes da paisagem, desconsiderando impactos sobre os recursos hídricos. Conclui-se, desse modo, que a qualidade da água nas bacias do Igarapé Cinqüenta e Quatro e do Igarapé do Sete está comprometida, principalmente, pelas práticas agropecuárias e manejo das propriedades adotadas pelos produtores. Dentre os fatores identificados, destaca-se que a adoção ou não adoção das técnicas conservacionistas, quando não acopladas a uma visão integrada dos componentes ambientais, teve pouca influência sobre a preservação dos recursos hídricos nas bacias analisadas, assim como , de maneira geral, áreas de preservação permanente não são respeitadas. A conseqüência observada, sob a ótica da legislação brasileira, é o comprometimento do uso múltiplo da água nas bacias estudadas.

Análise ambiental e morfométrica da bacia hidrográfica do Córrego Santo Antônio - São Francisco Xavier (SP)

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Landscape changes in Serra do Japi: legal protection or scientific expectation?

The creation of new legally protected areas brings many conflicts that distance the real landscape from the expected according to environmental law or conservation researchers. In this study, we mapped and compared the changes in Serra da Japi (Sao Paulo State, Brazil) throughout 40 years with scenarios of legal protection and scientific expectation on forest conservation, to evaluate the distance between them. This may allow us to infer the direction of historical changes and assist in the debate among decision makers. The results showed that most legal requirements on forest protection in the current landscape have been met. The 1960s was the period when the forest cover was closest to the desirable conservation stage. Although the Serra do Japi has maintained large areas of forests during the entire study period, human interference increased with the expansion of reforestation and urban areas, and access roads were identified as a primary potential driving forces of change. In addition, habitat loss was observed in the landscape, which can represent the first phase of a sequence of modifications detrimental to the environmental conservation of this protected area, including decision changes to land use. In conclusion, the changes evolved toward conservation expectations, but not toward the forest configuration of scientific expectation.

Climate Change and International Law. Exploring the Linkages Between Human Rights, Environment, Trade and Investment

Mapping the relevant principles and norms of international law, the paper discusses scientific evidence and identifies current legal foundations of climate change mitigation adaptation and communication in international environmental law, human rights protection and international trade regulation in WTO law. It briefly discusses the evolution and architecture of relevant multilateral environmental agreements, in particular the UN Framework Convention on Climate Change. It discusses the potential role of human rights in identifying pertinent goals and values of mitigation and adaptation and eventually turns to principles and rules of international trade regulation and investment protection which are likely to be of crucial importance should the advent of a new multilateral agreement fail to materialize. The economic and legal relevance of rules on tariffs, border tax adjustment and subsidies, services and intellectual property and investment law are discussed in relation to the production, supply and use of energy. Moreover, lessons from trade negotiations may be drawn for negotiations of future environmental instruments. The paper offers a survey of the main interacting areas of public international law and discusses the intricate interaction of all these components informing climate change mitigation, adaptation and communication in international law in light of an emerging doctrine of multilayered governance. It seeks to contribute to greater coherence of what today is highly fragmented and rarely discussed in an overall context. The paper argues that trade regulation will be of critical importance in assessing domestic policies and potential trade remedies offer powerful incentives for all nations alike to participate in a multilateral framework defining appropriate goals and principles.

Impact of product-related environmental regulations / voluntary requirements on Thai firms

The rules governing the trade of goods in global markets have shifted toward non-tariff measures related to environmental and chemical safety. Unlike traditional environmental/safety requirements, the scope of modern regulations covers products’ environmental performance and chemical safety. To comply with these modern regulations, production practices along the entire supply chain must be realigned to manage certain chemical substances incorporated into the final product. This paper examines the implications of product-related environmental and chemical safety regulations on different firms operating in Thailand.

Transmission and Transport of Energy in the Western U.S. and Canada: A Law and Policy Road Map

This collection of short essays arose from the inaugural meeting of the Idaho Symposium on Energy in the West, which was held in November, 2014. The topic for this first Symposium was Transmission and Transport of Energy in the Western U.S. and Canada: A Law and Policy Road Map. The essays in this collection provide a notable introduction to the major energy issues facing the West today. Topics include: building a resilient legal architecture for western energy production; natural gas flaring; transmission planning for wind energy; utilities and rooftop solar; special considerations for western states and the Clean Power Plan; the Clean Power Plan's implications for the western grid; siting renewable energy on public lands; and implications of utility reform in New York and Hawaii for the Northwest.

An Introduction to Conservation Easements in the United States: A Simple Concept and a Complicated Mosaic of Law

The idea of a conservation easement – restrictions on the development and use of land designed to protect the land’s conservation or historic values – can be relatively easily understood. More significant and more challenging is the complex body of state and federal laws that shapes the creation, funding, tax treatment, enforcement, modification, and termination of conservation easements. The explosion in the number of conservation easements over the past four decades has made them one of the most popular land protection mechanisms in the United States. The National Conservation Easement Database estimates that the total number of acres encumbered by conservation easements exceeds 40 million.Because conservation easements are both novel and ubiquitous, understanding how they actual work is essential for practicing lawyers, policymakers, land trust professionals, and students of conservation. This article provides a “quick tour” through some of the most important aspects of the developing mosaic of conservation easement law. It gives the reader a sense of the complex inter-jurisdictional dynamics that shape conservation transactions and disputes about conservation easements. Professors of property law, environmental law, tax law, and environmental studies who wish to cover conservation easements in the context of a more general course can use the article to provide their students with a broad but comprehensive overview of the relevant legal and policy issues.

A Proposed Environmental Policy for the Evaluation of State Funded Projects for use by the Utah Department of Transportation

Utah lacks a NEPA-equivalent environmental law for state funded projects. UDOT policies provide guidance on complying with NEPA but not on environmental reviews of state funded transportation projects. These projects are either not evaluated for impacts or are evaluated without a formal process, resulting in inconsistent and inadequate consideration of resources and project alternatives, with limited public involvement. This capstone provides a standard policy for UDOT. The policy incorporates elements from other state DOT polices and is based on federal NEPA, CEQ regulations, FHWA technical guidance, and existing UDOT procedures. Implementation will ensure consideration of project impacts to resources, analysis of project alternatives, encourage meaningful public involvement, and improve interagency coordination.