Environmental Crime and Specialist Courts: The case for a ‘One-Stop (Judicial) Shop’ in Queensland

The increasing international political, public and scientific engagement in matters of environmental sustainability and development has produced a rapidly expanding body of environmental law and policy. The advent of international protocols, directives, and multilateral agreements has occurred concomitantly with the harmonisation of widespread environmental regimes of governance and enforcement within numerous domestic settings. This has created an unprecedented need for environmental legal apparatuses to manage, regulate and adjudicate legislation seeking to protect, sustain and develop global natural habitats. The evolving literature in green criminology continues to explore these developments within discourses of power, harm and justice. Such critiques have emphasised the role of dedicated environmental courts to address environmental crimes and injustices. In this article, we examine the important role of specialist courts in responding to environmental crime, with specific reference to the State of Queensland. We offer a critique of existing processes and practices for the adjudication of environmental crime and propose new jurisdictional and procedural approaches for enhancing justice. We conclude that specialist environmental courts endowed with broad civil and criminal jurisdiction are an integral part of an effective response to environmental crime.

Elizabeth nee Gottschalk and Hans Krakauer's first house in Boston with descriptions on the picture; Boston, Erie County, New York.

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Elizabeth nee Gottschalk and Hans Krakauer's first house in Boston with descriptions on the picture; Boston, Erie County, New York.

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Franks family papers, 1711-1821, [1965-1968].

Contains business correspondence, accounts and documents relating to Jacob Franks of New York, his two sons, Moses and David, a nephew, Isaac, and a John Franks of Halifax, possibly a member of the family.

New Governance and the EU Courts : The Experimentalist Architecture of Judicial Decision-Making

The dissertation examines the role of the EU courts in new governance. New governance has raised unprecedented interest in the EU in recent years. This is manifested in a plethora of instruments and actors at various levels that challenge more traditional forms of command-and-control regulation. New governance and political experimentation more generally is thought to sap the ability of the EU judiciary to monitor and review these experiments. The exclusion of the courts is then seen to add to the legitimacy problem of new governance. The starting point of this dissertation is the observation that the marginalised role of the courts is based on theoretical and empirical assumptions which invite scrutiny. The theoretical framework of the dissertation is deliberative democracy and democratic experimentalism. The analysis of deliberative democracy is sustained by an attempt to apply theoretical concepts to three distinctive examples of governance in the EU. These are the EU Sustainable Development Strategy, the European Chemicals Agency, and the Common Implementation Strategy for the Water Framework Directive. The case studies show numerous disincentives and barriers to judicial review. Among these are questions of the role of courts in shaping governance frameworks, the reviewability of science-based measures, the standing of individuals before the courts, and the justiciability of soft law. The dissertation analyses the conditions of judicial review in each governance environment and proposes improvements. From a more theoretical standpoint it could be said that each case study presents a governance regime which builds on legislation that lays out major (guide)lines but leaves details to be filled out at a later stage. Specification of detailed standards takes place through collaborative networks comprising members from national administrations, NGOs, and the Commission. Viewed this way, deliberative problem-solving is needed to bring people together to clarify, elaborate, and revise largely abstract and general norms in order to resolve concrete and specific problems and to make law applicable and enforceable. The dissertation draws attention to the potential of peer review included there and its profound consequences for judicial accountability structures. It is argued that without this kind of ongoing and dynamic peer review of accountability in governance frameworks, judicial review of new governance is difficult and in some cases impossible. This claim has implications for how we understand the concept of soft law, the role of the courts, participation rights, and the legitimacy of governance measures more generally. The experimentalist architecture of judicial decision-making relies upon a wide variety of actors to provide conditions for legitimate and efficient review.

Summary of Precipitation and Streamflow for Potrero and San Clemente Creeks in Water-Year 2007, Santa Lucia Preserve, Monterey County, California

In March 2007 CSU-Monterey Bay began hydrologic monitoring of Santa Lucia Preserve for the Santa Lucia Conservancy. This project is a continuation of monitoring begun by Balance Hydrologics as part of the permit requirements for land development. The purpose of this annual report is to present data summaries for the 2007 water year (October 1, 2006 to September 31, 2007). Rainfall in water year 2007 was very low, representing the 15 year drought rainfall. Streamflow was relatively low as well as indicated by baseflow conditions approaching the drought conditions of water-year 1991 (Croyle and Smith, 2007). Document contains 30 pages)

Saline water intrusion from deep artesian sources in McGregor Isles area of Lee County, Florida

Upward leakage of saline water from an artesian aquifer below 1,500 feet has caused an increase in chloride concentration in the lower Hawthorn aquifer from less than 1,000 mg/1 (milligrams per liter) to values ranging from about 1,300 to 15,000 mg/1. Similarly the higher temperatures of the intruding water has caused an increase in water temperatures in the aquifer from 82"F to values ranging from 83 to 93"F. The intruding water moves upward either through the open bore hole of deep wells or test holes, or along a fault or fracture system, which has been identified in the area. From these points of entry into the lower Hawthorn aquifer, the saline water spreads laterally toward the south and southeast, but is generally confined to components of the fault system. The saline water moves upward from the lower Hawthorn aquifer into the upper Hawthorn aquifer through the open bore hole of wells, which connect the aquifers. This movement has resulted in an increase in chloride from less than 200 mg/1 in the unaffected parts of the upper Hawthorn aquifer to values commonly ranging from about 300 to more than 3,000 mg/1 in parts of the aquifer affected by upward leakage. The upper Hawthorn aquifer is the principal source of ground-water supply for public water-supply systems in western Lee County. Similar effects have been noted in the water-table aquifer, where chloride increased from less than 100 to concentrations ranging from about 500 to more than 5,000 mg/1. This was caused by the downward infiltration of water discharged at land surface from wells tapping the lower Hawthorn aquifer. The spread of saline water throughout most of the McGregor Isles area is continuing as of 1971. (40 page document)

Records of hydrologic data, Walton County, Florida

This report presents discharge, chemical analyses, temperatures, and specific conductance records collected at 25 surface-water sites and chemical analyses of ground water, well descriptions and records of ground-water levels collected at 164 ground-water sites. It also contains 35 logs of the sedimentary rocks penetrated in the drilling of wells and test borings ranging in depth from 147 to 625 feet. These hydrologic data were collected as part of an investigation of the water resources of the county. The interpretative results of the investigation are in the report entitled, "Water resources of Walton County," by C. A. Pascale (in preparation, 1971). (108 page document)

Flood of September 20-23, 1969 in the Gadsden County area, Florida

The center of low pressure of a tropical disturbance which moved northward in the Gulf of Mexico, reached land between Panama City and Port St. Joe, Florida, on September 20, 1969. This system was nearly stationary for 48 hours producing heavy rainfall in the Quincy-Havana area, 70-80 miles northeast of the center. Rainfall associated with the tropical disturbance exceeded 20 inches over a part of Gadsden County, Florida, during September 20 through 23, 1969, and the maximum rainfall of record occurred at Quincy with 10.87 inches during a 6-hour period on September 21. The 48-hour maximum of 17.71 inches exceeded the 1 in 100-year probability of 16 inches for a 7-day period. The previous maximum rainfall of record at Quincy (more than 12 inches) was on September 14-15, 1924. The characteristics of this historical storm were similar in path and effect to the September 1969 tropical disturbance. Peak runoff from a 1.4-square mile area near Midway, Florida, was 1,540 cfs (cubic feet per second) per square mile. A peak discharge of 45,600 cfs on September 22 at the gaging station on the Little River near Quincy exceeded the previous peak of 25,400 cfs which occurred on December 4, 1964. The peak discharge of 89,400 cfs at Ochlockonee River near Bloxham exceeded the April 1948 peak of 50,200 cfs, which was the previous maximum of record, by 1.8 times. Many flood-measurement sites had peak discharges in excess of that of a 50-year flood. Nearly $200,000 was spent on emergency repairs to roads. An additional $520,000 in contractual work was required to replace four bridges that were destroyed. Agricultural losses were estimated at $1,000,000. (44 page document)

2007 Annual Report: Hydrologic Conditions in Baseflow Reaches Pursuant to Conditions 14 and 15, Santa Lucia Preserve, Monterey County, California

This report presents the results of the 2007 baseflow condition surveys of the four major streams flowing through Santa Lucia Preserve- Las Garzas, Portrero, San Jose, and San Clemente Creeks. This report has been prepared for the Santa Lucia Conservancy and is primarily intended for the staff of Monterey County and California Department of Fish and Game, in accordance with the baseflow monitoring and reporting requirements outlined in County Conditions 14 and 15. The scope of this report is limited to the presentation and evaluation of existing baseflow conditions as required by Conditions 14 and 15, and is not intended as a comprehensive analysis. However, data presented here are an important part of the long term data set that will be used for future in depth watershed analyses. (Document contains 13 pages & 14 figs)

Reconnaissance of the ground-water resources of Baker County, Florida

Ground-water is not widely used in Baker County, but the presence of a high equipotential area in the artesian system beneath the County made it necessary that the resource be understood insofar as this high affected the ground-water resources of Nassau and Duval counties which were being intensively studied and mapped. The method and rates of movement of ground-water from one point to another in the artesian aquifer are understood more fully by use of the data in this report. (PDF contains 30 pages)

Ground water in the Immokalee area, Collier County, Florida

The scope of the investigation involved the drilling of test holes and the detailed inventorying of existing wells in order to define the location, depth, potential yield, and chemical quality of the water contained in the shallow aquifer that might be used for the development of a central water-supply system. The field work and collection of data for the investigation covered the period 1961 through 1963. Much of the data collected for the report on the ground-water resources of Collier County (McCoy, 1962) is incorporated into this report. (Document has 36 pages.)

1998 warmwater fish survey of Vancouver Lake, Clark County

The Vancouver Lake warmwater fish population was sampled during the fall of 1998. Vancouver Lake is a large lake, connected directly to the Columbia River through the Lake River to the north and the constructed flushing channel on the eastern shore. A total of 16 species of fish were encountered, mostly warmwater game fish with a few seasonal visitors. The lake has suffered from water quality problems, and during the 1970s, it was dredged, and a channel was created to aid in increasing the water turnover rate, effectively connecting both ends of the lake to the Columbia River. As there is direct access to the Columbia River, managing this lake as a closed system may prove difficult. It is of our opinion that it may be a more effective use of resources to increase the anglers access to the available resources through providing improved boat launch access, and fish habitat structure throughout the lake. Additionally, educating the public about the how-to's of common carp angling could possibly open up additional resources not commonly utilized by the public. (Document pdf contains 38 pages)

Characterization of the sediments overlying the Floridan aquifer system in Alachua County, Florida

The primary purpose of this project is to attempt to improve the existing hydrogeologic information through lithologic and hydrogeologic characterizations of the sediments overlying the Floridan aquifer system in Alachua County. These sediments locally comprise both the intermediate aquifer system and associated confining beds and the surficial aquifer system. (PDF has 119 pages.)