State Senate Environmental Performance 2007-2009

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Enforcement in environmental law: an economic analysis of citizen suits

Previous to 1970, state and federal agencies held exclusive enforcement responsibilities over the violation of pollution control standards. However, recognizing that the government had neither the time nor resources to provide full enforcement, Congress created citizen suits. Citizen suits, first amended to the Clean Air Act in 1970, authorize citizens to act as private attorney generals and to sue polluters for violating the terms of their operating permits. Since that time, Congress has included citizen suits in 13 other federal statutes. The citizen suit phenomenon is sufficiently new that little is known about it. However, we do know that citizen suits have increased rapidly since the early 1980's. Between 1982 and 1986 the number of citizen suits jumped from 41 to 266. Obviously, they are becoming a widely used method of enforcing the environmental statutes. This paper will provide a detailed description, analysis and evaluation of citizen suits. It will begin with an introduction and will then move on to provide some historic and descriptive background on such issues as how citizen suit powers are delegated, what limitations are placed on the citizens, what parties are on each side of the suit, what citizens can enforce against, and the types of remedies available. The following section of the paper will provide an economic analysis of citizen suits. It will begin with a discussion of non-profit organizations, especially non-profit environmental organizations, detailing the economic factors which instigate their creation and activities. Three models will be developed to investigate the evolution and effects of citizen suits. The first model will provide an analysis of the demand for citizen suits from the point of view of a potential litigator showing how varying remedies, limitations and reimbursement procedures can effect both the level and types of activities undertaken. The second model shows how firm behavior could be expected to respond to citizen suits. Finally, a third model will look specifically at the issue of efficiency to determine whether the introduction of citizen enforcement leads to greater or lesser economic efficiency in pollution control. The database on which the analysis rests consists of 1205 cases compiled by the author. For the purposes of this project this list of citizen suit cases and their attributes were computerized and used to test a series of hypotheses derived from three original economic models. The database includes information regarding plaintiffs, defendants date notice and/or complaint was filed and statutes involved in the claim. The analysis focuses on six federal environmental statutes (Clean Water Act} Resource Conservation and Recovery Act, Comprehensive Environmental Response Compensation and Liability Act, Clean Air Act, Toxic Substances Control Act, and Safe Drinking Water Act) because the majority of citizen suits have occurred under these statutes.

Stochastic Assessment Of Environmental Flows In Semiarid Environments

The regimen of environmental flows (EF) must be included as terms of environmental demand in the management of water resources. Even though there are numerous methods for the computation of EF, the criteria applied at different steps in the calculation process are quite subjective whereas the results are fixed values that must be meet by water planners. This study presents a friendly-user tool for the assessment of the probability of compliance of a certain EF scenario with the natural regimen in a semiarid area in southern Spain. 250 replications of a 25-yr period of different hydrological variables (rainfall, minimum and maximum flows, ...) were obtained at the study site from the combination of Monte Carlo technique and local hydrological relationships. Several assumptions are made such as the independence of annual rainfall from year to year and the variability of occurrence of the meteorological agents, mainly precipitation as the main source of uncertainty. Inputs to the tool are easily selected from a first menu and comprise measured rainfall data, EF values and the hydrological relationships for at least a 20-yr period. The outputs are the probabilities of compliance of the different components of the EF for the study period. From this, local optimization can be applied to establish EF components with a certain level of compliance in the study period. Different options for graphic output and analysis of results are included in terms of graphs and tables in several formats. This methodology turned out to be a useful tool for the implementation of an uncertainty analysis within the scope of environmental flows in water management and allowed the simulation of the impacts of several water resource development scenarios in the study site.

A Resource Centric Approach For Advancing Collaboration Through Hydrologic Data And Model Sharing

HydroShare is an online, collaborative system being developed for open sharing of hydrologic data and models. The goal of HydroShare is to enable scientists to easily discover and access hydrologic data and models, retrieve them to their desktop or perform analyses in a distributed computing environment that may include grid, cloud or high performance computing model instances as necessary. Scientists may also publish outcomes (data, results or models) into HydroShare, using the system as a collaboration platform for sharing data, models and analyses. HydroShare is expanding the data sharing capability of the CUAHSI Hydrologic Information System by broadening the classes of data accommodated, creating new capability to share models and model components, and taking advantage of emerging social media functionality to enhance information about and collaboration around hydrologic data and models. One of the fundamental concepts in HydroShare is that of a Resource. All content is represented using a Resource Data Model that separates system and science metadata and has elements common to all resources as well as elements specific to the types of resources HydroShare will support. These will include different data types used in the hydrology community and models and workflows that require metadata on execution functionality. The HydroShare web interface and social media functions are being developed using the Drupal content management system. A geospatial visualization and analysis component enables searching, visualizing, and analyzing geographic datasets. The integrated Rule-Oriented Data System (iRODS) is being used to manage federated data content and perform rule-based background actions on data and model resources, including parsing to generate metadata catalog information and the execution of models and workflows. This presentation will introduce the HydroShare functionality developed to date, describe key elements of the Resource Data Model and outline the roadmap for future development.

NDVI With Artificial Neural Networks For SRTM Elevation Model Improvement – Hydrological Model Application

Digital elevation model (DEM) plays a substantial role in hydrological study, from understanding the catchment characteristics, setting up a hydrological model to mapping the flood risk in the region. Depending on the nature of study and its objectives, high resolution and reliable DEM is often desired to set up a sound hydrological model. However, such source of good DEM is not always available and it is generally high-priced. Obtained through radar based remote sensing, Shuttle Radar Topography Mission (SRTM) is a publicly available DEM with resolution of 92m outside US. It is a great source of DEM where no surveyed DEM is available. However, apart from the coarse resolution, SRTM suffers from inaccuracy especially on area with dense vegetation coverage due to the limitation of radar signals not penetrating through canopy. This will lead to the improper setup of the model as well as the erroneous mapping of flood risk. This paper attempts on improving SRTM dataset, using Normalised Difference Vegetation Index (NDVI), derived from Visible Red and Near Infra-Red band obtained from Landsat with resolution of 30m, and Artificial Neural Networks (ANN). The assessment of the improvement and the applicability of this method in hydrology would be highlighted and discussed.

The Potential Of Kohonen Method For Classifying Rivers Focused On Regional Environmental Flow Determination With ELOHA

This article highlights the potential benefits that the Kohonen method has for the classification of rivers with similar characteristics by determining regional ecological flows using the ELOHA (Ecological Limits of Hydrologic Alteration) methodology. Currently, there are many methodologies for the classification of rivers, however none of them include the characteristics found in Kohonen method such as (i) providing the number of groups that actually underlie the information presented, (ii) used to make variable importance analysis, (iii) which in any case can display two-dimensional classification process, and (iv) that regardless of the parameters used in the model the clustering structure remains. In order to evaluate the potential benefits of the Kohonen method, 174 flow stations distributed along the great river basin “Magdalena-Cauca” (Colombia) were analyzed. 73 variables were obtained for the classification process in each case. Six trials were done using different combinations of variables and the results were validated against reference classification obtained by Ingfocol in 2010, whose results were also framed using ELOHA guidelines. In the process of validation it was found that two of the tested models reproduced a level higher than 80% of the reference classification with the first trial, meaning that more than 80% of the flow stations analyzed in both models formed invariant groups of streams.

Investigating The Sources Of Fresh Water Affecting The Hydrological Balance Of Lakes Enriquillo And Azuei (Hispaniola) – Data Analysis

The Enriquillo and Azuei are saltwater lakes located in a closed water basin in the southwestern region of the island of La Hispaniola, these have been experiencing dramatic changes in total lake-surface area coverage during the period 1980-2012. The size of Lake Enriquillo presented a surface area of approximately 276 km2 in 1984, gradually decreasing to 172 km2 in 1996. The surface area of the lake reached its lowest point in the satellite observation record in 2004, at 165 km2. Then the recent growth of the lake began reaching its 1984 size by 2006. Based on surface area measurement for June and July 2013, Lake Enriquillo has a surface area of ~358 km2. Sumatra sizes at both ends of the record are 116 km2 in 1984 and 134 km2in 2013, an overall 15.8% increase in 30 years. Determining the causes of lake surface area changes is of extreme importance due to its environmental, social, and economic impacts. The overall goal of this study is to quantify the changing water balance in these lakes and their catchment area using satellite and ground observations and a regional atmospheric-hydrologic modeling approach. Data analyses of environmental variables in the region reflect a hydrological unbalance of the lakes due to changing regional hydro-climatic conditions. Historical data show precipitation, land surface temperature and humidity, and sea surface temperature (SST), increasing over region during the past decades. Salinity levels have also been decreasing by more than 30% from previously reported baseline levels. Here we present a summary of the historical data obtained, new sensors deployed in the sourrounding sierras and the lakes, and the integrated modeling exercises. As well as the challenges of gathering, storing, sharing, and analyzing this large volumen of data in a remote location from such a diverse number of sources.

Performance Evaluation Of SMOS Soil Moisture Retrieval Parameters For Hydrological Application

Microwave remote sensing has high potential for soil moisture retrieval. However, the efficient retrieval of soil moisture depends on optimally choosing the soil moisture retrieval parameters. In this study first the initial evaluation of SMOS L2 product is performed and then four approaches regarding soil moisture retrieval from SMOS brightness temperature are reported. The radiative transfer equation based tau-omega rationale is used in this study for the soil moisture retrievals. The single channel algorithms (SCA) using H polarisation is implemented with modifications, which includes the effective temperatures simulated from ECMWF (downscaled using WRF-NOAH Land Surface Model (LSM)) and MODIS. The retrieved soil moisture is then utilized for soil moisture deficit (SMD) estimation using empirical relationships with Probability Distributed Model based SMD as a benchmark. The square of correlation during the calibration indicates a value of R2 =0.359 for approach 4 (WRF-NOAH LSM based LST with optimized roughness parameters) followed by the approach 2 (optimized roughness parameters and MODIS based LST) (R2 =0.293), approach 3 (WRF-NOAH LSM based LST with no optimization) (R2 =0.267) and approach 1(MODIS based LST with no optimization) (R2 =0.163). Similarly, during the validation a highest performance is reported by approach 4. The other approaches are also following a similar trend as calibration. All the performances are depicted through Taylor diagram which indicates that the H polarisation using ECMWF based LST is giving a better performance for SMD estimation than the original SMOS L2 products at a catchment scale.

Delaware Reservoirs’ Drought Risk Assessment: A Paleo View

The Delaware River provides half of New York City's drinking water, is a habitat for wild trout, American shad and the federally endangered dwarf wedge mussel. It has suffered four 100‐year floods in the last seven years. A drought during the 1960s stands as a warning of the potential vulnerability of the New York City area to severe water shortages if a similar drought were to recur. The water releases from three New York City dams on the Delaware River's headwaters impact not only the reliability of the city’s water supply, but also the potential impact of floods, and the quality of the aquatic habitat in the upper river. The goal of this work is to influence the Delaware River water release policies (FFMP/OST) to further benefit river habitat and fisheries without increasing New York City's drought risk, or the flood risk to down basin residents. The Delaware water release policies are constrained by the dictates of two US Supreme Court Decrees (1931 and 1954) and the need for unanimity among four states: New York, New Jersey, Pennsylvania, and Delaware ‐‐ and New York City. Coordination of their activities and the operation under the existing decrees is provided by the Delaware River Basin Commission (DRBC). Questions such as the probability of the system approaching drought state based on the current FFMP plan and the severity of the 1960s drought are addressed using long record paleo‐reconstructions of flows. For this study, we developed reconstructed total annual flows (water year) for 3 reservoir inflows using regional tree rings going back upto 1754 (a total of 246 years). The reconstructed flows are used with a simple reservoir model to quantify droughts. We observe that the 1960s drought is by far the worst drought based on 246 years of simulations (since 1754).

Meteomap: Generation Of Meteorological Variables For Distributed Physically-Based Hydrological Modeling

Distributed energy and water balance models require time-series surfaces of the meteorological variables involved in hydrological processes. Most of the hydrological GIS-based models apply simple interpolation techniques to extrapolate the point scale values registered at weather stations at a watershed scale. In mountainous areas, where the monitoring network ineffectively covers the complex terrain heterogeneity, simple geostatistical methods for spatial interpolation are not always representative enough, and algorithms that explicitly or implicitly account for the features creating strong local gradients in the meteorological variables must be applied. Originally developed as a meteorological pre-processing tool for a complete hydrological model (WiMMed), MeteoMap has become an independent software. The individual interpolation algorithms used to approximate the spatial distribution of each meteorological variable were carefully selected taking into account both, the specific variable being mapped, and the common lack of input data from Mediterranean mountainous areas. They include corrections with height for both rainfall and temperature (Herrero et al., 2007), and topographic corrections for solar radiation (Aguilar et al., 2010). MeteoMap is a GIS-based freeware upon registration. Input data include weather station records and topographic data and the output consists of tables and maps of the meteorological variables at hourly, daily, predefined rainfall event duration or annual scales. It offers its own pre and post-processing tools, including video outlook, map printing and the possibility of exporting the maps to images or ASCII ArcGIS formats. This study presents the friendly user interface of the software and shows some case studies with applications to hydrological modeling.

Boots on the Ground: At 40, growing Environmental Studies Program equips students to tackle real-world problems

Now 40, Colby’s Environmental Studies Program is growing exponentially, equipping students to tackle real-world problems.

Arctic Report Card 2007: Tracking Recent Environmental Changes

Collectively, the observations indicate that the overall warming of the Arctic system continued in 2007. There are some elements that are stabilizing or returning to climatological norms. These mixed tendencies illustrate the sensitivity and complexity of the Arctic System. Atmosphere: Hot spot shifts toward Europe Ocean: North Pole Temperatures at depth returning to 1990s values Sea Ice: Summer extent at record minimum Greenland: Recent warm temperatures associated with net ice loss Biology: increasing tundra shrub cover and variable treeline advance; up to 80% declines in some caribou herds while goose populations double Land: Increase in permafrost temperatures The Arctic Report Card 2007 is introduced as a means of presenting clear, reliable and concise information on recent observations of environmental conditions in the Arctic, relative to historical time series records. It provides a method of updating and expanding the content of the State of the Arctic Report, published in fall 2006, to reflect current conditions. Material presented in the Report Card is prepared by an international team of scientists and is peer-reviewed by topical experts nominated by the US Polar Research Board. The audience for the Arctic Report Card is wide, including scientists, students, teachers, decision makers and the general public interested in Arctic environment and science. The web-based format will facilitate future timely updates of the content.

Using Genetics to Assess Differentiation Among Raccoons in an Area with Variable Rabies Status in Alabama

The western spread of raccoon rabies in Alabama has been slow and even appears to regress eastward periodically. While the disease has been present in the state for over 30 years, areas in northwest Alabama are devoid of raccoon rabies. This variation resulting in an enzootic area of raccoon rabies primarily in southeastern Alabama may be due to landscape features that hinder the movement of raccoons (i.e., gene flow) among different locations. We used 11 raccoon-specific microsatellite markers to obtain individual genotypes to examine gene flow among areas that were rabies free, enzootic with rabies, or had only sporadic reports of the disease. Samples from 70 individuals were collected from 5 sampling localities in 3 counties. The landscape feature data were collected from geographic information system (GIS) data. We inferred gene flow by estimating FST and by using Bayesian tests to identify genetic clusters. Estimates of pairwise FST indicated genetic differentiation and restricted gene flow between some sites, and an uneven distribution of genetic clusters was observed. Of the landscape features examined (i.e., land cover, elevation, slope, roads, and hydrology), only land cover had an association with genetic differentiation, suggesting this landscape variable may affect gene flow among raccoon populations and thus the spread of raccoon variant of rabies in Alabama.

Distribution of Dioecious Eastern Red Cedar (Juniperus virginiana) along an Environmental Gradient in Ogallala, NE.

Abstract The purpose of this research was to study the sex distribution and energy allocation of dioecious Eastern Red Cedars (Juniperus virginiana) along an environmental resource gradient. The trees surveyed were growing in a canyon located at the University of Nebraska’s Cedar Point Biological Research Station in Ogallala, Nebraska. Due to the geography of this canyon, environmental factors necessary for plant growth should vary depending on the tree’s location within the canyon. These factors include water availability, sun exposure, ground slope, and soil nitrogen content, all of which are necessary for carbon acquisition. Juniperus virginiana is a dioecious conifer. Dioecious plants maintain male and female reproductive structures on separate individuals. Therefore, proximal spatial location is essential for pollination and successful reproduction. Typically female reproductive structures are more costly and require a greater investment of carbon and nitrogen. For this reason, growth, survival and successful reproduction are more likely to be limited by environmental resources for females than for male individuals. If this is true for Juniperus virginiana, females should be located in more nutrient and water rich areas than males. This also assumes that females can not be reproductively successful in areas of poor environmental quality. Therefore, reproductive males should be more likely to inhabit environments with relatively lower resource availability than females. Whether the environment affects sexual determination or just limits survival of different sexes is still relatively unknown. In order to view distribution trends along the environmental gradient, the position of the tree in the canyon transect was compared to its sex. Any trend in sex should correspond with varying environmental factors in the canyon, ie: sunlight availability, aspect, and ground slope. The individuals’ allocation to growth and reproduction was quantified first by comparing trunk diameter at six inches above ground to sex and location of the tree. The feature of energy allocation was further substantiated by comparing carbon and nitrogen content in tree leaf tissue and soil to location and sex of each individual. Carbon and nitrogen in soil indicate essential nutrient availability to the individual, while C and N in leaf tissue indicate nutrient limitation experienced by the tree. At the conclusion of this experiment, there is modest support that survival and fecundity of females demands environments relatively richer in nutrients, than needed by males to survive and be reproductively active. Side of the canyon appeared to have an influence on diameter of trees, frequency of sex and carbon and nitrogen leaf content. While this information indicated possible trends in the relation of sex to nutrient availability, most of the environmental variables presumed responsible for the sex distribution bias differed minutely and may not have been biologically significant to tree growth.

Analysis of the environmental impact on a stream: is only tannery to blame?

The contribution of wastewater from a tannery industry to the pollution of a stream was investigated. The main parameters studied were biochemical oxygen demand, chemical oxygen demand, chromium, dissolved oxygen, fecal and total conforms, nitrogen, oils and greases, pH, phosphorous, sulfides, suspended solids, turbidity, and volatile solids. Three sampling points were located: (I) at the discharge point of tannery wastewater, (2) 50 m upstream, and (3) 80 m downstream of discharge point. Also was investigated the pollution at the stream source.