EnviroLaw Journal

Greetings!
While I won't maintain a very active BLOG this semester, It would be good for you to check this site about once a week for announcements for specific classes, schedules and schedule changes, etc.

Alan's Post for Ch 11 (Finally)
Here's Alan's post on Ch 11: 1. Global warming, future natural disasters, conservation of energy,conservation of water. 2. Conventional law defines and uses treaties to address issues that should be developed and acted upon. The Stockholm Declaration created the consciousness globally for environmental responsibility. It also gave principles that addressed more specific issues in our relationships between different fields and the environment. Also it gives the rule of compensation for the parties harmed by irresponsible polluting acts. Customary law furthers long-standing practice of international relationships and shared responsibility of the environment and each other. There are mentionings of being a good neighbor. Somehow this can bend the will of certain countries and maybe even the U.S. The customary laws have principles as well that address specific issues and pursue to create a pro-active/pollution-prevention frame on statutes. This is also where riparian rights come into view. These laws are extremely important when dealing with nations who have or have had water wars. 3. One thing is we do not have an international body that can regulate international law. We have the World Bank sometimes, but it is still a "bank". I think that by the time international environmental regulation entered our minds, we had already found our little capitalistic, reckless abandon niche. We have grown apart from our responsibilities to the environment and each other. 4. The first principle deals with what good neighbo(u)rliness is. It tells us that no one can degrade someone else's area and get away with it. I see this as being a view into the psyche' of our ancestors. It's obvious that the people that evolved to pollute the world today never bothered to slow themselves down first. This rule of defensiveness shows that we would do it to ourselves no problem, but address it when someone does it to us. The second principle tells us to try and prevent pollution in our own lands. My point exactly. It does not even say to cap pollution, just throw money at it. The third principle focuses on equitable utilization of shared resources. This attempts to define what is a reasonable use for a shared resource. This is used in the Indus River valley of Kashmir in keeping cooperation present for the sake of the environment and our relationship with it. There are still wars over it too though. The fourth principle states that different sates must "inform and cooperate" with each other about recent changes or updates to present knowledge of certain threats. Just like China had to warn Russia about potential water pollution a few days ago. 5. The United Nations Environmental Program was put forth by the Stockholm Declaration of 1972. It created the Governing Council, the Environmental Secretariat, and the Environmental fund. UNEP functions partly with he Governing Council allocating money to the Environmental Fund. They make decisions in annual meetings and promote international, environmental cooperation. Information is digested by the council from a report, creating a report that reports to the U.N., where it is reported to the public through another report. Another bureaucratic process at work that dumbs down seriousness and education of certain threats we face and create. The Environmental Secretariat is basically the think-tank for UNEP and the U.N. on enviro programs and implementation/ progress of these programs. 6. I think it is the lack of constant communication and publicity of ideas that hinders international pollution problems. There is something noble in trusting good faith, but it doesn't do much for education in what and what isn't responsible in protection and pollution. These local levels lack leadership. 7. The Montreal Protocol brought about certain steps/goals in diminishing CFCs in the atmosphere. The purpose is to try and save the Ozone Layer. It provided certain exceptions for developing nations and created a multi-lateral fund to assist them. It also provided a schedule for developed nations to follow that would reach the MP's goals.

Friendly Reminder To Alan
I have not yet received your EIS report, nor have you submitted comments and answers for Ch 11. Today is Thursday. I leave at 330 PM today for Vicksburg. I will not accept late posts (after Friday by 4 PM) and will not grade EIS reports that come in after Thursday afternoon at 330 PM. Your final grade will be based NOT ONLY on test grades, but timely POSTINGS and your EIS report.

EIS Reports - Update
Alan & Steven - Just put the EIS reports in my mailbox at school if you like (before 330 PM Thursday). That'd probably be quicker that snail mail! See ya'll Tuesday night.

Env. Regs. End Times
1. We will have our final Tuesday night at 6PM on exam week. 2. A reminder: Mail EIS reports to reach me before the close of this week. 3. Be sure to post answers to Ch. 11 questions before week's end. See ya'll next Tuesday night. Dr. F

Ch 11 - Env Regs
These are the last questions for environmental regulations. Chapter 11 shows us that many of our environmental issues - global warming, loss of biodiversity, transboundary air and water pollution, ocean destruction, salinization and desertification - all are part of a global commons - it's everyone's problem. Just this week, a benzene spill in China is affecting populations in neighboring Russia. International law, largely ignored by the current American government, protects ALL of us, because we really share this globe together. Consider the following: 1) Identify 4 major problems that international environmental law needs to address; 2) Discuss (don't merely identify) the two primary sources of international law; 3) Why does international law tend to be ineffective (not just because the US won't abide by it)? 4) Explain the 4 primary principles of customary international environmental law; 5) What is UNEP? How does UNEP function? 6) Explain why it has been difficult to establish a satisfactory way to handle pollution problems between countries; 7) What are the purposes and major provisions of the Montreal Protocol? 8) Explain how international law handles the problems associated with marine pollution. You'll need to post answers to these by Thursday noon of Dead Week. I will post a time for our final (it will be at night, the week after Dead Week) later in Dead Week.

Alan, Ch 10, Part 2
Alan Logan Chap. 10 Pt. 2 - 7. First is biodiversity. We are dependent on so many indirect relationships between plant, animal, and other types of life. They maintain a balance and we do not. Humans are definitely disturbing this balance with our pressure on endangered species here and abroad. 8. One is by either stopping developing and changing ecosystems from drawing populations away from other countries. Maintaining, controlling, and continuing to study relationships is a must as well. There are international laws that help these issues. Communication and shared science abroad is vital with these issues. Just look at what happened to the grasslands of our mid-west.

Alan, Ch 10, Part 1
Alan continues in Ch 10: 1. Old growth forests are a very unique ecosystem. They have great diversity with the ages and biological variety of trees and other vegetation. They play host to species that are dependent specifically on their relationships with each other. They are amazing in the way that they have withstood environmental and climate changes over time. They are geographically unique as well. I think old-growth forests rank on the list with wetlands as being ignored by public support. 2. I think the Wilderness Act was a great step in helping stop the irresponsible land management before it. When I was in Oregon, I would hear people offering up ideas to build commercial construction supply stores at the top of Mt. Mazama. Some people actually were serious about it. A Home Depot in a protected National Park. This book tries to give the impression that the current administration is going to single-handed degrade our protected lands. No, because they have help. It is going to take everyone else who cares to reconnect the responsibility to the relationships we have in protecting our most important ecosystems. 3. I guess other species and everything else endangers them. I would say it takes just a little longer for nature to hammer out new species than it does for us to destroy them. One thing is logging and clear-cutting forests way to often. Expansion of cities endangers species. There are marine species that starve from our constant taking of their food as ours. I think the continuation of global-warming is going to hurt a lot of species (us too!). There were endangered species 500 million years ago and there will be, hopefully, 500 million years from now, barring gay marriage. Endangered species are protected by several means. No hunting and habitat preservation are common. When I was in California, I lived in the Ivanpah Valley of the Mojave. Terrapin Station if you will. The valley is home to the endangered Desert Tortoise. Most of the valley is in the Mojave National Preserve and of course not open to private development. The tortoise's habitat was a bit larger than the preserves so there were stories of whole construction sites being shut-down on the spot at the emergence of a tortoise on the premises. 4. Introduced species are a double-edged sword. They can truly help bring a biodiversity that helps everyone out in some controlled cases. Other times they can truly throw the balance of their new ecosystem. I had experience with this in Utah with Zebra Mussels. I know I am not alone in this, but the mussels are really a mid-western and Mississippi river (and tributaries') problem. Just the presence of new species can alter an ecosystem. Dahomey has a very low snake population because of the new large populations of wild hogs. The hogs are destroying the snakes habitat. The snakes' low numbers are contributing to the larger numbers of their prey. 5. The attack is from developers that call for different language and a change in authority of the ESA. The CCA gives the responsibility to private persons and states. Why do that? This, to me, if federal domain. So many other policies and laws are administered by the feds, but they give up on a few. The Habitat Conservation Plan really trusts private folks to actually fix what they break when developing amongst endangered species. They must repair what they harmed on their own time. 6. Section 7 seems to shape the process and relationship between it and the EIS. Of course if an EIS is necessary for an endangered habitat or species, it is unique. There are some different consequences of development and modified processes in Section 7. It also requires the EIS to explore endangered effects amongst everything else it will report. Nothing can be developed until the EIS is complete and accepted either.

Env. Regs., Ch 10, 2, S. Hughes
1. Old growth forests are tracts of woodland that have not been tampered with for hundreds or thousands of years. Old growth forests are important because they represent well established, diverse, and sensitive ecosystems. 2. If public land is allowed to be used more commercially than conservatively then it is at risk for devastation much like the private land that surrounds it either due to overuse or commercial development. 3. Species become endangered by “present or threatened destruction, modification, or curtailment of its habitat or range; over utilization for commercial recreation, scientific, or educational purposes; disease or predation, the inadequacy of existing statutory mechanisms; or other natural or manmade factors affecting its continued existence”. To be endangered the species must have “become so depleted in numbers that they are in danger of or threatened with extinction and are of aesthetic, ecological, educational, historical, recreational, and scientific value”. 4. Exotic species are organisms that make their home outside of their “normal” range. Exotic species can become a problem when they begin to inhibit the maintenance of diversity in the habitat they inhabit. Chinese privet and tallow tree along with fire ants are examples of exotic species that have caused problems in Mississippi. 5. The ESA is at risk of not being funded or reinstated. It has been since 1993. Property rights groups are lobbying to get congress to weaken the reach of the ESA. There have been bills introduced into congress from both sides of the isle that would essentially weaken the acts ability to sustain threatened species to the extent it does now. 6. Section 7 of the ESA like the EIS requirement of NEPA requires a report to be filed on the potential danger to an area before a project can be undertaken. Section 7 deals with endangered species where an EIS is more focused on the ability of an area to sustain its current environmental integrity through a proposed project. 7. The global loss of species is important to humans because we rely on organisms from bacteria to large mammals for many things. The loss of species is also important because we may lose species that could potentially hold medically important compounds or properties. 8. Through trade bans and sanctions as well as political and economic incentives we can encourage the marketing of endangered species to be halted. Our ESA serves as a model for other countries in the global community to follow to try and remedy their species loss problems.

Ch 10, Pt 1 (Alan?)
This is an unidentified entry which I assume to be Alan - Subject: Wetlands

1. An area of land covered with water during all or part of the year is considered wetland. They are also known as marshes, wet meadows, or bogs. I would not say this is a great biological definition because it does not explain the relationships of coastal formations. Marine, freshwater, and terrestrial terms could be used. These relationships are sensitive and very important in their links to the biological cycle coastal area undergo. Recently, wetlands have been exposed as the kidneys of the coasts and also a buffer for hurricanes. Wetlands are also home to a large population of our plants and animals. They also help control and withstand erosion. 2. HGM attempts to predict potential changes to the functions of a wetland resulting from blatant human development. HGM presents 7 geomorphic groups that define the language for each case. Even though the Core of Engineer's way is a great way even though it risks the wetland sometimes. It is progressive thinking and provides some sort of civil/ scientific approach. 3. You must establish a boundary between wetlands and "uplands". State procedures and federal procedures are different even though federal laws are enforced all over. Regulation varies state to state, but federal law sets the base for states to either improve upon or amend. To work with wetlands or any other coastal feature you must apply to the C of E. 4. Bush's policy concerning wetlands is designed t raise money and buy wetlands for purposes of preservation and protection. This is a nice idea, but it has not worked so far. The developer has an option to create the wetland elsewhere and avoid relocation. This doesn't exactly balance when it comes to nature. 5. Mitigation results in the establishment of restoration, enhancement, and protection of wetlands. Creation is the practice of making a place where no wetland may or may not naturally occur, a wetland. Restoration protects, improves, and increases the amount of wetlands. It replaces lost or degraded wetlands. 6. Wetland banking is the method of making a profit on the dealings of a wetland. Cashing in on protection regulation is common and works. I think that it is productive in most cases because it quenches the bloody capitalists and protects the environment at the same time. 7. The CZMA allows states to voluntarily receive resources to allow the increase in preserving, protecting, and restoring all coastal resources and features. 8. Estuaries are the body of water where the salt water seas meet the freshwater bodies. The importance lies in the uniqueness and delicate balance of marine and freshwater organisms. They are important far beyond their borders. Of course federal regulation and continued financial support are important for preservation. Katrina's storm surge would have certainly been less severe had the wetlands current shape had been better or ideal. The drainage of the Mississippi was diverted and now deprives the wetlands of the nutrients they need to survive. 9. Geologic accretion is the building of land masses by the sediment in water. Sediment subsidence is the subverting of land and is opposite of uplift. 10. I think that wetlands have been a grey area for public knowledge. They are certainly known among biologist and other natural scientists, but not the most popular geologic feature. These days are bringing them more into their light of importance and I expect more laws to be written for their protection and hope to be involved with that. Not writing laws specific to the needs of wetlands overlaps other systems that does not exactly fix anything.

Steven Hughes, Ch 10, Pt 1
1. A wetland is an area that is covered by water all or part of the year. I would agree that this definition is adequate as a general biological description as well. Wetlands are important for many reasons. They can dilute pollution and prevent streams and rivers from becoming polluted, coastal wetlands can also prevent oceanic pollution. The ecosystems found in wetlands are diverse and contribute to large numbers of biodiversity relative to land size. Coastal wetlands are commercially productive as well; almost all of our shellfish comes from these areas. 2. The HGM system for describing wetlands uses factors such as wetland function. This is a more inclusive method for describing wetlands when compared to a biological description, which focuses on the living aspects of the area instead of the whole area. 3. To delineate a wetland you just have to define the boundary of the wetland. The boundary is defined by soil types, hydrology, and adaptive plant species present. To get a permit to work in a wetland you have to show you have tried to avoid wetland destruction, minimized potential impacts to the wetland, and provide compensation for any unavoidable impacts by restoration practices. 4. Daddy Bush’s no-net-loss policy is designed to prevent wetland loss; if loss is unavoidable then the company has the option to replace the wetland if it is a significant loss. Insignificant loss does not require replacement. This policy has not worked, in 10 years over 600 thousand acres of wetland were lost. 5. Wetland Mitigation is a practice that attempts to minimize environmental impacts to a wetland area. Wetland Restoration seeks to restore normal wetland functions. Wetland Creation seeks to add to existing wetland or replace previously destroyed wetlands. 6. Wetland banking is a way to commercialize the replacement of wetland that is lost to development. Potential developers can buy credits from the wetland bank that has set up a wetland area ahead of time; this eliminates the need for the developer to be environmentally responsible when planning the project. When compared to wetland mitigation from individual developers this banking system is more efficient as well as being profitable and more environmentally friendly since the wetland is set up way in advance of the destruction of existing wetlands. 7. The CZMA is to help states develop plans for more efficient and environmentally friendly use of coastal lands. The uses include beaches, as well as erosion control. Since the act provides matching funds for compliance it encourages states to develop plans as well as stick to them. 8. Estuaries are coastal areas where freshwater and saltwater meet. Estuaries create very specific habitats. These habitats are home to a very diverse and specialized group of animal and plant species. The same planning process that helps protect other wetlands protects estuaries. It has been said that estuaries can help decrease the impact of hurricanes on land by causing friction. It is possible that the Gulf coast could have been spared such a severe blow this season if their estuaries would have been as developed as in the past. 9. Sediment accretion is the process that develops wetlands. Through flooding a river deposits sediment along its banks and as time passes the sedimentation gives rise to wetland soil, which facilitates the creation of a wetland. Sediment subsidence is the process of compaction of sediment deposited through accretion. If subsidence outpaces accretion then the wetland floods and dies. 10. Wetland policies are interpreted through existing legislation because politicians are scared to regulate directly on wetlands. The reasoning behind this is the difficulty in convincing politicians and the public on the importance of wetlands. Politicians also don’t want to risk losing votes due to the legislation of private land use since most wetlands are found on private land.

Ch 10, Pt 2, Env. Regs.
I have not seen a posting in several weeks, although I put out questions about wetlands last week. Below are the second part of Ch 10. Next week, I will post Ch 11. I anticipate that the EIS's will be turned in on time and that weekly postings will be caught up. Dr. F

Ch 10 - Part 2

1. What is an old-growth forest, and why are such forests important?
2. Explore the changing view of public land regulation. Why is this new attitude dangerous for ecosystems in general?
3. What endangers species? List the characteristics of endangered species.
4. What are exotic species? Why can they sometimes be a problem in new lands? Give some examples of exotic plants and animals that have made their homes in Mississippi.
5. Why is ESA now under assault? Describe several of the current Federal programs that may undermine endangered species protection?
6. Explain the similarities and differences between Section 7 of the ESA and the EIS requirement in NEPA.
7. Some think that we may be experiencing the 6th global mass extinction, much of it due to human activities. Why is the global loss of species important?
8. Although ESA is an American law, how can we indirectly regulate endangered species in other countries?

Ch 10, Wetlands
Ch 10 will be looked at in 2 parts: a) wetlands and b) ESA. Ch 10 - Part 1

1. Define legally what a wetland is. Is this also a good biological definition? Why are wetlands so important? What do wetlands do? What are wetland functions and values?
2. What is the HGM system for describing wetlands? Is it a better system than the 1987 Corps of Engineers system? Explain.
3. What do you have to do to "delineate" at wetland? What legally do you have to do to get a permit to do work in a wetland?
4. What was George H.W. Bush's No Net Loss policy? Has it worked? Explain.
5. What is wetland mitigation? Wetland creation? Wetland restoration?
6. What is wetland banking? Is it really a useful approach to our current wetland problems? Explain.
7. Explain the purpose of the Coastal Zone Management Act.
8. What are estuaries? Why are they ecologically important. How do we protect them? Might have Katrina been less destructive to New Orleans, had the wetlands below New Orleans been healthy?
9. What is sediment accretion? Sediment subsidence?
10. It is strange that while wetlands are very important in many ways, there are really no wetland laws. Why is it that wetland regulation is being done through interpretation of laws that specifically do not address wetlands (i.e., Rivers and Harbors Acts, etc.)? Is this effective, or are such interpretations dangerous? Consider: we are worried about whether a right-wing supreme court might reverse Federal abortion. What about wetland regulation?

Alan, Ch 8 Entry
Alan Logan Chapter 8 - 1. There are many ways that we can reduce waste. Some are common sense like conservation and education. Some creative ways to do this are actually using your waste as a fuel. An example would be burning your trash to run a boiler, or growing the fuel to heat your home (corn) instead of piping it in. 2. Yes and no. Yes because we are not responsible enough to understand the effects of these hazards. Limiting or eliminating personal/household possession is definitely a good thing to me. No because someone is always going to bitch that it is their right to pollute and you have to respect to "rights". 3. Of course there should be. We might learn the hard way on this one. I know that three-mile island is still under-staffed and under-trained to protect and thwart an invasive attack. If we are not protecting hazardous facilities more than sanitary it doesn't surprise me, but does motivate me. 4. I don't exactlyunderstand this question, but I know that some landfills use catalysts to speed up degradation in things like plastic and tin. Even if the catalysts are successful, there should be a liability to the landfill AND the EPA. 5. CERCLA is a Superfund because it is the collection of taxes on petroleum and chemical industries. I think it is accurate. I would say that , no, it is not properly funded for it's purpose. Especially not that we have an oil administration "leading" us. 6. #3. Buffalo, NY. A city with an industrial history that made it very dirty over the years has actually been greatly turned around with the help of Superfund dollars. There is an 1,100 acre brownfield that is being turned into a wind farm. #2. San Jose, CA. There was a UST that leaked trichloroethane that contaminated some 65,000 peoples drinking water. Now, San Jose is notorious for clean air, streets and lifestyle. #1. Portland, OR. After renovating the sewer system, Portland is a role model for city developers everywhere. 7. First, these regulated must report their stored, used, and releases of hazards. They also must abide by the Toxic Release Inventory. Any time "they" release more that the "allotted" hazard, it must be reported to the EPA within 24 hours. 8. The idea of a sanitary landfill is that is operates under government regulation. Covering with dirt and monitoring air emissions and groundwater are examples of regulation. The hazardous sites are exactly what the name says they are. Some hazardous waste disposals have been credited with law birth weight in humans and early births. The items go to sanitary landfills and are covered. 9. Local government, industry, utility providers, emergency services, volunteers, and the law. Some that are there that aren't exactly helping the situation is the the media. Whoever is there should be there to help completely and help rebuild. 10. I would say an active role in regulation and enforcement. This on top of education and lots of necessary communication technology would enhance the seriousness and cooperation of the regulator and regulated. In comparing prevention techniques, that takes time and a 20/20 view of history and documentation. Also, comparisons to similar incidents. 11. A lot of local regulation is left up to the airstrip authorities. Proper training and is a regulation if done right. I found where 3 CCR Division 6 regulates a local airstrip and it's chemicals very well with frequent monitoring and training. Around here though, no one cares and no one knows better. 12. Removal is the actual physical act of removing environmental hazards. Remedial is re-vamping or "remedy" to the problem, like new technology or treatment. 13. Any involvement in the release of hazards into the environment is seen as liability under CERCLA. 14. Not necessarily. It all depends on what the remedial action is. The one in Buffalo took a terrible and large brownfield to be used as a wind energy farm. Well, the wind people are certainly liable for "new" pollution. 15. It seems that the EPA has done a lot with USTs. There are several detailed actions for self-regulation and enforced regulation. Again, these facilities report to the network of gathered data and are required to follow the detailed assignments of the EPA.

Steven Hughes, Ch 9, Pt 2
steven hughes, Ch 9, Pt 2 - 8. King Hubert estimated when we would run out oil. Hubert’s curve represents the potential of the world’s fossil fuel reserves. If he is right and we run to low in 70 years I don’t think that we will be ready for it. There could be massive wars fought as energy resources become less abundant. Potentially even global scale nuclear wars. 9. I would like to think all potential renewable energy resources would see massive development soon. I think that the biomass option will be exploited first. Biomass is a resource that we have an abundance of. Gasification of biomass also seems promising as a way to use biomass outside of burning raw materials like wood to heat water. Burning biomass would continue to contribute to the build up of greenhouse gases but through carbon sequestration we could possibly keep the potential contribution to a minimum. With fossil fuel combustion we are adding carbon to globe without equally removing. 10. Our current president is an oil guy. The oil lobby is the most powerful lobby in the nation if not the world. We continue to use the oil resource because oil companies want us to. We also continue to buy foreign oil because our current president’s family has been linked to oil families of the Middle East. The oil companies and oil producing nations do not lead us to believe that oil is a finite resource because they do not want to potentially lose profits to alternative energy resources. 11. Fuel cells use hydrogen gas as a fuel. The major problem with fuel cells is that the energy required to obtain hydrogen gas is so high that it is not anywhere near being a feasible fuel resource. Today hydrogen gas is made from methane. Even though the emissions of a fuel cell are water vapors the energy required to get the fuel pollutes far more than the energy rendered is worth. Bush is pushing hydrogen fuel because oil companies make up the largest researchers of hydrogen technology today.

Steven Hughes, Ch 9, Pt 1
Steven Hughes, Ch 9 - 1. Nixon started our government’s policy towards energy regulation. Ford adopted a policy of conservation. Ford also sought to try and avoid future energy crisis by establishing the petroleum reserve. Carter brought environmental concerns into his energy policy. Carter helped control petroleum prices. Carter also devoted money to develop new energy resources. Reagan’s policy on energy was one that encouraged Americans to consume without fear of running out. Reagan decreased budgets and tax incentives for development of alternative energy resources and more efficient use of current energy supplies. Bush Sr. set up goals to decrease the government’s use of energy over time. Bush Sr. encouraged conservation and also set up rules and regulations of fuel labeling and efficiency. Clinton furthered Bush Sr.’s government conservation as well as implementing consumer conservation plans through technology and public awareness. Bush Jr. has adopted a two-faced energy policy. Bush Jr. has encouraged more development of current energy consumption and also development to some extent of new resources. 2. The EPAct has been called ambitious because of its far-reaching goals. Some of the goals of the act are to have state and federal government vehicle fleets be 75 percent alternative fuel. The act is not being enforced much today as we have adopted an energy policy which encourages continued consumption rather than conservation or development of new fuels. I work for a government agency and go to school at a state institution and neither one has a fleet of alternative fuel vehicles. 3. Americans have relied on coal as an energy source because of its abundance and low cost extraction. Although coal is not as clean or efficient as petroleum its abundance in America allows us to use it as a primary fuel source for energy production. Coal also allows us to be independent of foreign energy sources somewhat. 4. Coal poses a great threat to the environment and human health when burned. Coal fired plants are responsible for at least two thirds of all sulfide emission as well as a majority of carbon dioxide. President Bush is attempting to stimulate research into "clean coal" technology, which reduces the environmental impacts of burning our most abundant fossil fuel. 5. Petroleum poses similar threats to the environment as coal with its combustion emitting greenhouse gases. Petroleum also requires us to be dependent on foreign sources for fuel. It has been said that this foreign dependence is a security risk. Petroleum is also a fossil fuel, which means that it will run out. We are trying to develop technologies, which would lead to more efficient use of petroleum. Technologies are also being created that would lead to our dependence on alternative energy resources. 6. Nuclear energy seemed as though it could solve all our energy problems in the 1950s. This is not the case. Nuclear power plants don’t last as long as they were supposed to, they are not cheap to build or maintain either. The wastes produced from these plants pose serious threats to humans and ecosystems. The threat comes form the radioactive nature and its long half-life. Bush II is trying to revitalize the nuclear energy idea but the technology is still not to a point to make nuclear a fiscally responsible option. We still don’t know what to do with the waste either. 7. Alternative energy resources exist however since oil is still relatively cheap and our president is an oil guy they are not being explored to the level necessary for rapid development. Wind, solar, water, and biomass represent the best alternatives right now; there are also attempts to capture methane from landfills as well as the use of hydrogen fuel cells.

TESTS INFO
We'll have the 2nd test for environmental regulations Thursday evening at 6PM in Ca 227. No other times are available. Although we are scheduled for a 2nd test in ecology, that test will be postponed until we finish the population stuff (more on the date next week).

Environ. Regs. Ch 9 - Energy
Ch 9 Questions - 1. Identify and differentiate between energy policies (if any) of the Nixon, Ford, Carter, Reagan, Bush I, Clinton and Bush II administrations. What is the current energy "condition" in this country. Explain? 2. Why has the Energy Policy Act (EPAct) been called (by some) an ambitious piece of legislation? Is it being rigidly enforced at this time? Explain. 3. Discuss why we have come to rely so heavily on coal as an energy resource at so many times in history. 4. Explain the main problems associated with coal as a fuel and how we are trying to solve those problems. 5. Explain the primary problems associated with petroleum as a fuel and how we are trying to solve those problems. 6. Explain the primary problems associated with nuclear energy as a fuel and how we are trying to solve those problems. Why is it so difficult? Although the current administration is pushing this source, why are most people against more nuclear power plants? 7. What are the main sources of alternative (and renewable) energy? Why aren't we looking more at these sources to reduce dependency on foreign oil? 8. Who was King Hubbert? What is Hubbert's Curve? Even if it's off a little (+/- a few years), what are the implications for the globe? 9. Of the alternate energy sources, which do you believe, will see the most development? Explain. 10. Instead of developing true energy independence, what do you see behind our current energy "policy"? Why do we act like extractive energy will last forever? 11. What are fuel cells? What's wrong with fuel cells? The emission product is water vapor - a clean by-product. Where does the hydrogen come from? If there are problems, why is Bush II pushing the technology?

Steven Hughes, Ch 8, Pt 2
12. Removal actions are taken to rid an area of an acute hazardous threat such as taking leaking drums off site. The chronic risk that remains is dealt with by remedial action. Remedial actions are events that attempt to remedy the chronic hazardous threat from an area. 13. Very little involvement is required to be responsible for a chemical. The example in the book shows responsibility after only one hour of a company owning a disposal site. 14. If a company is granted immunity for the redevelopment of a Brownfield site then they will be more likely to develop in a community with a well established infrastructure capable of handling the new business. Immunity also prevents further land destruction for companies to locate. 15. Companies that have tanks that fail are subjected to large fines per day. I think that better technology needs to be developed to make underground tanks more reliable.

Steven Hughes, Ch 8, Part 1
1. One of the best solutions to waste production is to reduce the amount of resources put into products. Basically if less materials are used then less waste results. 2. Currently household and small generators of hazardous wastes are allowed to dispose into sanitary landfills. I think that this is a bad idea but I also recognize that the costs associated with total regulation of hazardous waste would prohibit the use of these materials all together. 3. I think that there should be more security at both locations. The reason behind this is because a breach in either landfill would possibly contaminate our air or our water. 4. EPA requires that a landfill guarantee that there will be no leaching of landfill material into the environment for up to 30 years post closure. Water monitors maintain this and gas monitors set up near the landfill. 5. CRECLA is called the Superfund because all the money and other resources needed to remedy a hazardous waste emergency are provided with this act. Calling CRECLA Superfund has been appropriate because the amount of money set aside for cleanup is very large, over 8.5 billion in 1986. 6. The Davis Timber Company superfund site is a pond that is polluted with dioxins near Hattiesburg Ms. It was finalized in July of 2000. The American Creosote Works Inc in Louisville Ms. Is listed due to shallow water contamination of creosote constituents. The Newsom Brothers site in Marion Co Ms used to be a wood products facility but now is abandoned and there are 600 surface drums with few contaminating surface ponds. 7. The community regulated by SARA title III is faced with an overwhelming amount of paperwork. This paperwork is the result of having to notify persons on all levels of society about chemicals present on the worksite. These notification requirements are different form other requirements set up by other hazardous chemical rules, for example rules from OSHA or the Clean Water Act. 8. A sanitary landfill is one that has a liner such as clay or plastic or both that prohibits the contents form leaching into the environment. Sanitary landfills also are required to have monitoring systems set up to evaluate the groundwater in order to detect leachate early. Gas monitoring stations are also set up to evaluate the amount of gases escaping into the atmosphere. These landfills must be capped with the same material as the liner and monitored long term. Hazardous waste landfills are required to have many redundant systems set up to prevent waste from coming into contact with the environment. These redundant systems include double walled containers set in lined areas. The closure of a hazardous landfill requires much planning and someone must remain responsible for the facility even after it closes. Our general yard waste usually goes to a sanitary landfill. 9. During emergency planning elected state and local officials, law enforcement, civil defense, firefighters, first aid, health, local environmental, hospital, DOT, TV and news media, community groups, and local owners must be present. This is the minimum I think school leaders and public works persons should also be present since they are usually directly connected to large portions of a community’s population. 10. You could compare the amount of spills prior to EPCRA to the amount of spills after the act. You could also compare the size of the spills as well as the amount of material liberated in the spill. You could also survey the community to gauge the preparedness and knowledge of potential hazardous emergencies. 11. Since the local crop dusters are end users of the chemicals they use and they don’t generally have the minimum amount of chemical required to notify the EPA only OSHA regulates them. The amount of waste they produce is less than the requirement to send to a hazardous landfill. Most of the chemicals they use are water-soluble and their label recommends onsite dilution for disposal. This is poor practice but they are not breaking the law just pushing it really close.

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