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THE POLLUTER PAYS PRINCIPLE and the REMEDIATION of LAND Emma Lees* Keywords: Contamination, Environmental Liability, Polluter Pa
THE POLLUTER PAYS PRINCIPLE AND THE REMEDIATION OF LAND Emma Lees* Keywords: contamination, environmental liability, polluter pays principle Abstract The Environmental Liability Directive attempts to provide a harmonising framework for liability for environmental damage within the European Union on the basis of the polluter pays principle. This article considers legislation in place in the Member States which sit alongside provisions based on the ELD. It shows that such regimes rely on different models for liability, which require, in turn, fundamentally different understandings as to how the polluter pays principle can work as a principle of liability. It considers provisions in place in Denmark, the United Kingdom, the Walloon Region, the Netherlands, and Germany. The differences between these systems are not differences of degree, nor are they mere technicalities, rather they represent a significant challenge not only to the goals of the ELD, but to the principles underpinning it. By undertaking a comparative analysis of these systems, it becomes clear not only that the ELD sits uncomfortably with these “parallel” provisions, but also that this discomfort is not only one of overlapping and complex legislative provisions, but rather one of underlying justification for liability. ‘The purpose of the Environmental Liability Directive (“ELD”) is to establish a framework of environmental liability, based on the ‘polluter-pays’ principle, to prevent and remedy environmental damage’ (European Commission, 2006, p. 1; A. Waite, 2006, p. 67). This goal is threatened by the variation in Member State liability for remediation of land which sits alongside the ELD in the Member States. When the legislation in Member States relating to contaminated land is examined, it becomes clear that the Member States prefer to extend liability beyond the liability of the polluter. -
Egan, Michael. "Subaltern Environmentalism in the United States: a Historiographic Review." Environment and History 8, No
The White Horse Press Full citation: Egan, Michael. "Subaltern Environmentalism in the United States: A Historiographic Review." Environment and History 8, no. 1 (February 2002): 21–41. http://www.environmentandsociety.org/node/3107. Rights: All rights reserved. © The White Horse Press 2002. Except for the quotation of short passages for the purpose of criticism or review, no part of this article may be reprinted or reproduced or utilised in any form or by any electronic, mechanical or other means, including photocopying or recording, or in any information storage or retrieval system, without permission from the publishers. For further information please see http://www.whpress.co.uk. Subaltern Environmentalism in the United States: A Historiographic Review MICHAEL EGAN1 Department of History Washington State University Pullman WA 99164-4030, USA Email: [email protected] ABSTRACT When a group of people is faced with both social and environmental subordina- tion, they are the victims of environmental injustice. This subordination is manifest in the disproportionate siting of environmental hazards in poor or minority communities and also in the inequitable distribution of ecological resources, both of which perpetuate the marginalisation of subaltern groups. At the heart of the environmental justice movement is a fight for the empowerment of subaltern groups, heretofore excluded from environmental decision-making. In recognising that the environmental health of their living spaces and families is critical to exacting any kind of improvement of their socioeconomic condi- tions, subaltern groups have added a dynamic new dimension to their social struggles. This counter-hegemonic struggle for ecological democracy is one of the fastest growing social movements in contemporary society, and requires the attention of environmental historians to situate it within the broader context of the history of environmentalism. -
Beyond Stewardship: Toward an Agapeic Environmental Ethic
Marquette University e-Publications@Marquette Dissertations, Theses, and Professional Dissertations (1934 -) Projects Beyond Stewardship: Toward an Agapeic Environmental Ethic Christopher J. Vena Marquette University Follow this and additional works at: https://epublications.marquette.edu/dissertations_mu Part of the Ethics in Religion Commons, Philosophy Commons, and the Religious Thought, Theology and Philosophy of Religion Commons Recommended Citation Vena, Christopher J., "Beyond Stewardship: Toward an Agapeic Environmental Ethic" (2009). Dissertations (1934 -). 16. https://epublications.marquette.edu/dissertations_mu/16 BEYOND STEWARDSHIP: TOWARD AN AGAPEIC ENVIRONMENTAL ETHIC by Christopher J. Vena, B.A., M.A. A Dissertation submitted to the Faculty of the Graduate School, Marquette University, in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Milwaukee, Wisconsin December 2009 ABSTRACT BEYOND STEWARDSHIP: TOWARD AN AGAPEIC ENVIRONMENTAL ETHIC Christopher J. Vena, B.A., M.A. Marquette University, 2009 One of the unfortunate implications of industrialization and the rapid expansion of global commerce is the magnification of the impact that humans have on their environment. Exponential population growth, along with growing technological capabilities, has allowed human societies to alter their terrain in unprecedented and destructive ways. The cumulative effect has been significant to the point that the blame for widespread environmental degradation must be pinned squarely on human shoulders. Because of our dependence on these systems for survival, the threat to the environment is a threat to human life. The root of the ecological crisis is found in human attitudes and behaviors. In the late 1960’s it was suggested that Christianity was a key source of the problem because it promoted the idea of human “dominion” over creation. -
A Citizen's Guide to Using Federal Environmental Laws to Secure
A Citizen’s Guide to Using Federal Environmental Laws to Secure Environmental Justice Copyright © 2002 Environmental Law Institute®, Washington, DC. All rights reserved. ISBN No. 1-58576-033-1. ELI Project No. 981624. An electronically retrievable copy (PDF file) of this report may be obtained for no cost from the Environmental Law Institute web site <www.eli.org>, click on “Publications” then “2002 Research Reports” to locate the file. [Note: ELI Terms of Use will apply and are available on site.] (Environmental Law Institute®, The Environmental Forum®, and ELR® – The Environmental Law Reporter® are registered trademarks of the Environmental Law Institute.) acknowledgement This project was supported by the Office of Environmental Justice of the U.S. Environmental Protection Agency under Assistance Agreement No. CR82675501. The views expressed herein should not be attributed to EPA nor should any official endorsement be inferred. table of contents Chapter 1. Introduction to Environmental Laws and Available Resources ...............................35 Environmental Justice Funding and Other Assistance for Public Participation. ..35 Other Grants . ......................... ......36 Introduction to Environmental Justice Issues.............1 Program Funding ..............................36 How Environmental Laws Can Help You to Protect Your Community ...............................3 How This Handbook Can Help You to Use Appendix A - Summary Descriptions of Selected Environmental Laws to Your Advantage...............4 Environmental Statutes..........................39 How This Handbook Is Organized, and What It Covers . 5 What This Handbook Does Not Cover.................6 Appendix B - Overview of Additional U.S. EPA Community Grant Programs .....................83 Chapter 2. Understanding the Players and the Laws Appendix C - Selected Other Environmental Justice Resources ...............................87 Identifying the Players..............................9 The U.S. -
Just Environmentalism
YALE LAW & POLICY REVIEW Just Environmentalism Brigham Daniels,* Michalyn Steele* & Lisa GrowSun*** Thirty years ago, the environmentaljustice movement emerged as a powerful critique of traditional environmentalism, which had largely ignored the distribution of environmental harms and the ways in which those harms were concentrated on the poor and communities of color. This Article calls for a similarly groundbreakingreimagination of both mainstream environmental policy and environmentaljustice: we argue that, to truly embrace justice, environmentalists must take account, not only of the ways that environmental harms uniquely impact vulnerable populations but also of the costs that environmentalprotection imposes on the most vulnerable among us. In this Article, we contend that both mainstream environmentalism and environmentaljustice have taken inadequateaccount of the costs and harms that environmental protection imposes on the vulnerable, particularlythe poor and communities of color. Drawingon examples from a wide variety of contexts-from the formation of nationalparks, to the protection of endangeredspecies, to regressive environmental taxes and regulations, to net metering policies that promote solar power-we demonstrate that there are many instances in which environmental Professor, BYU Law School. Associate Professor, BYU Law School. Professor, BYU Law School. The authors would like to thank Ann Carlson, Rob Verchick, Sarah Krakoff, Michael Pappas, Jim Salzman, Hari Osofsky, Holly Doremus, Blake Hudson, and the other participants at the Biannual Conference for the International Association for Scholarship on the Commons in the Netherlands, the Annual Environmental Justice Conference hosted by the Sydney Environment Institute in Australia, the UCLA Climate and Energy Workshop, and the Louisiana State University Conference on Emerging Issues at the Intersection of Energy and Coastal Environmental Hazards for their valuable feedback on the ideas in this Article. -
God, Nature, and Politics in Olivier Messiaen's <I>Des Canyons Aux Étoiles
University of Tennessee, Knoxville TRACE: Tennessee Research and Creative Exchange Masters Theses Graduate School 8-2014 Sonic Environmentalism: God, Nature, and Politics in Olivier Messiaen's Des canyons aux étoiles . Ryan James Taussig University of Tennessee - Knoxville, [email protected] Follow this and additional works at: https://trace.tennessee.edu/utk_gradthes Part of the Musicology Commons Recommended Citation Taussig, Ryan James, "Sonic Environmentalism: God, Nature, and Politics in Olivier Messiaen's Des canyons aux étoiles . .. " Master's Thesis, University of Tennessee, 2014. https://trace.tennessee.edu/utk_gradthes/2853 This Thesis is brought to you for free and open access by the Graduate School at TRACE: Tennessee Research and Creative Exchange. It has been accepted for inclusion in Masters Theses by an authorized administrator of TRACE: Tennessee Research and Creative Exchange. For more information, please contact [email protected]. To the Graduate Council: I am submitting herewith a thesis written by Ryan James Taussig entitled "Sonic Environmentalism: God, Nature, and Politics in Olivier Messiaen's Des canyons aux étoiles . .." I have examined the final electronic copy of this thesis for form and content and recommend that it be accepted in partial fulfillment of the equirr ements for the degree of Master of Music, with a major in Music. Rachel M. Golden, Major Professor We have read this thesis and recommend its acceptance: Leslie C. Gay, Jacqueline A. Avila Accepted for the Council: Carolyn R. Hodges Vice Provost and Dean of the Graduate School (Original signatures are on file with official studentecor r ds.) ! Sonic Environmentalism:! God, Nature, and Politics in Olivier Messiaen’s Des canyons aux étoiles . -
A New Approach for Environmental Justice Impact Assessment
UCRL-JC-123630 PREPRINT A New Approach for Environmental Justice Impact Assessment oc-CI Cory H. Wilkinson, Gregg P. Brumburgh and Thomas A. Edmunds, Lawrence Livetffiore»N4tfl Laboratory (LLNL); Douglas Kay, Science Applications International Corporation (SAIQ^ \aath special acknowledgement to Diane E. Meier, LLNL This paper was prepared for submittal to the National Association of Environmental Professionals (NAEP) 21st Annual Conference, June 2-6, 1996 Houston, Texas. March 1996 This is a preprint of a paper intended for publication in a journal or proceedings. Since changes may be made before publication, this preprint is made available with the understanding that it will not be cited or reproduced without the permission of the author. LLB421#v1.0(3/96) DISTRIBUTION OF THB DOCUMENT IS UNUNITED DLC- DISCLAIMER This document was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor the University of California nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or the University of California. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or the University of California, and shall not be used for advertising or product endorsement purposes. -
Anthrozoology and Sharks, Looking at How Human-Shark Interactions Have Shaped Human Life Over Time
Anthrozoology and Public Perception: Humans and Great White Sharks (Carchardon carcharias) on Cape Cod, Massachusetts, USA Jessica O’Toole A thesis submitted in partial fulfillment of the requirements for the degree of Master of Marine Affairs University of Washington 2020 Committee: Marc L. Miller, Chair Vincent F. Gallucci Program Authorized to Offer Degree School of Marine and Environmental Affairs © Copywrite 2020 Jessica O’Toole 2 University of Washington Abstract Anthrozoology and Public Perception: Humans and Great White Sharks (Carchardon carcharias) on Cape Cod, Massachusetts, USA Jessica O’Toole Chair of the Supervisory Committee: Dr. Marc L. Miller School of Marine and Environmental Affairs Anthrozoology is a relatively new field of study in the world of academia. This discipline, which includes researchers ranging from social studies to natural sciences, examines human-animal interactions. Understanding what affect these interactions have on a person’s perception of a species could be used to create better conservation strategies and policies. This thesis uses a mixed qualitative methodology to examine the public perception of great white sharks on Cape Cod, Massachusetts. While the area has a history of shark interactions, a shark related death in 2018 forced many people to re-evaluate how they view sharks. Not only did people express both positive and negative perceptions of the animals but they also discussed how the attack caused them to change their behavior in and around the ocean. Residents also acknowledged that the sharks were not the only problem living in the ocean. They often blame seals for the shark attacks, while also claiming they are a threat to the fishing industry. -
Squatting My Mind – Towards an Architectural Ecosophy
163 ISSN: 1755-068 www.field-journal.org vol.4 (1) Squatting My Mind – Towards an Architectural Ecosophy Catharina Gabrielsson Understanding ecology as “a widely-drawn category that encompasses objects and ideas, organic species and their habitats, inseparably linked 1 Andrew Ballantyne, Architecture together”,1 ecology clearly involves architecture on countless levels, by far Theory: a Reader in Philosophy and Culture (London, New York: exceeding the parameters of sustainable building technology that dominate Continuum, 2005) p. 36. conceptions of this field. Primarily addressing the ‘mental ecology’ of architecture – that is, how architecture is thought and constructed within the discipline – this article furthers an understanding of how occupancy has the power to undo central architectural concepts. Such an undoing is seen as a prerequisite for what Félix Guattari has denoted ecosophy – the ethico-political articulation between the three, interconnected ecological registers: that of the environment, of social relations and the realm of ideas. Considered within an ecological intellectual framework, notions of resistance, spatial appropriation and indeterminacy in architecture are seen to evolve as steps along the way in the urgent task of re-writing architecture’s ontology. It points towards an architecture of shifts and additions, of re-uses and re-inventions; an architecture that generously permits a variety of uses and a continuous production of meaning. 164 www.field-journal.org vol.4 (1) Fig 1. Squatters make the headlines. Catharina Gabrielsson. Shortly after the financial crisis struck London in the autumn of 2008, newspapers were flooded with reports on how a group of artists had invaded an empty eighteenth century property in Mayfair and had opened it to the public as a “non-hierarchical centre for knowledge and learning”, called ‘Temporary School of Thought.’ During a few winter months, in a neighbourhood dominated by embassies and offices, the house at No. -
Sustainability Toolkit
Sustainability Toolkit Environmental Justice Another public policy driver for corporate sustainability efforts is the growing global movement for greater environmental justice. This movement acknowledges that communities of color and socio-economically disadvantaged areas in the developed world and large portions of developing countries have suffered disproportionate environmental harm to benefit wealthier economies in the developed world. One definition of environmental justice (EJ) is as the “fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations and policies.” A corollary concept is the notion of climate justice, which responds to the concern that many nations and communities that are least responsible for the causes of climate change are often most vulnerable to its effects. The ideal of fair treatment for all dictates that no group of people should bear a disproportionate share of the negative environmental consequences that result from commercial or governmental actions or policies. In addition, all communities should have access to the wealth of ecological services that arise from proper environmental management – such as green spaces and clean air and water—as well as the numerous ways that businesses often help develop healthy, thriving communities. The complex history of discrimination and racism that has caused communities of color and the poor to be disproportionately affected by pollution may lie far outside a company’s direct sphere of influence. However, companies are facing increasing pressure from investors, employees, customers, and the communities in which they are located to align business strategies with efforts that promote environmental justice. -
Environmental Justice
ENVIRONMENTAL JUSTICE LANDSCAPE ARCHITECTURE a students’ guide version 1.3 This guide was written by three masters of landscape architecture students who wanted to learn more about how landscape architecture can promote social justice and equity through design. In 2016 we became the student representatives for the ASLA's Environmental Justice Professional Practice Network so we could better connect the important work of professionals, academics, and activists working towards environmental justice with students. This guide is a response to our own desires to educate ourselves about environmental justice and share what we learned. It is a starting-off place for students - a compendium of resources, conversations, case studies, and activities students can work though and apply to their studio projects. It is a continuously evolving project and we invite you to get in touch to give us feedback, ask questions, and give us ideas for this guide. We are: Kari Spiegelhalter Cornell University Masters of Landscape Architecture 2018 [email protected] Tess Ruswick Cornell University Masters of Landscape Architecture 2018 [email protected] Patricia Noto Rhode Island School of Design Masters of Landscape Architecture 2018 [email protected] We have a long list of people to thank who helped us seek resources, gave advice, feedback and support as this guide was written. We'd like to give a huge thank you to: The ASLA Environmental Justice Professional Practice Network for helping us get this project off the ground, especially Erin McDonald, Matt Romero, Julie -
The Weaving Wold of Deep Ecology and Textile Design
The Weaving Wold of Deep Ecology and Textile Design: Locating Principles of Sustainability at Austvatn Craft Central Malin Kristine Graesse Thesis offered for the degree of Master in History of Art Department of Philosophy, Classics, History of Art and Ideas Faculty of Humanities Supervisor: Professor Kjetil Fallan University of Oslo Spring 2017 II The Weaving World of Deep Ecology and Textile Design Locating Principles of Sustainability at Austvatn Craft Central III © Malin Kristine Graesse 2017 The Weaving World of Deep Ecology and Textile Design: Locating Principles of Sustainability at Austvatn Craft Central Malin Kristine Graesse http://www.duo.uio.no/ Print: Print-Shop. Oslo. IV Abstract In 1970, a social scientific research project, mapping the socio-political conditions of Nord- Odal municipality, put into effect their vision of a craft central that would offer employment, solidarity and community self-reliance. The project was named Austvatn Craft Central. With Austvatn Craft Central, traditions of home craft as supplementary income and potential for social betterment, was revitalized. This thesis seeks to locate principles of sustainability within the ideology and practise of Austvatn Craft Central, analysing the enterprise in light of the philosophy of Arne Næss and the ideas of William Morris. What seems to unite the philosophical assessment of Næss, the poetics of William Morris and the practical design endeavours of Austvatn Craft Central, is a deep-founded respect for nature. These principles might not have been explicitly articulated at Austvatn Craft Central, as they were by Morris and Næss—but the focus on local production, natural raw materials, respect for the local community, and the pursuit of re-orienting craft towards social responsibility, testifies to an understanding of interconnectedness and co-dependence—key concepts in both Morris and Næss.