Journals
Winter 2001 Vol. 41, No. 1
Scrap Tire Disposal: Three Principals for Policy Choice
Kelly M. Brown, Ronald Cummings, Janusz R. Mrozek, & Peter Terrebonne
Scrap tire disposal presents a challenging regulatory problem for many states. Proper disposal of scrap tires, either through recycling or legal landfill disposal, is difficult and costly. In an effort to address this issue, many states have chosen to develop scrap tire programs, often funded by special fees on the sale of new tires. These fees typically are used to clean up existing scrap tire piles and/or subsidize the development of markets for recycled tires. Currently, many states are in the position of evaluating the efficacy of their policies to determine if, and how, to continue funding such scrap tire programs. This article develops a set of arguments that results in three principles that can assist states in their design of scrap tire management programs. These principles give emphasis to the need for policy makers to fully understand the economic vulnerability of processors, distinguish between economic and technological limits in the expansion of uses for recycled rubber, and avoid premature sunsetting of scrap tire fees.
The Prudent Operator Standard: Applications beyond the Oil and Gas Lease
Gary B. Conine
Recent court decisions have determined that the joint operating agreement used by the petroleum industry contains implied duties arising from the notion that the operator must perform whatever actions are reasonable under the circumstances. This article concludes that the operating agreement should not be construed under rules associated with relational contracts, like the oil and gas lease, but under traditional rules of construction that recognize limits on the implied duties of the operator. It argues that particular attention must be given to the liability arrangements originally structured into the transaction by the parties.
The Role of Municipalities in Regulating the Land Application of Sewage Sludges and Septage
Ellen Z. Harrison& Malaika M. Eaton
Application of sewage sludges to agricultural lands is increasing. This use represents an economical disposal option and provides the benefit of recycling the nutrients and organic matter sludges contain. The practice, however, raises a number of concerns. Although the combination of federal and state regulatory requirements is significant in forming the initial base for sewage sludge management decisions, local regulations also play a part in seeking to protect the health, safety, and welfare of citizens, who may object to land application. The primary legal constraints that localities face are constitutional Commerce Clause challenges and conflicts with right-to-farm statutes.
The authority of a municipality varies from state to state. This article focuses on New York State, which has granted strong home rule to its municipalities. Examples of local ordinances and how they address particular concerns are described. Local ordinances vary widely in the issues and the level of detail they address. Issues addressed in local ordinances include human health risks, animal health risks, water quality, nuisance issues such as odor, liability and uncertainty, monitoring, and enforcement. They may impose restrictions on the type, amount, quality, or source of sludge. Some specify management practices, notification requirements, and additional monitoring beyond that required by federal or state rules. As a result of concern over the inability of state and federal agencies to provide consistent enforcement of rules due to staffing shortages, local ordinances frequently supply enforcement provisions. Local ordinances may also include fees to cover municipal costs.
An Organic Act after a Century of Protection: The Context, Content, and Implications of the 1995 Russian Federation Law on Specially Protected Natural Areas
David Ostergren
At the turn of the twentieth century, Russia began establishing protected natural areas for scientific research and to preserve both unique and typical ecosystems. Through time and perseverance by the conservation community, the protected area system has evolved into a multi-tiered system of nature preserves, forests, parks, monuments, and wildlife management areas designated by federal, regional, and local legislation. Each type of area serves a different role to preserve and protect areas for aesthetic, recreational, cultural, or ecological values. Fundamental to successful management and protection of natural areas is effective legislation that empowers authorities while reflecting the needs and desires of society. Until 1995, Russia (and the Soviet Union) lacked specific legislation delineating the missions and responsibilities of protected natural area staff and agencies. This article reviews a central piece of conservation legislation, in essence, an Organic Act, for nearly every type of protected natural area in the Russian Federation. The analysis is the result of archival research and a series of interviews with Russian experts in protected area policy. After placing the new legislation into historical context, the article describes the legislation and then discusses current policy debates that are unique to Russia but also typify the challenges and problems faced by many nations expanding the size, scope, and mission of their protected natural area systems.
Grand Canyon Visitors: The Challenges of Regulatory Schemes for Balancing Alternative Interests
Mary Riddel & R. Keith Schwer
The failure of the price system when faced with public goods and externalities is cited as the rationale for government intervention in the market. When government agencies step in to guide market forces, however, they may also fail, resulting in more resources being expended than necessary to achieve the desired outcome. Implied social losses from inefficient regulation have led many policy analysts to question the desirability of command and control approaches and suggest a move toward incentive-based strategies for environmental regulation. In this article, we suggest targeting initial regulatory reform to situations in which environmental externalities are reversible. Using a case study of the Federal Aviation Agency’s recent rulemaking surrounding commercial air tour limitations in the Grand Canyon National Park (GCNP), we provide an example of government failure resulting from command and control approaches to environmental regulation. We make a clear case that the costs of the proposed regulation outweigh the benefits to ground visitors to the GCNP. We suggest two different incentive-based strategies that could provide the same level of noise reduction achieved by the proposed quota system. Finally, we argue that because of the non-cumulative nature of noise externalities, the GCNP is an ideal setting in which to test the efficacy of incentive-based strategies for environmental control.
