the expression “where you stand depends on where you sit” takes on a new dimension when one considers the complexity of environmental conflict. environmental conflicts, some of the most contentious of our time, take place within a complex and dynamic “context” that can influence disputing parties' perceptions of the conflict and each other, and may alter the conflict in dramatic ways. in other words, where you “stand” with regard to a particular environmental conflict will be influenced by where you “sit” in terms of the particular context surrounding the conflict. context, for our purposes, is the complex and dynamic “setting” in which the conflict occurs.

Currently, a number of different federal, state, and local definitions of brownfields are in use. I argue here that two types of definitions are required. The first is a broad, universally agreed upon conceptual definition that will permit the creation of brownfield inventories for resource allocation and federal funding purposes and will inform individuals of potential health hazards in their communities. The second type of definition, which assumes the underlying conceptual definition, specifies eligibility qualifications for particular programs. The conceptual definition should contain terms that are unambiguous, and should allow policy makers and practitioners wide latitude in addressing the dual nature of brownfields as both environmental and economic problems. A definition satisfying these criteria is provided in the 2001 Brownfields Revitalization and Environmental Restoration Act. In this article, I trace the evolution of the dual nature of brownfields and offer examples of the various meanings assigned to the term by state and federal entities. I then examine key distinctions made in various definitions and assess their appropriateness as components of a universal conceptual definition. Such a definition must remain true to the environmental and economic development concerns that gave rise to the term. Only the definitional elements central to these concerns should be included — i.e., the presence or potential presence of contamination and the complications this environmental condition presents for redeveloping a site. Further specifications should be relegated to eligibility definitions that designate legal and programmatic qualifications. The analysis indicates that the conceptual definition provided in the 2001 Act is superior to other definitions in use and should be adopted at all levels of government.

Public and regulatory agency scrutiny of large-scale infrastructure projects has grown in recent years. There is national attention on the issues of urban expansion and the preservation of open space and fragile ecosystems. This has made the substantive assessment of indirect impacts and cumulative effects an increasingly important component of environmental studies conducted under the auspices of the National Environmental Policy Act (NEPA). This article describes the NEPA assessment of indirect impacts and cumulative effects as conducted for the proposed Ohio River Bridges Project in the Louisville, Kentucky, metropolitan area. The project's size and complexity required the detailed study of many NEPA environmental issues. These issues included the range of alternatives to meet varied transportation needs, land use and community impacts, environmental justice concerns, aesthetics, potential effects on National Register historic properties and districts, water quality, wetlands, and threatened and endangered species, among others. The project captured the interest of local and regional residents, business and property owners, civic leaders, local interest groups, and national environmental organizations. In this article, three objectives are accomplished. First, the article presents an overview of indirect and cumulative effects analysis and the mandate to do them. Second, the article presents a seven-step assessment process for indirect impacts and cumulative effects. This method is adapted from Council on Environmental Quality (CEQ) guidance that identifies resources affected, other major actions, geographic limits and time frames for analysis, and the methods, tools, and techniques used to analyze each resource. And third, the article presents some of the results or specific outputs of the indirect and cumulative effects analysis (ICEA) for this important project and briefly discusses potential mitigation options that have been considered.

Environmental regulatory agencies are an important element in regulatory policy design and its implementation. In this regard, it is incumbent on them to enforce and monitor environmental regulations, as increased monitoring and inspections can increase compliance. The research presented here has identified a number of factors that impede effective monitoring and enforcement by environmental regulatory institutions in Ghana. I also propose that direct external control and the threat of punishment by regulatory agencies are not the sole mechanisms that motivate regulated organizations to work toward the attainment of environmental goals and objectives. In some instances, regulated organizations implement a policy of voluntary compliance in the service of their committed objectives. Furthermore, the watchdog behavior of local communities plays a crucial role in sensitizing mining firms about the impact of their activities on the environment. In this study, in addition to voluntary compliance, traditional authorities and other informal organizations have been effective in controlling and ensuring environmental compliance by mining organizations.

imagine two cities similar in many respects—size, socio–economic status, location—faced with an environmental challenge. in one city, a fractious battle is observed among interest groups, while in the other, parties seem very effective at engaging in deliberations that yield possible solutions to the challenge. all else being similar, the difference might be the level of civic capacity in the two cities. this civic capacity is the focus of this article.

Environmental regulations have evolved and expanded in a variety of directions since the 1960s, and now include preventative measures such as Clean Air Act 112r Catastrophic Release Planning, and, under the Superfund Amendments and Reauthorization Act, State Emergency Response Commissions that have emergency planning responsibilities that address air contaminant releases through toxic chemical contingency and response plans. Information is available from many existing programs, both state and federal, that can be used to evaluate potential air releases, including the Toxics Release Inventory, Risk Management Plans, and spill reporting requirements. A study was conducted to evaluate whether there is any regulatory consensus that can be used by the Connecticut State Emergency Response Commission for hazardous materials release response planning and control strategies. Three distinct regulatory programs were evaluated to determine whether one group of chemicals, industry sector, or geographic area exhibited a greater magnitude of, or similar types of, air contaminant releases. Based on 1998 Envirofacts data, it was concluded that for Connecticut: (1) there were no predominant chemicals reported under the various regulations studied; (2) most air emissions of concern are permitted; and (3) there appear to be no regulatory redundancies regarding the chemicals reported. This may not be true for other states, however, and an assessment, by state, of air pollution regulations affecting industrial facilities can be useful for evaluating reporting requirements and eliminating duplicative efforts. Although significant trends were not identified in this study, the emergency response planning database has been increased, and Connecticut emergency planning professionals will be better able to define the potential effects of chemical releases.

The direct and indirect effects of the events of September 11, 2001, are widespread. One of the lesser-known indirect effects is a perceptible shift in federal agency compliance with the National Environmental Policy Act (NEPA). To avoid the dissemination of information thought to be of use to potential terrorists, some federal agencies have acted to limit the availability of NEPA documents after they have been released. Others have removed information deemed to be “sensitive” from NEPA documents prior to their public release. Still others have doubted the need for NEPA documents in particular circumstances, given “national security” implications. This article reviews the legal requirements regarding public disclosure of NEPA documents and the application of NEPA to actions involving national security, including the application of NEPA in emergency situations. In the author's view, actions other than full compliance with the terms of current regulations are not only ineffective, but also shortsighted.

Communities historically have had a difficult time understanding the scope and breadth of their brownfield situation. This lack of information has resulted in part from property owner reluctance to reveal contamination potential because of liability fears. Failure to inform creates a debilitating stigma effect, where properties and entire neighborhoods are avoided because of suspected but unknown contamination potential. In this article, I present a method with which communities can address the brownfield information gap while bypassing individual property owner objections by means of a creative combination of existing formal and informal government records. Using assumptions based on the United States Environmental Protection Agency's (USEPA) official definition of a brownfield, environmental, land use, and property tax information can be collected on an individual property basis. The resulting data will allow communities to develop a more comprehensive brownfields profile that will help reduce the stigma effect of suspected brownfields and further community–wide redevelopment efforts.

Like the National Environmental Policy Act (NEPA), state environmental policy acts are intended to incorporate consideration of environmental impacts into governmental decision making. This article reviews and compares environmental policy acts in Massachusetts, Connecticut, North Carolina, and Washington State with NEPA in order to assess differences between the various policies. The review focuses on three aspects of the national and state environmental policy acts: jurisdiction, documentation of impacts, and public participation. Jurisdiction varies among the states based on what is considered to be a governmental action, but even states with broad jurisdiction lack the ability to directly enforce mitigation or other commitments made in environmental impact assessments. The general features of state impact documentation are similar and are clearly modeled after NEPA; however, the amount of detail required in the documentation varies among states. Public participation requirements are largely discretionary; only two of the states have mechanisms in place that enable the public to require a hearing as part of the process. The use of the Internet for providing public notice is common to all environmental policy acts reviewed here, but it should remain coupled with more traditional forms of public notice to reach the widest possible audience.

Land contamination imposes a wide variety of different types of financial, environmental, and social costs, some of which may be experienced by individuals and organizations located far from any brownfield sites. The better these diverse costs are understood and recognized, the more prepared public sector managers will be to make choices about economic development efforts and other subsidies that may minimize them. This article examines two distinct sets of costs, which need to be compared with respect to how they accrue to the citizens of different political units so that decision makers can determine their most appropriate courses of action: (1) status quo costs& mdash; those associated with not mitigating and redeveloping brownfields, including lost real estate and business tax revenues, decreasing densities and their costs, and the public health and pollution mitigation costs associated with ignoring sources of contamination; and (2) mitigation costs — those associated with redevelopment efforts, including site assessments, actual mitigations, redevelopment, and possible post–remediation monitoring and maintenance. In both instances, I disaggregate costs and point to some of the less direct impacts and spillover effects that need to be considered. I then consider the parties that may be likely to bear these economic burdens — and highlight the fact that even urban brownfields are not exclusively a “city problem.” I conclude with evidence from the public record on the efficiency of brownfield subsidies, and review the economic rationale for public sector brownfield programs as a key element of economic development efforts.

economists by training, the authors of environmental conflict: in search of common ground offer a fast–moving and far–reaching analysis of current environmental debates — from global warming to biodiversity loss to industrial pollution. j. j. pompe and j. r. rinehart propose economic theory as an indispensable framework for understanding environmental policy decisions. by defining environmental degradation as an essentially economic problem, the authors set out to “demystify economics” as it applies to environmental decision making—which, like all decision–making processes (in their view), is fundamentally shaped by human choice and responses to change. peppered with popular analogies, from star wars to the extinction of the passenger pigeon, the lively style reflects the authors' intention to apply economic principles in lay terms, making it a useful introductory text to the field of environmental economics, especially at the undergraduate level.

NEPA practitioners are keenly aware of Title I, Section 102 of the National Environmental Policy Act (NEPA), especially its references to using a systematic, interdisciplinary approach to environmental assessment. Most NEPA practitioners are also knowledgeable about Title I, Section 101, which stresses the importance of preserving historic, cultural, and natural resources, and of achieving a balance between population and economic growth and resource use. Few of us, however, are aware of the nobler aspects of Section 101 that emphasize our responsibility as trustees “to create and maintain conditions under which man and nature can exist in productive harmony,” not only for the present, but “for succeeding generations.” This article has three objectives. First, it traces the evolution of our environmental awareness by describing the social and cultural motivations that led this country to enact NEPA and other federal environmental laws. Second, the article assesses where our profession is today after 30-plus years of NEPA—for example, its effectiveness in protecting the environment and maintaining diversity of species. Third, the article looks ahead into the new century and speculates what will be required of us as environmental stewards, not only technically but also socially and emotionally, to meet environmental challenges—for example, the challenge of natural disaster impact assessment. The article suggests in part that there is a resonance in the natural world that can strike a chord within our beings that not only enlivens our spirits, but also stirs our imaginations and stimulates our highest creative efforts. To achieve the above objectives, the article journeys through 30 years of literary writings—from Roethke's The Far Field (1964) and Carson's Silent Spring (1962) and The Sense of Wonder (1965), to Oliver's American Primitive (1978), House of Light (1990), and West Wind (1997), and Steingraber's Living Downstream: An Ecologist Looks at Cancer and the Environment (1997).

On January 11, 2002, President Bush signed the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) into law — nearly eight years after the first brownfield bill was introduced into Congress. For the first time, “brownfield” is defined in statute as all “. . . real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.” The new law makes it easier for communities and site owners to promote site cleanup and revitalization; gives states new resources — and new responsibilities — in the cleanup process; and clarifies liability concerns for innocent parties, prospective purchasers, and adjoining property owners who did not have a hand in the contamination and who cooperate in its cleanup. The new law more than doubles the United States Environmental Protection Agency's (USEPA) pilot brownfield program, authorizing $250 million per year (through 2006) for the effort; it also realistically expands the nature of activities that can be addressed with USEPA help to include tools like environmental insurance, which can leverage additional private support. In short, the new law will enable site reuse advocates to address contaminated sites in ways that are both environmentally responsible and economically feasible.

The National Environmental Policy Act (NEPA) is the basic national charter that establishes policy, sets goals, and provides a framework for comprehensive environmental planning. NEPA directs federal agencies to undertake an integrated environmental planning process that encompasses the totality of environmental resources. The NEPA process contains “action-forcing” mechanisms that prompt agencies to consult with other agencies possessing specialized expertise or regulatory jurisdiction over a potentially affected resource. Many of these consultations satisfy specific regulatory requirements through resource-specific regulations such as Section 7 of the Endangered Species Act and Section 106 of the National Historic Preservation Act. The case studies presented within this article are used to demonstrate a 9-step integrated process for integrating regulatory agency consultations and supporting studies with the completion of an Environmental Assessment (EA) or an Environmental Impact Statement (EIS). The three case studies (Case Study 1, a Supplemental EIS for the Meramec Regional Wastewater Treatment Plant; Case Study 2, an EA for a variety of water infrastructure improvement projects; and Case Study 3, an EA for the placement of an undersea cable within a National Marine Sanctuary) illustrate how regulatory agency consultations can be integrated into the NEPA process using this 9-step method. Implementation of the method ensures that (1) adequate planning, crucial project decisions, and environmental considerations are identified; (2) the chance of potential conflicts with regulatory agencies because of inadequate regulatory considerations is reduced; (3) timely and costly delays in the completion of the NEPA process are avoided; and (4) the NEPA process is streamlined to produce a legally defensible and comprehensive NEPA document.

Brownfields sites come in all sizes and locations. Some are viable projects simply due to market economics. Others are not as market friendly, the so-called second– and third–tier properties. Other sites may have little market value, but are desirable to put into community use such as parks and open space. Successful redevelopment requires the coordination of various interests, including the private sector, public officials, and the affected community. Brownfields transactions can range from simple to complex — this article presents an overview of potential players, their roles, and the skill sets that may come into play on any particular brownfields deal. The information presented here is intended to provide a broad–based background for environmental consultants desiring to be part of an effective brownfields redevelopment team.

In the early 1990s, the US Department of Energy (DOE) initiated a draft Environmental Impact Statement (EIS) for the Safe Interim Storage of Hanford Tank Waste (New Tank EIS) at the Hanford Site near Richland, Washington. The preferred alternative involved construction of up to six enormous high-level radioactive waste storage tanks, with a total projected price tag of $435 million. The need for additional storage space was considered urgent; project proponents had already decided on the final course of action and were adamant in pushing the project along a particularly aggressive construction schedule, as the project manager was determined to implement this project in record time. The project strategy was straightforward— merely document their decision in the EIS as quickly as possible and then get on with the job of constructing the new tanks!