Download Restoring Ecosystems: Challenges, Characteristics, and Laws - Prof. Karen Holl and more Study notes Environmental Science in PDF only on Docsity! LEGISLATING RESTORATION I. Problems with legislating ecosystem restoration A. need to require that some minimum restoration efforts are made B. but, ecosystems are dynamic so need adaptive management C. very strict legislation can impede restoration and experimentation D. how to measure success of variable systems E. what time scale to consider II. Desirable characteristics for restoration legislation A. monitoring and feedback B. require that results are made available to other groups in order to facilitate future projects C. regional coordination D. peer review III. Approaches to environmental/restoration legislation A. Preventative legislation 1. Pollution control - Clean Air and Clean Water Acts 2. California Ballast water regulations B. Bonding - polluter responsible beforehand 1. Surface Mining Control and Reclamation Act 1977 2. Oil Pollution Act of 1990 C. Mitigation 1. As defined by the Council of Environmental Quality in 1978 mitigation is - example from Canter a. avoiding impact altogether by not taking a certain action or parts of an action b. minimizing impacts by limiting the degree or magnitude of the action and its implementation c. rectifying the impact by repairing, rehabilitating, or restoring the affected environment d. reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action e. compensating for the impact by replacing or providing substitute resources or environments 2. Pros and cons a. at least you’re doing something b. justifying destruction and we aren’t likely to get something as good D. Assigning blame after - Superfund - Comprehensive Environmental Response, Liability, and Compensation Act (CERCLA) 1. retribution to people who were harmed by toxic waste 2. clean-up of toxic waste 3. tax on chemicals to pay for sites where there’s no responsible party 4. problem with lawyers fees 5. problem with identifying who’s responsible - strict, joint, and several IV. Specific Legislation A. Coastal Wetlands, Planning, Protection and Restoration Act 1990, now Coast 2050 Act 1. provides federal funding (with state matching) for wetland restoration in Louisiana 2. have to be scientifically evaluated 3. planning group of local, state, federal government agencies, private groups and scientist prioritize project based on cost-effectiveness B. Surface Mine Control and Reclamation Act - SMCRA - 1978 1. Regulates coal surface mining in eastern (Appalachian Mtn.) and western US (Wyoming, Utah, Colorado) 2. Post bond and detail reclamation plan prior to mining 3. Different post mining land uses - e.g. forest, wildlife, golf courses 4. Success judged after 5 or 10 years and bond released if successful - balancing short-term and long-term needs 5. Primary criteria - restored topography, sufficient cover and number of trees, water quality 6. Research in SW Virginia C. Landfill restoration 1. Obstacles to landfill restoration a. shallow soil b. high gas concentrations c. poor drainage 2. Legislative requirements a. Require gas venting systems b. Prevent planting woody species because of possibility of roots penetrating cap - not well tested c. Liner below trash and cap above with relatively thin soil d. Leachate collection system e. Slopes no greater than 3:1 3. Research at Fort Ord D. NEPA - National Environmental Policy Act – 1969 (need a federal nexus), CEQA - California Environmental Quality Act
