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The Journal of World Energy Law & Business Advance Access originally published online on March 15, 2010 The Journal of World Energy Law & Business 2010 3(2):140-165; doi:10.1093/jwelb/jwq002 This Article Full Text Full Text (PDF) Audios Audios All Versions of this Article: 3/2/140    most recent jwq002v2 jwq002v1 Alert me when this article is cited Alert me if a correction is posted Services Email this article to a friend Similar articles in this journal Alert me to new issues of the journal Add to My Personal Archive Download to citation manager Request Permissions Citing Articles Scopus Links Citing Articles via CrossRef Google Scholar Articles by Wagner, J. Articles by Armstrong, K. Social Bookmarking          What's this? © The Author 2010. Published by Oxford University Press on behalf of the AIPN. All rights reserved. Managing environmental and social risks in international oil and gas projects: Perspectives on compliance Jay Wagner and Kit Armstrong* The first 150 words of the full text of this article appear below.    1. Introduction   Background Oil and gas exploration and production (E&P) and associated energy infrastructure projects take place across the globe in a diversity of environmental and socio-economic settings from the Arctic to the humid tropics. Energy industry activities are also inherently complex and risky. They involve a variety of environment, health and safety (EHS) and social issues that need to be carefully managed alongside geologic, political and economic risk factors. Worldwide, stakeholders are demanding ever-higher levels of environmental and social performance from the industry. In addition to EHS concerns, a wide range of social issues, such as human rights, revenue management, ethics, governance and corruption, have become increasingly significant in terms of both perception and conduct of industry activities. As a result, oil and gas companies are being exposed

Precaution, environmental science, and preventive public policy Joel A. Tickner 0 Resenhas Island Press, 2003 - 406 páginas The "precautionary principle"-the idea that society should guard against potentially harmful activities even if some cause and effect relationships have not been fully established-has often been attacked for being unscientific. However leading scientists studying the issue have begun to make the case that the precautionary principle is in fact science based, and that it creates a need for more rigorous and transparent science in examining complex and uncertain environmental risks.Precaution, Environmental Science, and Preventive Public Policy is the first book to explore the role of science in developing a more precautionary approach to environmental and public health policy. The book brings together leading scientists, legal experts, philosophers, environmental health professionals, and environmentalists to offer a multi-disciplinary perspective on the controversial debate over science and precaution. The book:discusses the critical need for science in promoting sustainabilityoutlines the ethical imperative of a more precautionary science and the philosophical foundations of that new approachconsiders some of the ways in which the current conduct of environmental science works against precautionary policiesexamines how the role and use of science differs across cultures and political systemsprovides the components of an approach to environmental science that more effectively supports precautionary decisionsThe book also offers case studies that consider various types of uncertainty and sets forth a framework for evaluating and addressing uncertainty in decision-making.Contributors include Juan Almendares, Katherine Barrett, Kamaljit Bawa, Finn Bro-Rasmussen, Donald Brown, Theofanis Christoforou, Terry Collins, Barry Commoner, Carl Cranor, Stephen Dovers, David Gee, Elizabeth Guillette, Cato ten Hallers-Tjabbes, James Huff, Matthias Kais

Comparing environmental risks: tools for setting government priorities J. Clarence Davies 0 Resenhas Resources for the Future, 1996 - 157 páginas The budgetary squeeze occurring at all levels of government in the 1990s has made it obvious that the nation cannot address every existing and prospective environmental problem. Criticism of current programs focuses especially on the low levels of risk posed by many of the problems being subjected to regulation while more important problems may go unaddressed. Comparative risk assessment is increasingly advanced as the appropriate means for setting realistic priorities. Comparing Environmental Risks: Tools for Setting Government Priorities illuminates the increased efforts of the executive branch of the federal government to use risk assessment in its decisionmaking. While the U.S. Environmental Protection Agency pioneered the use of comparative risk assessment (CRA) in its programs and routinely uses risk assessments of individual pollutants, the agency has not made use of CRA throughout the full range of its activities. Nor has any other federal agency. The President's Office of Science and Technology Policy has sought the assistance of Resources for the Future in formulating methods to make broader use of CRA throughout the executive branch. RFF's Center for Risk Management commissioned background papers from leading experts on CRA for presentation at a meeting with federal regulatory officials in February 1994. Comparing Environmental Risks presents the papers of this workshop, revised to include input from the meeting. The book outlines the evolution of CRA and its surrounding controversy, summarizes lessons learned from past efforts at implementation, and identifies new ways for using CRA. Representing the state of the art on programmatic CRA, the methodological analyses andpractical recommendations contained in Comparing Environmental Risks will be invaluable to all public officials and other analysts faced with

Comparative risk assessment and environmental decision making Igor Linkov, Abou Bakr Ramadan 0 Resenhas Springer, 2004 - 436 páginas Decision making in environmental projects is typically a complex and confusing process characterized by trade-offs between socio-political, environmental, and economic impacts. Comparative Risk Assessment (CRA) is a methodology applied to facilitate decision making when various activities compete for limited resources. CRA has become an increasingly accepted research tool and has helped to characterize environmental profiles and priorities on the regional and national level. CRA may be considered as part of the more general but as yet quite academic field of multi-criteria decision analysis (MCDA). Considerable research in the area of MCDA has made available methods for applying scientific decision theoretical approaches to multi-criteria problems, but its applications, especially in environmental areas, are still limited. The papers show that the use of comparative risk assessment can provide the scientific basis for environmentally sound and cost-efficient policies, strategies, and solutions to our environmental challeng

Assessment and management of environmental risks: cost-efficient methods and applications Igor Linkov, José Palma-Oliveira 0 Resenhas Springer, 2001 - 440 páginas The management of environmental contamination requires decision makers to weigh existing risks against the potential effects of implementing environmental policies, considering both the benefits and disruptions that may result from different courses of action. The present book represents an major advance in the development and application of cost-efficient methods of risk assessment, especially under circumstances of budget constraints and in developing countries. The book explores the potential of risk assessment to act as a unified and unifying technique for addressing a wide range of environmental problems. A wide range of issues are discussed, ranging from specific and local studies through global decision and management frameworks. The approaches developed range from specific methods through widely applied public policies. The book shows that the use of risk assessment can provide the scientific basis for environmentally sound, cost-effective policies, strategies and solutions to our environmental challenges.

Environmental principles: from political slogans to legal rules Nicolas de Sadeleer 3 Resenhas Oxford University Press, 2002 - 433 páginas Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter pays principle, the preventive principle and the precautionary principle. The author examines the legal force of these principles and in the process offers a novel theory of norm formation in environmental law by unearthing new grounds of legality.

ENVIRONMENTAL MOVIES, ENVIRONMENT FILMS, ENVIRONMENTAL DVDs, HOLLYWOOD ENVIRONMENTAL MOVIES, MOVIES ABOUT ENVIRONMENTAL ISSUES

The environmental responsibility of business is to increase its profits (by creating value within the bounds of private property rights)\n\nPierre Desrochers\nProponents of corporate social responsibility (CSR) typically consider "business as usual" unsustainable. Building on historical evidence that long predates the modern environmental movement, the contrary case is made that the interplay of voluntary exchange, private property rights, and self-interest has generally resulted in the so-called "triple bottom line" (economic, social, and environmental) through more efficient use of materials and the continual creation of higher quality resources. However, because market processes continually eliminate less competitive firms and tend to concentrate business activities geographically, political pressure brought to bear by adversely affected vested interests often results in the creation of policies that cause greater environmental harm than would otherwise be evident. Environmental CSR proponents often misinterpret these government failures as market failures, and characteristically advocate policies that further distract firms from their core objective and resulting triple bottom line. The article concludes by arguing that the most promising path toward truly sustainable development lies in the unwavering pursuit of profitability within the bounds of well-defined and enforced private property rights

10 MAY 2010: ANALYSIS The Gulf of Mexico Oil Spill: An Accident Waiting to Happen The oil slick spreading across the Gulf of Mexico has shattered the notion that offshore drilling had become safe. A close look at the accident shows that lax federal oversight, complacency by BP and the other companies involved, and the complexities of drilling a mile deep all combined to create the perfect environmental storm. by john mcquaid It's hard to believe now, as oil from the wrecked Deepwater Horizon well encroaches on the Louisiana marshes. But it was only six weeks ago that President Obama announced a major push to expand offshore oil and gas drilling. Obama's commitment to lift a moratorium on offshore drilling reflected the widely-held belief that offshore oil operations, once perceived as dirty and dangerous, were now so safe and technologically advanced that the risks of a major disaster were infinitesimal, and managing them a matter of technocratic skill. But in the space of two weeks, both the politics and the practice of offshore drilling have been turned upside down. Today, the notion that offshore drilling is safe seems absurd. The Gulf spill harks back to drilling disasters from decades past - including one off the coast of Santa Barbara, Calif. in 1969 that dumped three million gallons into coastal waters and led to the current moratorium. The Deepwater Horizon disaster is a classic "low probability, high impact event" - the kind we've seen more than our share of recently, including space shuttle disasters, 9/11, and Hurricane Katrina. And if there's a single lesson from those disparate catastrophes, it's that pre-disaster assumptions tend to be dramatically off-base, and the worst-case scenarios downplayed or ignored. The Gulf spill is no exception. Getty Images/U.S. Coast Guard Fire boats battle the fire on the oil rig Deepwater Horizon after the April 21 explosion. The post-mortems are only beginning, so the precise causes of the initial

What is women's relationship with the environment? Is it distinct from that of men's? The growing literature on ecofeminism in the West, and especially in the United States, conceptualizes the link between gender and the environment primarily in ideological terms. An intensifying struggle for survival in the developing world, however, highlights the material basis for this link and sets the background for an alternative formulation to ecofeminism, which I term "feminist environmentalism." In this paper I will argue that women, especially those in poor rural households in India, on the one hand, are victims of environmental degradation in quite gender-specific ways. On the other hand, they have been active agents in movements of environmental protection and regeneration, often bringing to them a gender-specific perspective and one which needs to inform our view of alternatives. To contextualize the discussion, and to examine the opposing dimensions of women as victims and women as actors in concrete terms, this essay will focus on India, although the issues are clearly relevant to other parts of the Third World as well. The discussion is divided into five sections. The first section outlines the ecofeminist debate in the United States and one prominent Ino dian variant of it, and suggests an alternative conceptualization. The next three sections respectively trace the nature and causes of environmental degradation in rural India, its class and gender implications, and the responses to it by the state and grass-roots groups. The concluding section argues for an alternative trans-formative approach to development.

The Perfect Spill: Solutions for Averting the Next Deepwater Horizon By Robert Costanza, David Batker, John Day, Rusty Feagin, M. Luisa Martinez, Joe Roman National Oceanic and Atmospheric Administration (NOAA) f we refuse to take into account the full cost of our fossil fuel addiction-if we don't factor in the environmental costs and national security costs and true economic costs-we will have missed our best chance to seize a clean energy future." -President Barack Obama, Carnegie Mellon University, June 2, 2010 he continuing oil spill from the Deepwater Horizon is causing enormous economic and ecological damage. Estimates of the size and duration continue to escalate, but it is now the largest in U.S. history and clearly among the largest oil spills on record.1 s efforts to plug the leak and clean up the damages continue, it is not too soon to begin to draw lessons from this disaster. We need to learn from this experience so we can prevent future oil spills, reevaluate society's current trajectory, and set a better course. ne major lesson is that our natural capital assets and other public goods are far too valuable to continue to put them at such high risk from private interests. We need better (not necessarily more) regulation and strong incentives to protect these assets against actions that put them at risk. While the Obama administration's demand for a trust fund to compensate injured parties is appropriate, it arrived only after the fact. Common asset trusts and new financial instruments like assurance bonds would be better able to shift risk incentives and prevent disasters like the Deepwater Horizon. The Costs: Damages to Natural Capital Assets he spill has directly and indirectly affected at least 20 categories of valuable ecosystem services in and around the Gulf of Mexico. The $2.5 billion per year Louisiana commercial fishery has been almost completely shut down. As the oil extends to popular Gulf Coast beaches, the loss of tourism

Environmental risk assessment: quantitative measures, anthropogenic influences, human impact Ian Lerche, Walter Glässer 1 Resenha Birkhäuser, 2006 - 343 páginas This book deals with environmental and human risk problems caused by contamination from the perspective of real world applications with quantitative procedures. It includes risk methods for the discussion of environmental problems where data are sparse or fuzzy, as well as incorporating political, social and economic considerations in determining directions of remediation solutions for environmental contaminant problems. Furthermore, it highlights the impact of contaminants on human health, in some cases ultimately leading to death, as well as the anthropogenic exacerbation of natural processes.

Precautionary tools for reshaping environmental policy Nancy J. Myers, Carolyn Raffensperger 0 Resenhas MIT Press, 2006 - 339 páginas The precautionary principle calls for taking action against threatened harm to people and ecosystems even in the absence of full scientific certainty. The rationale is that modern technologies and human activities can inflict long-term, global-scale environmental damage and that conclusive scientific evidence of such damage may be available too late to avert it. The precautionary principle asks whether harm can be prevented instead of assessing degrees of "acceptable" risk. This book provides a toolkit for applying precautionary concepts to reshape environmental policies at all levels. Its compendium of regulatory options, detailed examples, wide-ranging case studies, and theoretical background provides both citizens and policymakers with the basis for acting on any issue in any situation-whether it's pesticide use at local schools or a new international regulatory system for chemicals. Precautionary Tools for Reshaping Environmental Policy describes the analytical and ethical bases of the precautionary principle as well as practical options for implementing it. It provides a "precautionary checklist" that can serve as a springboard for discussion and decisions. And it offers a variety of case studies that show the precautionary principle in action-from elk and cattle farming to marine fisheries, from the protection of indigenous cultures against bioprospecting to the restoration of the federal court system as a safety net for people harmed by products and chemicals. A hands-on interdisciplinary guide, the book demonstrates the advantages of a precautionary approach and addresses criticisms that have been leveled against it. For updates and more information on the precautionary principle at work, visit www.sehn.org/precaution.html by clicking on the link to the left.

Handbook of environmental risk assessment and management Peter Calow 0 Resenhas Wiley-Blackwell, 1998 - 590 páginas At the heart of environmental protection is risk assessment: the likelihood of pollution from accidents; the likelihood of problems from normal and abnormal operation of industrial processes; the likely impacts associated with new synthetic chemicals; and so on. Currently, risk assessment has been very much in the news--the risks from BSE and E. coli, and the public perception of risks from nuclear waste, etc. This new publication explains how scientific methodologies are used to assess risk from human activities and the resultant objects and wastes, on people and the environment. Understanding such risks supplies crucial information--to frame legislation, manage major habitats, businesses and industries, and create development programmes. Unique in combining the science of risk assessment with the development of management strategies. Covers science and social science (politics, economics, psychology) aspects. Very timely - risk assessment lies at the heart of decision making in various topical environmental questions (BSE, Brent Spar, nuclear waste).

On January 3, 1977, Howell Township, New Jersey closed its schools while scientists tested for dangerous levels of asbestos. After reports of unexplained ailments in some children, the parents of 4,500 elementary school children had threatened to boycott classes until the Board of Education removed asbestos-containing materials. Similar cases occurred across the country. In February, 1977, the New York Times reported that the child whose illness had been attributed to asbestos actually had mononucleosis. Was the reaction of parents and officials unwarranted? Did scientific evidence exist indicating that asbestos in schools caused children to become ill? Was all the relevant information - including the impact of their decisions on public policy in the future - considered? Environmental Public Health Policy for Asbestos in Schools addresses these questions by focusing on the development, institutionalization, and consequences of federal environmental policy for asbestos in schools. This unique and timely book explores the history of asbestos in schools and buildings and how this issue shaped the development of public health policy. Insight into past policy, including how, why, and who caused action to be taken, will enlighten and guide the scientific and regulatory communities in the future. The story of asbestos is a cautionary tale. Other toxic agents, such as lead, nitrogen dioxide and radon, could follow the same model as asbestos, raising similar questions. Written in a straightforward style, Environmental Public Health Policy for Asbestos in Schools explains technical concepts in language easily understood by non-experts. Understanding the factors and judgments involved in this issue gives insight into how the government - and society - perceives, assesses, and develops public health policy. « Menos

The precautionary principle and international law: the challenge of implementation David Freestone, Ellen Hey 0 Resenhas Kluwer Law International, 1996 - 274 páginas The precautionary concept has become intrinsic to international environmental policy, especially with the adoption, in 1992, of the Rio Declaration at UNCED. Principle 15 of that Declaration provides that:'In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. 'The challenge facing the international community is how to attain truly precautionary environmental policies. This challenge is one of changing perceptions as much as of changing institutions or technical mechanisms. It is a challenge to our way of viewing the world as much as to our views of the role of science, or the burden of proof. It also raises a question as to the role of legal and other regulatory instruments in implementing the precautionary principle. This question, however, lends itself to a multifaceted and multidisciplinary approach. It is in this context that the book develops a thematic rather than a sectoral (water, air, biodiversity, etc.) view of the topic and places the challenges faced by international law in a wider context.After an introduction to the origins and development of the precautionary principle, twelve chapters explore a selection of themes relevant to the implementation of the principle. Where the relationship between international, national and local policies is concerned, a new concept is introduced: glocalization . The book concludes with a synthesis of the opportunities for and constraints on the implementation of the precautionary principle, as identified by the various authors.

Risk Communication: A Handbook for Communicating Environmental, Safety, and Health Risks R. Lundgren, Andrea Mcmakin, Regina E. Lundgren, Andrea H. McMakin 7 Resenhas Wiley-IEEE, 2009 - 362 páginas A fully updated edition of the preeminent book on risk communication For more than a decade, Risk Communication: A Handbook for Communicating Environmental, Safety, and Health Risks has been a trusted compendium of strategies and guidance for effectively conveying risk information. Managers, scientists, engineers, students, communication specialists, healthcare professionals, agency representatives, and consultants in more than twenty countries have benefited from its contemporary, practical advice on what to do and what to avoid for successful risk communication. Now in its Fourth Edition, the handbook has been updated with expanded coverage of laws, approaches, messages, and technology-based applications such as social media, as well as all-new information on international risk communication. The handbook guides readers on: Understanding Risk Communication-Approaches to communicating risk; laws that mandate risk communication; constraints to effective risk communication; ethical issues; and principles of risk communication Planning the Risk Communication Effort-Determine purpose and objectives; analyze your audience; develop your message; determine appropriate methods; set a schedule; and develop a communication plan Putting Risk Communication into Action-Information materials; visual representation of risks; face-to-face communication; working with the media; stakeholder participation; and technology-assisted communication Evaluating Risk Communication Efforts-Why it's important to evaluate risk communication efforts; types of evaluation; and conducting the evaluation Special Cases in Risk Communication-Emergency risk communication and international risk communication Combining in-depth scientific underpinnings and the greatest breadth of information av

The ecological risks of engineered crops Jane Rissler, Margaret G. Mellon 3 Resenhas MIT Press, 1996 - 168 páginas What will it mean to have a steady stream of animal and microbial genes entering the gene pools of plants in wild ecosystems? Private companies and the federal government are pouring significant resources into biotechnology, and the major application of genetic engineering to agriculture is transgenic crops. This carefully reasoned science and policy assessment shows that the commercialization and release of transgenic crops on millions of acres of farmland can pose serious-and costly-environmental risks. The authors propose a practical, feasible method of conducting precommercialization evaluations that will balance the needs of ecological safety with those of agriculture and business, and that will assist governments seeking to identify and protect against two of the most significant risks. Rissler and Mellon first define transgenic plants and review research currently under way in the field of crop biotechnology. They then identify and categorize the environmental risks presented by commercial uses of transgenic crops. These include the potential of transgenic crops to become weeds or to produce weeds with transgene properties such as herbicide resistance that may require costly control programs. Plants engineered to contain virus particles may facilitate the creation of new viruses that can affect economically important crops. Looking at global seed trade, the authors discuss the relationship between commercial approval in the United States and environmental risks abroad. Of particular concern is the flow of novel genes into the centers of crop biodiversity, primarily in the developing world, that could threaten the genetic base of the world's future food supply. The authors conclude by reviewing the current status of U.S. regulations governing transgenic crops. They discuss the difficulties that this new terrain presents to regulators, a

Oxford University Press US, 2008 - 600 páginas Environmental harm is commonly associated with companies that extract, consume, and pollute our shared natural resources. Rarely are the 'unseen polluters,' the financiers that sponsor and profit from eco-damaging corporations, placed at the forefront of the environmental debate. By focusing on these unseen polluters, Benjamin Richardson provides a comprehensive examination of socially responsible investment (SRI), and offers a guide to possible reform. Richardson proposes that greater regulatory supervision of SRI will help ensure that the financial sector prioritizes ethically-based investments. In Socially Responsible Investment Law, he suggests that new governmental reforms should encourage companies to participate in socially responsible investments by providing a better mix of standards and incentives for SRI through measures that include redefining the fiduciary responsibilities of institutional investors to incorporate environmental concerns. By doing so, Richardson posits that corporate financiers, including banks, hedge funds, and pension plans, will become more accountable to the goals of ensuring sustainable development.

Symposium examines legal issues from BP oil spill Filed under Announcements, InsideUF (Campus), Top Stories on Thursday, September 9, 2010. GAINESVILLE, Fla. - Legal responses to the disaster caused by the BP Deepwater Horizon oil spill this summer are wide-ranging and varied, according to law professors from the University of Florida Levin College of Law who have been studying laws and policies that can determine liability for such environmental disasters. A symposium outlining the legal basis for responding to the oil spill will be held at 4 p.m. Thursday, Sept. 16, in the Martin H. Levin Legal Advocacy Center at UF's Levin College of Law. The public is invited. Symposium participants include six UF law faculty members, one UF sociology faculty member and six UF law students who have studied the legal structures governing follow-up decisions in the aftermath of the spill along the Gulf Coast. The symposium will examine: 1. Florida laws governing oil spills, including a comparison of laws in other states affected by the spill, which are Louisiana, Mississippi, Alabama and Texas; 2. Federal and admiralty laws relating to oil spills and recovery, including the Oil Pollution Act, which is the central authority on oil spills at the federal level; 3. Types of recovery that can include natural resource restoration, economic compensation for individuals, communities, and businesses, and punitive damages or fines; 4. The claims process established initially by BP and now administered by Kenneth Feinberg through the Gulf Coast Claims Facility; 5. Responses from commissions established by the State of Florida and by President Obama; and 6. Legislative actions that could assist oil spill victims. "We are in the initial stages of developing a legal framework for examining the law and policy issues that will be discussed throughout the region in the coming months and even years," said Jon Mills, who chairs UF law's Oil Spill Working Group and also serves on the univer