In Different Tongues: Making Room for Cultural Differences in the Negotiated Rulemaking Process

2002 ◽  
Vol 7 (2) ◽  
pp. 209-233
Author(s):  
◽  
Keyword(s):  
Environmental Protection Agency ◽  
Cultural Sensitivity ◽  
The United States ◽  
Federal Agencies ◽  
Lessons Learned ◽  
Theory And Practice ◽  
Cultural Recognition ◽  
Negotiated Rulemaking ◽  
Indian Nations ◽  
The U.S

AbstractThis article explores the ethical impact of cultural recognition within the regulatory negotiation (reg-neg) process as it is currently being used by federal agencies in the United States. The authors use a blend of theory and practice to explore the ethical necessity, feasibility, and practicality of including cultural guidelines within the reg-neg process. Using the findings from extensive prior research on negotiated rulemaking at the U.S. Environmental Protection Agency (EPA) as a foundation, we illustrate the lessons learned from years of regulatory negotiations conducted by the pioneer of reg-neg. We then show how these lessons have been brought under an umbrella of ``cultural recognition'' within the consensus-based regulatory negotiation being used to improve relations between American Indian nations and the U.S. government. We discuss the ethical and practical implications of incorporating cultural sensitivity into the reg-neg process.

ESA Section 7: Time for a Refresh in the Pre-Spill Planning Consultation Process

2017 ◽  
Vol 2017 (1) ◽  
pp. 173-192
Author(s):  
Stacey L. Crecy ◽  
Melissa E. Perera ◽  
Elizabeth J. Petras ◽  
John A. Tarpley
Keyword(s):  
Endangered Species ◽  
Oil Spill ◽  
Environmental Protection Agency ◽  
The United States ◽  
Federal Agencies ◽  
Coast Guard ◽  
Service Agency ◽  
Consultation Process ◽  
Oil Spill Response ◽  
The U.S

ABSTRACT #2017-373 Federal agencies involved in oil spill response in the U.S. are required to comply with several environmental compliance laws. Where a Federal agency is operating in a way that may affect endangered species in the area, Section 7 of the Endangered Species Act (ESA) requires the agency to “consult” with the two Federal agencies responsible for protecting those species and habitats – the National Marine Fisheries Service (NMFS) and the United States Fish and Wildlife Service (USFWS). Following the Deepwater Horizon oil spill, nonprofit organizations filed several lawsuits against the U.S. Coast Guard (USCG) and the Environmental Protection Agency (EPA) (the “Action Agencies”) for failure to comply with the ESA during oil spill contingency planning. In one case, a settlement required the Action Agencies to consult with the NMFS and USFWS (together, called the “Services”) on the plan to use oil spill dispersants in California waters. Perhaps responding to these developments, several Regional Response Teams across the country initiated or made plans to review the status of their ESA Section 7 consultations. These efforts have varied in cost, scope, composition of agency representatives involved, and success in completing a consultation for a variety of reasons. There have been numerous challenges for USCG and EPA in meeting the ESA Section 7 consultation requirements for oil spill planning. First, the most recent framework for cooperation between the Action Agencies and the Services regarding consulting on oil spill planning and response activities is contained in an Interagency Memorandum of Agreement (MOA) signed in 2001. Although the agreement is still valid, some parts have been identified as outdated or in need of clarification. Secondly, there are no direct funding mechanisms or dedicated personnel assigned to the Action Agencies to work on pre-spill ESA Section 7 consultations. Third, recommendations and consultation outcomes can vary between Service agencies as well as internally within each Service agency due to a high level of regional autonomy. In 2015, the National Response Team (NRT) formed a new, interagency subcommittee to improve the Federal Action Agencies’ ability to comply with environmental laws such as the ESA with respect to oil spill response and pre-spill planning. A workgroup of the NRT Subcommittee was formed to specifically address pre-spill ESA Section 7 consultation processes. The workgroup includes regional and national representatives from the Action Agencies and the Services. In addition to strengthening relationships and understanding among the participating agencies, the workgroup has identified gaps in the 2001 MOA and is in the process of developing tools and templates on how to conduct pre-spill ESA Section 7 consultations to help fill some of the existing gaps. The workgroup ultimately hopes to facilitate the development of updated, complete, efficient, and consistent ESA Section 7 consultations across the nation.

Inventory of Constructed Wetlands in the United States

1994 ◽  
Vol 29 (4) ◽  
pp. 309-318 ◽  
Author(s):  
Donald S. Brown ◽  
Sherwood C. Reed
Keyword(s):  
Constructed Wetlands ◽  
Environmental Protection Agency ◽  
Municipal Wastewater ◽  
Subsurface Flow ◽  
Free Water ◽  
The United States ◽  
Lessons Learned ◽  
Design Approach ◽  
Location Type ◽  
The U.S

During 1990 and 1991 the U.S. Environmental Protection Agency (EPA) sponsored an effort to identify existing and planned constructed wetlands in the U.S., and to collect readily available information from operating systems. In addition to inquiries by telephone and mail, the effort included site visits to over 20 operating subsurface flow constructed wetlands. The inventory documented the presence of over 150 constructed wetland systems for wastewater treatment, including both free water surface (FWS) and subsurface flow (SF) systems. The majority of the systems identified were SF systems for treating municipal wastewater. FWS systems were separated into three groups based on the design level of effluent water quality. SF systems were separated into three groups based on the basic design approach. The inventory indicated that neither between nor within these groups was there consensus regarding basic hydraulic and engineering design criteria, system configuration, or any other aspect, such as type of vegetation, size and type of media, or pretreatment. Information on location, type of system, design approach, hydraulic and organic loading rates, costs, and other aspects is presented. Information gathered and "lessons learned" from the site visits are presented. Insufficient oxygen for nitrification appears to be a problem for both FWS and SF systems. Insufficient hydraulic design appears to be a problem for SF systems.

scholarly journals 2nd International Arctic Ungulate Conference

Rangifer ◽  
1996 ◽  
Vol 16 (2) ◽  
pp. 49
Author(s):  
A. Anonymous
Keyword(s):  
Population Dynamics ◽  
Behavior Genetics ◽  
Management Strategies ◽  
The United States ◽  
Research Unit ◽  
Federal Agencies ◽  
Lessons Learned ◽  
Ecosystem Level ◽  
Commercial Organizations ◽  
The University

The 2nd International Arctic Ungulate Conference was held 13-17 August 1995 on the University of Alaska Fairbanks campus. The Institute of Arctic Biology and the Alaska Cooperative Fish and Wildlife Research Unit were responsible for organizing the conference with assistance from biologists with state and federal agencies and commercial organizations. David R. Klein was chair of the conference organizing committee. Over 200 people attended the conference, coming from 10 different countries. The United States, Canada, and Norway had the largest representation. The conference included invited lectures; panel discussions, and about 125 contributed papers. There were five technical sessions on Physiology and Body Condition; Habitat Relationships; Population Dynamics and Management; Behavior, Genetics and Evolution; and Reindeer and Muskox Husbandry. Three panel sessions discussed Comparative caribou management strategies; Management of introduced, reestablished, and expanding muskox populations; and Health risks in translocation of arctic ungulates. Invited lectures focused on the physiology and population dynamics of arctic ungulates; contaminants in food chains of arctic ungulates and lessons learned from the Chernobyl accident; and ecosystem level relationships of the Porcupine Caribou Herd.

Abstract 16822: Dust Storms in the United States are Associated With Increased Cardiovascular Mortality

Circulation ◽  
2015 ◽  
Vol 132 (suppl_3) ◽  
Author(s):  
James L Crooks ◽  
Wayne Cascio ◽  
Madelyn Percy ◽  
Jeanette Reyes ◽  
Lucas Neas ◽  
...  
Keyword(s):  
Public Health ◽  
United States ◽  
Particulate Matter ◽  
Cardiovascular Mortality ◽  
Environmental Protection Agency ◽  
The United States ◽  
Dust Storms ◽  
Ambient Particulate Matter ◽  
Protection Agency ◽  
The U.S

Introduction: Extreme weather events such as dust storms are predicted to become more frequent as the global climate warms through the 21st century. Studies of Asian, Saharan, Arabian, and Australian dust storms have found associations with cardiovascular and total non-accidental mortality and hospitalizations for stroke. However, the only population-level epidemiological work on dust storms in the United States was focused on a single small metropolitan area (Spokane, WA), and it is uncertain whether its null results are representative of the country as a whole. Hypothesis: Dust storms in the United States are associated with daily cardiovascular mortality. Methods: Dust storm incidence data (N=141), including date and approximate location, as well as meteorological station observations, were taken from the U.S. National Weather Service. County-level mortality data for the years 1993-2005 were acquired from the National Center for Health Statistics. Ambient particulate matter monitor concentrations were obtained from the U.S. Environmental Protection Agency. Inference was performed used conditional logistic regression models under a case-crossover design while accounting for the nonlinear effect of temperature. Results: We found a 9.5% increase in cardiovascular mortality at a two-day lag (95% CI: [0.31%,19.5%], p = 0.042). The results were robust to adjusting for heat waves and ambient particulate matter concentrations. Analysis of storms occurring only on days with <0.1 inches of precipitation strengthened these results and in addition yielded a mean daily increase of 4.0% across lags 0-5 (95% CI: [0.07%,20.8%], p = 0.046). In Arizona, the U.S. state with the largest number of storms, we observed a 13.0% increase at a three-day lag (CI: [0.40%,27.1%], p = 0.043). Conclusions: Dust storms in the U.S. are associated with increases in lagged cardiovascular mortality. This has implications for the development of public health advisories and suggests that further public health interventions may be needed. Disclaimer: This work does not represent official U.S. Environmental Protection Agency policy.

Field Decontamination and Triage in Chemical Emergencies

1987 ◽  
Vol 3 (1) ◽  
pp. 37-39
Author(s):  
Constance J. Doyle
Keyword(s):  
United States ◽  
Emergency Department ◽  
Environmental Protection Agency ◽  
Hazardous Materials ◽  
The United States ◽  
Protection Agency ◽  
Environmental Cleanup ◽  
Materials Handling ◽  
Toxic Materials ◽  
The U.S

Triage and rescue of casualties from accidents involving hazardous materials is a challenge for many emergency medical services (EMS) personnel. With very toxic materials, the untrained and unprepared rescuer may become a victim. In addition, few hospitals in the United States have decontamination units attached to their emergency departments and emergency department personnel may become exposed if the casualty is not decontaminated. Many environmental cleanup teams, including the U.S. Environmental Protection Agency (EPA) team, are well trained in materials handling but are not immediately available when a hazardous materials spill with personal injuries occurs.

The History of Mitigation in Death Penalty Cases

2020 ◽  
pp. 34-45
Author(s):  
Russell Stetler
Keyword(s):  
Death Penalty ◽  
The United States ◽  
Theory And Practice ◽  
Death Sentences ◽  
Eighth Amendment ◽  
Mitigating Factors ◽  
History Of ◽  
Definition Of ◽  
Effective Representation ◽  
The U.S

This chapter discusses how the theory and practice of mitigation have evolved over more than four decades, thereby helping to define the modern death penalty era in the United States. Prior to 1976, juries generally made death penalty decisions in a unitary proceeding. Juries then had unfettered discretion to impose death sentences, and the results were so arbitrary that in 1972 the U.S. Supreme Court struck down all the existing death penalty statutes. In 1976, the Court approved new statutes that guided jurors’ discretion. The Court required individualized sentencing in which jurors could consider mitigating factors based on the diverse frailties of humankind. This broad definition of what might inspire juries to reject death was elaborated in succeeding decades in a series of decisions relying on the Eighth Amendment. Social workers and other nonlawyers became critical members of multidisciplinary capital defense teams providing effective representation under the Sixth Amendment.

The Inclusion of Persons With Disabilities in U.S. Foreign Policy

2020 ◽  
pp. 104420732095976
Author(s):  
Valerie L. Karr ◽  
Ashley Van Edema ◽  
Megan McCloskey ◽  
Krista Geden ◽  
Jim Murphy ◽  
...  
Keyword(s):  
International Development ◽  
Peace Corps ◽  
The United States ◽  
Federal Agencies ◽  
Foreign Assistance ◽  
Persons With Disabilities ◽  
Department Of State ◽  
Assistance Programs ◽  
Accountability Measures ◽  
The U.S

Persons with disabilities living in developing countries look to the United States—the world’s largest contributor to Official Development Assistance (ODA) by volume—as a steadfast supporter of inclusion. This case study examined disability inclusion within the current policies and practices of four federal agencies responsible for either funding or executing U.S. foreign assistance activities. The agencies of interest were the U.S. Department of State (DOS), the U.S. Agency for International Development (USAID), the Peace Corps (PC), and the Millennium Challenge Corporation (MCC). Core areas of investigation were (a) agency disability policies and guidance, (b) the inclusion of persons with disabilities in foreign assistance programs, (c) the employment of persons with disabilities within federal agencies, and (d) physical accessibility of federal agencies. Key findings show that while some progress has been made in regard to the inclusion of persons with disabilities in U.S. foreign aid, a persistent lack of formal accountability measures impedes the inclusion of persons with disabilities diffusing responsibility and results within and across agencies.

Lessons Learned Siting and Successfully Processing U.S. DOE Radioactive Wastes Using a High Throughput Vitrification Process

2003 ◽  
Author(s):  
Robert E. Prince ◽  
Bradley W. Bowan
Keyword(s):  
The United States ◽  
Lessons Learned ◽  
Volume Reduction ◽  
Waste Form ◽  
High Level Waste ◽  
Hanford Site ◽  
High Level ◽  
Low Activity ◽  
The U.S ◽  
Ceramic Melter

This paper describes actual experience applying a technology to achieve volume reduction while producing a stable waste form for low and intermediate level liquid (L/ILW) wastes, and the L/ILW fraction produced from pre-processing of high level wastes. The chief process addressed will be vitrification. The joule-heated ceramic melter vitrification process has been used successfully on a number of waste streams produced by the U.S. Department of Energy (DOE). This paper will address lessons learned in achieving dramatic improvements in process throughput, based on actual pilot and full-scale waste processing experience. Since 1991, Duratek, Inc., and its long-term research partner, the Vitreous State Laboratory of The Catholic University of America, have worked to continuously improve joule heated ceramic melter vitrification technology in support of waste stabilization and disposition in the United States. From 1993 to 1998, under contact to the DOE, the team designed, built, and operated a joule-heated melter (the DuraMelterTM) to process liquid mixed (hazardous/low activity) waste material at the Savannah River Site (SRS) in South Carolina. This melter produced 1,000,000 kilograms of vitrified waste, achieving a volume reduction of approximately 70 percent and ultimately producing a waste form that the U.S. Environmental Protection Agency (EPA) delisted for its hazardous classification. The team built upon its SRS M Area experience to produce state-of-the-art melter technology that will be used at the DOE’s Hanford site in Richland, Washington. Since 1998, the DuraMelterTM has been the reference vitrification technology for processing both the high level waste (HLW) and low activity waste (LAW) fractions of liquid HLW waste from the U.S. DOE’s Hanford site. Process innovations have doubled the throughput and enhanced the ability to handle problem constituents in LAW. This paper provides lessons learned from the operation and testing of two facilities that provide the technology for a vitrification system that will be used in the stabilization of the low level fraction of Hanford’s high level tank wastes.

The U.S. Federal Market as an Early Adopter of SMRs

2014 ◽  
Author(s):  
William J. Barattino ◽  
Scott Foster ◽  
James Spaulding
Keyword(s):  
Federal Government ◽  
Department Of Defense ◽  
Prime Power ◽  
The United States ◽  
Federal Agencies ◽  
Military Bases ◽  
Private Ownership ◽  
Early Adopter ◽  
Energy Usage ◽  
The U.S

The Federal Government accounts for about 2% of energy usage within the United States, with electricity accounting for approximately one-fifth of this usage. The Department of Defense (DOD) is the largest energy consumer across all Federal Agencies, accounting for nearly half of total use and has implemented programs to assure sustainable energy supplies for meeting mission critical operations. As prototype systems of Small Modular Reactors mature during the remainder of this decade, there is growing interest at senior levels of government to use the secure confines of military bases for electricity generated with SMRs to service power requirements of the DOD base and possibly the surrounding communities. This paper explores the potential for using DOD as an early adopter of SMRs from perspectives of the size of the market and adaptability of the current procurement process for private ownership of SMRs on military bases. Such an approach is shown to be consistent with DOD Sustainability objectives, as well as ensuring a continuation of the projected erosion of diversity mix for prime power generation within the U.S. A review of contract types for energy services are evaluated from the perspective of including SMRs. Required modifications for SMRs to be a part of this energy mix for Federal Agencies are presented.

scholarly journals “Back to the Future”: Time for a Renaissance of Public Health Engineering

2019 ◽  
Vol 16 (3) ◽  
pp. 387
Author(s):  
Richard J. Gelting ◽  
Steven C. Chapra ◽  
Paul E. Nevin ◽  
David E. Harvey ◽  
David M. Gute
Keyword(s):  
Public Health ◽  
Native American ◽  
Alaska Native ◽  
Environmental Protection Agency ◽  
Large Scale ◽  
Public Health Practice ◽  
The United States ◽  
Modern World ◽  
Positive Health ◽  
The U.S

Public health has always been, and remains, an interdisciplinary field, and engineering was closely aligned with public health for many years. Indeed, the branch of engineering that has been known at various times as sanitary engineering, public health engineering, or environmental engineering was integral to the emergence of public health as a distinct discipline. However, in the United States (U.S.) during the 20th century, the academic preparation and practice of this branch of engineering became largely separated from public health. Various factors contributed to this separation, including an evolution in leadership roles within public health; increasing specialization within public health; and the emerging environmental movement, which led to the creation of the U.S. Environmental Protection Agency (EPA), with its emphasis on the natural environment. In this paper, we consider these factors in turn. We also present a case study example of public health engineering in current practice in the U.S. that has had large-scale positive health impacts through improving water and sanitation services in Native American and Alaska Native communities. We also consider briefly how to educate engineers to work in public health in the modern world, and the benefits and challenges associated with that process. We close by discussing the global implications of public health engineering and the need to re-integrate engineering into public health practice and strengthen the connection between the two fields.

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