Papers by Yolanda Vanveen
Sierra Club Meeting, Portland, OR September 14, 2015-Featuring presentations from
Eric Essomba, C... more Sierra Club Meeting, Portland, OR September 14, 2015-Featuring presentations from
Eric Essomba, Congo Representative for the Environmental Investigation Agency and
Dan Rohlf, Professor of Environmental Law at Lewis and Clark College
Independent meeting notes prepared by Yolanda Vanveen
“Illegal logging is a crime. The money does not go to the citizens. The blood timber money goes to fuel illegal arms and the illegal trade of many endangered animals including gorillas and elephants. China and the U.S. are the major importers of illegal products. It is time for all countries to take responsibility and charge the companies responsible for illegally importing from Cameroon and the Congo for their crimes against nature. There are sustainable methods of timber harvesting that should be followed.”
Eric Essomba, Environmental Investigation Agency (EIA)
“The Lacey Act allows for the American criminal judicial system to charge companies for import violations
once illegal goods are imported and sold in the United States.” Dan Rohlf, Lewis and Clark College, Professor of Environmental Law
Bayelsa, Nigeria is an area with natural botanical beauty. A resort can be developed to not only... more Bayelsa, Nigeria is an area with natural botanical beauty. A resort can be developed to not only showcase the native plants of the area, but give the local people an opportunity to share their culture, foods, dances and music with international visitors. Social responsibility is easy to achieve if everyone benefits from the project. The resort can save areas for flora and fauna to live in their natural places as well as develop botanical gardens, community gardens and centers to share the culture of the local people.
When developing the resort, it is important to leave some natural areas untouched by development. If there are mountains or wetland areas they should be left for visitors to view the wildlife and plants native to the area. A natural sanctuary is important for sustainability.
Community gardens can provide the restaurants and local people with many types of fruits, vegetables, herbs and flowers. These gardens can be located next to the restaurants but also next to guest rooms so that visitors can pick fresh Papaya off of trees outside their door.
The GDP of a country includes the dollar value of product sales. It does not show the expenses of... more The GDP of a country includes the dollar value of product sales. It does not show the expenses of a future Superfund or the detrimental costs that the product has caused to the environment. It fails to consider the black market so comparing the GDP of two countries where an activity is legal in one country but not the other is misleading. Clean water is worth a value to a city if you compare it to replacement costs. It could be listed as an asset based on the estimated expenses to purchase the water if all of the local sources were not drinkable. A complete inventory of natural assets is needed. Oil that is not used and does not pollute local water tables is an incredible asset. If the oil is retrieved and it pollutes it would significantly reduce the GDP based on water replacement expenses. The oil would also be deducted from the assets and the pollution expenses would be deducted from the GDP for a more accurate approach.
The impact of policy and regulations on the labeling of organic foods directly influences the mar... more The impact of policy and regulations on the labeling of organic foods directly influences the markets for these resources from the top down. Imported products are not tested for chemicals or labeled. There are few environmental standards in their originating country. Many banned chemicals in the United States are used. There is a gap in government policies. It is illegal to use certain chemicals in food production in the United States. However, it is legal for consumers to eat imported produce covered in these banned chemicals. There is no monitoring of imports or GMOs for labeling information available to the public. The Federal Trade Commission fails to follow their mission in the case of GMOs or imports: “The FTC enforces federal consumer protection laws that prevent fraud, deception and unfair business practices.” Consumers are challenged to find accurate labeling since the words “natural” and “organic” are difficult to regulate.
The value of the land declines in specialist biodiversity because the rare species are eliminated... more The value of the land declines in specialist biodiversity because the rare species are eliminated. However, the plants are replaced by general species that survive equally well in the new milder mountain climate. There is more biodiversity in the area once the mountain flowers are pushed out by the many lower growing meadow flowers. To the extent that this substitution is possible, strong sustainability is maintained. There are plants for pollinators and more animals can live at higher elevations. Weak sustainability requires that future generations are given the opportunity to have the same level of well-being by maintaining a constant or increasing capital stock. Weak sustainability assumes that there exists some potential for substituting physical capital for natural capital. If we suppose that climate change diminishes the numbers of wildflowers in a mountanous region, it may be possible to provide the same services by planting flowers from lower elevations. The rare species would be moved to a higher elevation or a different area of the world where it could survive. The other option is extinction of that plant. The sustainability criterion holds that no future generations should be worse off than the current generation. Genetic repositories are essential if we are to save our endangered plants.
There are various processes including the NEPA, EFSEC, SEPA, CERCLA and Endangered Species Act th... more There are various processes including the NEPA, EFSEC, SEPA, CERCLA and Endangered Species Act that only use environmental data. Agencies may or may not consider economics when making decisions involving land use permits, wetlands, and flora and fauna issues. Regulations, statutes, permits, cap and trade, behavioral factors and tort law precedent also have separate processes that play an important part in environmental decisions. In order to incorporate timing, the decision rule must provide a way to compare net benefits received in different time periods. .
Generally speaking, the U.S. economy has achieved an efficient balance on a macroeconomic level i... more Generally speaking, the U.S. economy has achieved an efficient balance on a macroeconomic level in terms of consumer goods and environmental goods. The United States is a world leader in product innovation, manufacturing and marketing. The consumer goods market is the largest in the world. The measurement of consumer goods sales is important in the assessment of gross domestic product and in determining the health of the overall economy. Supply and demand is the economic model which explains how individuals and firms come together to make decisions on how to use resources. It suggests that there is a market mechanism which is very efficient. Environmental goods including renewable and clean energy, wastewater treatment, and pollution control continue to gain in market share. Unfortunately this balance between consumer goods and environmental goods does not address externalities including climate change and the fact that many of these consumer and environmental goods are purchased on credit cards. Citizens have suffered through the outsourcing of many industries to other countries as well as the decreasing value of property and the U.S. dollar.
It has been many years since U.S. lawmakers have managed to pass any major environmental legislat... more It has been many years since U.S. lawmakers have managed to pass any major environmental legislation. The current laws will continue to be updated to deal with future challenges such as loss of wetlands, species and natural disasters. The current laws that are not clear will be further defined by the Supreme Court as in SWANCC and Rapanos. Waterways that support migratory birds or areas with endangered orchids will be mapped and zoned as no development areas. Law and environmental policy will continue to make important progress, helping to protect the nation’s air and water, preserving and rebuilding many endangered species, preventing habitat destruction and creating a system for cleaning up toxic waste.
The destruction and the loss of small organisms such as bees, and the even smaller, soil-churning... more The destruction and the loss of small organisms such as bees, and the even smaller, soil-churning creatures such as worms and termites are leading to the downfall of “ecosystem engineers.” How can environmental law and policy effectively address this environmental problem? There are very few laws specifically that address the destruction of small organisms as a result of releases. Pesticides and antifungals are blamed for the destruction of bee colonies but there are many other toxins that damage small organisms. Pesticides are covered by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is a United States federal law that set up the basic U.S. system of pesticide regulation to protect applicators, consumers, and the environment. FIFRA does not protect small organisms. Most laws concentrate on human health effects. Laws do not consider the need for bees and other small invertebrates. New policies can effectively address small organism destruction with amendments to current laws that add small organism considerations.
Hypothetical Project:
A landowner in Maine reported to the United States Fish and Wildlife Depar... more Hypothetical Project:
A landowner in Maine reported to the United States Fish and Wildlife Department's (USFWS) Portland office that there is an endangered native orchid, Platanthera leucophaea, on his property and the planned highway could cause their extinction. A mitigation plan to offset possible highway project caused losses of the orchid species is needed. The USFWS is responsible for administering the Endangered Species Act. which provides in Section 7 (a)(2) that critical habitats be preserved. While destroying an endangered plant on private land is legal, destroying on federal land is unlawful. If federal funds are used to develop the highway and the activity is likely to harm the orchids, then the USFWS must ensure that federal funds are not being used to destroy a federally listed plant.
Ethically there should be regulation and systems in place so all citizens are protected from sign... more Ethically there should be regulation and systems in place so all citizens are protected from significant risks to human health and the environment where they live, learn and work. Unfortunately the ethics of the legal system as provided by the ABA do not protect the environment. The clients that are responsible for the pollution are protected through attorney client privilege. Legal expenses for winning toxic torts and regulatory fines that allow corporations to continue to pollute are just a cost of doing business. There is hope. The United Nations Environment Programme’s Green Economy Report demonstrates that green economies are a new engine of growth, generate decent jobs and are vital to eliminating persistent poverty,
CCD is a combination of factors, one of which is bioaccumulation and symbiotic effects of the per... more CCD is a combination of factors, one of which is bioaccumulation and symbiotic effects of the pervasive use of chemicals and pesticides in our society. Pesticides like Dinotefuran can directly be connected and should be banned. Finding less toxic natural alternatives is the answer. There has been success in France following a ban. In regions in France where the systemic pesticides were discontinued, the bees bounced back within a year. Neonictinoid pesticides affect bee's immune systems so a reasonable person could assume the higher incidents of diseases in bees could be contributed to their use. There are many factors leading to CCD as the resource sheet noted: Diseases were found in remaining bees in an affected colony including mites, bacteria, viruses but none were primary cause of CCD.
The largest challenge to effective adaptation on public lands including Glacier National Park is ... more The largest challenge to effective adaptation on public lands including Glacier National Park is the cascading effects of climate change that affects many aspects of ecosystems, including wildfire, invasive species, and animal migration. Resilience of species to adapt is the key to their capacity to adapt to stress and change. Active manipulation and intervention including assisted migration or colonization is essential to saving alpine species. Genetic repositories (botanical gardens) can save species for future generations and provide funding for our National Parks and can be modeled after South African National Botanical Gardens.
As of 2002, there were an estimated 2,200 polar bears in the South Beaufort Sea. Today there are... more As of 2002, there were an estimated 2,200 polar bears in the South Beaufort Sea. Today there are 900 animals remaining due to lack of ice platforms and warming waters. Platforms can be built to replicate natural ice platforms. They need places to rest and hunt if they are to survive. Polar bears have been found trying to get on to oil platforms. If oil platforms are to be their new habitat, shouldn’t platforms be designed as habitats? The logic used currently will cause the extinction of polar bears. Action is needed if we are to save the polar bear for future generations.
Everglades National Park has long faced challenges to the preservation of its natural resources b... more Everglades National Park has long faced challenges to the preservation of its natural resources because of warming rivers and seas, rising waters and surrounding water management infrastructure. A majority of the park’s 1.5 million acres lies below three feet of elevation and is exposed to the sea. Temperature increases and rising sea levels pose a significant predicament for the future ecological integrity of the park. Management of rare plant and animal species in coastal hammocks in Everglades National Park is a priority. Hammocks are isolated islands of trees, upland shrubs, and herbs found in the freshwater and coastal marsh habitats of the Everglades. There are species that will be displaced by rising waters and salt levels. Acquisition of suitable alternative natural and constructed habitats, genetic repositories and migration bridges are possible solutions to be considered in an adaption plan. There are adaption plans to follow from our federal agencies.
CERCLA was intended to provide a means for cleaning up hazardous waste sites and spills. CERCLA w... more CERCLA was intended to provide a means for cleaning up hazardous waste sites and spills. CERCLA works only when properties are lost in foreclosure or bankruptcy or sold to developers that must cleanup the property. CERCLA is of great assistance when taking a Brownfield and cleaning it up for resale or development purposes. However, CERCLA has clearly not made spills or dumping of hazardous substances in the Columbia River, for example, less likely through liability, enlisting business and commercial instincts for the bottom line in place of traditional regulation.
The lender liability rule was changed to add a secured creditor exemption. It gives the lender th... more The lender liability rule was changed to add a secured creditor exemption. It gives the lender the right to take certain actions such as responding to violations of law or releases of hazardous substances will not expose the lender to liability. The act continues to impose liability on lenders who arrange for the transportation of hazardous substances for disposal or treatment or to those who do not participate in remediation plans or do not initiate a sale of property once taking possession of a contaminated property.
. In tort law, joint and several liability is sometimes applied when there is more than one defen... more . In tort law, joint and several liability is sometimes applied when there is more than one defendant. In general, it means that all of the defendants are liable for the plaintiff's damages ("joint" liability) and that any one of them can be made to pay all of those damages ("several" liability), subject to the caveat that the plaintiff is not entitled to recover his or her damages more than once. Joint and several liability: In CERCLA cases a plaintiff may recover all the damages from any of the defendants regardless of their individual share of the liability. A claimant may pursue an obligation against any one party as if they were jointly liable and it becomes the responsibility of the defendants to sort out their respective proportions of liability and payment.
It should be noted that many CERCLA and Brownfield projects are intended to cleanup abandoned properties where there are no owners that can reimburse for expenses so joint and several liability is not at issue. There are, however, a number of ways that EPA may be reimbursed for costs they incur at NPL sites. First, states must pay for or reimburse EPA for ten percent of fund-lead costs incurred, and, second, when the state or a political subdivision of a state has a significant role in the pollution of the site, states must pay fifty percent or even more of the costs incurred by the fund.
Common law is the legal system that originated in England and is now in use in the United State... more Common law is the legal system that originated in England and is now in use in the United States. It relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statutory law legislation. Legal systems in Great Britain and the United States were originally centered around case law, or judge-made law. The term common law refers to judge-made law that is found in judicial opinions.State courts are responsible for most criminal cases, probate (involving wills and estates), most contract cases, tort cases (personal injuries), family law (marriages, divorces, adoptions), and cases that do not involve citizens or corporations in other states that can be addressed with state laws.
Our national parks and forests are the source of many fables and cultural history. White and blac... more Our national parks and forests are the source of many fables and cultural history. White and black wolves have been the source of many stories in Native American cultures. Grandmother's Creation Story and the Black and White Wolf story offer insight to human nature and responsible stewardship.
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Papers by Yolanda Vanveen
Eric Essomba, Congo Representative for the Environmental Investigation Agency and
Dan Rohlf, Professor of Environmental Law at Lewis and Clark College
Independent meeting notes prepared by Yolanda Vanveen
“Illegal logging is a crime. The money does not go to the citizens. The blood timber money goes to fuel illegal arms and the illegal trade of many endangered animals including gorillas and elephants. China and the U.S. are the major importers of illegal products. It is time for all countries to take responsibility and charge the companies responsible for illegally importing from Cameroon and the Congo for their crimes against nature. There are sustainable methods of timber harvesting that should be followed.”
Eric Essomba, Environmental Investigation Agency (EIA)
“The Lacey Act allows for the American criminal judicial system to charge companies for import violations
once illegal goods are imported and sold in the United States.” Dan Rohlf, Lewis and Clark College, Professor of Environmental Law
When developing the resort, it is important to leave some natural areas untouched by development. If there are mountains or wetland areas they should be left for visitors to view the wildlife and plants native to the area. A natural sanctuary is important for sustainability.
Community gardens can provide the restaurants and local people with many types of fruits, vegetables, herbs and flowers. These gardens can be located next to the restaurants but also next to guest rooms so that visitors can pick fresh Papaya off of trees outside their door.
A landowner in Maine reported to the United States Fish and Wildlife Department's (USFWS) Portland office that there is an endangered native orchid, Platanthera leucophaea, on his property and the planned highway could cause their extinction. A mitigation plan to offset possible highway project caused losses of the orchid species is needed. The USFWS is responsible for administering the Endangered Species Act. which provides in Section 7 (a)(2) that critical habitats be preserved. While destroying an endangered plant on private land is legal, destroying on federal land is unlawful. If federal funds are used to develop the highway and the activity is likely to harm the orchids, then the USFWS must ensure that federal funds are not being used to destroy a federally listed plant.
It should be noted that many CERCLA and Brownfield projects are intended to cleanup abandoned properties where there are no owners that can reimburse for expenses so joint and several liability is not at issue. There are, however, a number of ways that EPA may be reimbursed for costs they incur at NPL sites. First, states must pay for or reimburse EPA for ten percent of fund-lead costs incurred, and, second, when the state or a political subdivision of a state has a significant role in the pollution of the site, states must pay fifty percent or even more of the costs incurred by the fund.
Eric Essomba, Congo Representative for the Environmental Investigation Agency and
Dan Rohlf, Professor of Environmental Law at Lewis and Clark College
Independent meeting notes prepared by Yolanda Vanveen
“Illegal logging is a crime. The money does not go to the citizens. The blood timber money goes to fuel illegal arms and the illegal trade of many endangered animals including gorillas and elephants. China and the U.S. are the major importers of illegal products. It is time for all countries to take responsibility and charge the companies responsible for illegally importing from Cameroon and the Congo for their crimes against nature. There are sustainable methods of timber harvesting that should be followed.”
Eric Essomba, Environmental Investigation Agency (EIA)
“The Lacey Act allows for the American criminal judicial system to charge companies for import violations
once illegal goods are imported and sold in the United States.” Dan Rohlf, Lewis and Clark College, Professor of Environmental Law
When developing the resort, it is important to leave some natural areas untouched by development. If there are mountains or wetland areas they should be left for visitors to view the wildlife and plants native to the area. A natural sanctuary is important for sustainability.
Community gardens can provide the restaurants and local people with many types of fruits, vegetables, herbs and flowers. These gardens can be located next to the restaurants but also next to guest rooms so that visitors can pick fresh Papaya off of trees outside their door.
A landowner in Maine reported to the United States Fish and Wildlife Department's (USFWS) Portland office that there is an endangered native orchid, Platanthera leucophaea, on his property and the planned highway could cause their extinction. A mitigation plan to offset possible highway project caused losses of the orchid species is needed. The USFWS is responsible for administering the Endangered Species Act. which provides in Section 7 (a)(2) that critical habitats be preserved. While destroying an endangered plant on private land is legal, destroying on federal land is unlawful. If federal funds are used to develop the highway and the activity is likely to harm the orchids, then the USFWS must ensure that federal funds are not being used to destroy a federally listed plant.
It should be noted that many CERCLA and Brownfield projects are intended to cleanup abandoned properties where there are no owners that can reimburse for expenses so joint and several liability is not at issue. There are, however, a number of ways that EPA may be reimbursed for costs they incur at NPL sites. First, states must pay for or reimburse EPA for ten percent of fund-lead costs incurred, and, second, when the state or a political subdivision of a state has a significant role in the pollution of the site, states must pay fifty percent or even more of the costs incurred by the fund.