Managing Future Liability At Petroleum Impacted Sites Through Proactive Strategic Environmental Baselining

An important consideration of any commercial and industrial property acquisition or divestiture—whether it is a single gasoline station or a suite of oil refineries—is the extant environmental conditions of the property(s) at the time of the transaction. Property sellers and prospective buyers each consider and negotiate how any existing or future liability associated with extant environmental conditions will be handled. In spite of this forethought and the agreed contract terms, future litigation over unanticipated environmental contamination remains a real possibility. Often precipitating future litigation are disagreements surrounding whether “newly realized” contamination is old (pre-sale) or new (post-sale). As a result, environmental forensic investigations are often faced with the issue of “age-dating” this newly discovered contamination in order to determine whether it was released pre- or post-sale. Age-dating contamination can be an inherently difficult task to perform and technically defend. Technical arguments between experts can be short-circuited if there was an irrefutable understanding of the nature of extant contamination that had existed at the time of the sale. Conventional environmental due diligence investigations (Phase I and II site assessments) fall short of providing this understanding. In this paper, we discuss Strategic environmental baselining (SEB), a cost-effective and pro-active form of environmental due diligence that incorporates a key component of environmental forensics, that is, advanced chemical fingerprinting using modified EPA Methods that are tailored for hydrocarbon fingerprinting. Sufficient sampling and advanced chemical fingerprinting performed at the time of a transaction (or, at least, properly archived samples analyzed in the future as needed) provides the evidence that eliminates the need to “age-date” contamination at some future date. Advanced chemical fingerprinting data also provides detailed characteristics of the extant contamination and thereby, helps distinguish “old” from “new” contamination, regardless of alteration of the chemicals of concern by weathering. Armed with this information both buyers and/or sellers can protect themselves in the event of any future claim(s).     

Vicarious Trauma in Judges: The Personal Challenge of Dispensing Justice

Symptoms of vicarious trauma, coping strategies, and prevention suggestions were investigated with 105 judges. Participants completed a self‐report measure developed for this study. The majority of judges (63%) reported one or more symptoms that they identified as work‐related vicarious trauma experiences. Female judges reported more symptoms, as did judges with seven or more years of experience. In addition, female judges were more likely to report internalizing difficulties, while judges with more experience reported higher levels of externalizing/hostility symptoms. Coping and prevention strategies were multi‐domain (i.e., personal, professional, and societal) and underscored the need for greater awareness and support for judges.     

DESISTING DISTANCE DECAY: ON THE AGGREGATION OF INDIVIDUAL CRIME TRIPS*

The distance-decay function suggests a spatial pattern of criminal activity whereby most crimes are committed nearer rather than farther from the criminals' own homes. Presumably, the farther away the target, the lower the chances of crimes. The reason usually offered for this general pattern is an individual one: The costs to the criminal in terms of time, energy, and money increases with distance. We contend that it may be misleading to draw inferences about individuals from the aggregated decay function because it conceals individual variations in ranges of operation. This argument is supported by data randomly generated by the computer that show that even when individual criminals increase their crime rate with increasing distance, a distance-decay function still emerges at the aggregate level. This is not to say that an individual-level distance-decay function does not exist, only that it must be demonstrated by data at the individual level because distance-decay effects can characterize aggregate behavior even in the absence of individual distance decay.     

STREET‐LEVEL BUREAUCRACY AND PUBLIC ACCOUNTABILITY

The concept of ‘street‐level bureaucracy’ was coined by Michael Lipsky (1980) as the common denominator for what would become a scholarly theme. Since then his stress on the relative autonomy of professionals has been complemented by the insight that they are working in a micro‐network of relations, in varying contexts. The conception of ‘governance’ adds a particular aspect to this: the multi‐dimensional character of a policy system as a nested sequence of decisions. Combining these views casts a different perspective on the ways street‐level bureaucrats are held accountable. In this article some axiomatic assumptions are drawn from the existing literature on the theme of street‐level bureaucracy and on the conception of governance. Acknowledging variety, and arguing for contextualized research, this results in a rethinking of the issue of accountability at the street level.