Growthism and the Green Backlash

Recent years have seen the growth of a 'green backlash' movement which has argued against 'the myths of environmentalism'. Many environmentalists have pointed out the political motivation and factual errors in much of these arguments. But what has not been given much attention is their underlying philosophy. To look at this is to find an ideology, related to neoliberalism, which we might call 'growthism'; based on a utopian faith in the inevitability of endless material growth, this is animated by a revolt against the very idea of limits. This faith has a potent influence on contemporary politics, which we can best see in relief: as today the only serious challenge to the neoliberal hegemony over electoral politics comes from environmentalism, so we can see revealed in the green backlash the utopianism of that unquestioned principle at the heart of all mainstream political debate - the commitment to economic growth.     

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).     

Identifying Manufactured Gas Plant Tar in the Environment Using Chemical Fingerprinting

The United States Environmental Protection Agency (EPA) estimated that 3,000 to 5,000 manufactured gas plants (MGPs) were constructed in the United States (EPA, 2000). Companies located their MGPs near urban waterways due to the close proximity to cheap condensing liquid (water), improved site drainage, and easy access to delivery channels. However, these site selection criteria were shared by other industries, many of which generated PAHs or handled tar. Contemporary environmental forensic investigations must draw upon a detailed understanding of the relationship between MGP history and tar chemistry in order to differentiate between different types of MGP-derived tars and non-MGP impacts. This article describes the history of MGP operations in the U. S. and how chemical fingerprinting can aid in unraveling liability associated with MGP legacy sites.     

Unsecured lending and the indigenous economy in Australia and South Africa

Consumer credit is closely regulated in both Australia and South Africa. Nevertheless, unsecured lending often results in financial hardship in low‐income communities. One aspect of this picture is the impact of the consumer debt burden on the Indigenous economy, which is disproportionately affected by poverty in both countries. Here we juxtapose the comparative regulatory regimes and then contextualize the law using an inter‐disciplinary account of each Indigenous economy. We find through this law‐in‐context comparison that neither Australia nor South Africa has fully resolved the problem of Indigenous financial hardship. This mutual failure is confirmed by the recent Kobelt decision of the High Court of Australia and the drastic measures enacted in the South African National Credit Amendment Act 2019. One positive lesson that South Africa provides is that accommodating the Indigenous economy in financial regulation can promote and empower that sector.