环境刑法的生态本位论纲

要实现环境刑法基本理念的突破，亟需回归环境刑法应然的生态本位。一方面要主张环境刑法应以环境大生态的可持续存在和发展为目的，这有利于实现环境大生态的安全、公正、和谐等价值；另一方面要批判环境刑法的行政从属性，这有利于发挥环境刑法的生态保护作用。     

生态帝国主义与全球化

“全球化”是伴随着资本主义社会的兴起而开始其自身的发展历程的。全球化从一定程度上说是资本主义制度在全球的扩张，是资本主义的全球化，始终伴随着资本主义财富的积累和权力的增大。资本主义的经济、政治、文化在资本主义全球化的过程中起着重要作用，但同时，生态问题也是一个不容忽视的重要因素，生态帝国主义是资本主义发展的策略手段，是资本主义制度权力扩张的必然结果，也是推动资本主义全球化的重要力量，并且也在为资本主义向社会主义的转化积累着条件。该文试图从欧洲过去1000年的生态扩张历程和当前资本主义生态危机转移的角度来说明生态帝国主义在全球的扩张。     

Polycentric Systems and Multiscale Climate Change Mitigation and Adaptation in the Built Environment

Addressing climate change requires consideration of mitigation and adaptation opportunities at multiple spatial scales. This is particularly true in the built environment, defined here to include individual buildings, neighborhoods, and the spaces between. The current U.S. political environment portends fewer resources and coordinating services for mitigation and adaptation at the federal level, however, reinforcing the relevance and necessity of actions at subnational levels. In this study, we evaluate the applicability of a polycentric model of governance to the implementation of mitigation and adaptation practices, as well as the presence of polycentric systems in the built environment. We assemble a database of practices with the potential to achieve both mitigation and adaptation objectives, as well as those that may be cross‐purposed or that may achieve one but not the other. We review practices to gauge the applicability of a polycentric model of governance to mitigation and adaptation practices in the built environment, and examine the attributes of three existing adaptation and/or mitigation programs to assess the extent to which they exhibit polycentric attributes. We conclude with recommendations for a broader research agenda, including efforts to develop more in‐depth examinations into individual programs and comparative analysis of performances of different governance attributes.     

The Effects of Women Officeholders on Environmental Policy

Studies show that women and girls consistently demonstrate higher levels of concern for the environment than men and boys. Separately, research also indicates that women officeholders pay particular attention to the issues prioritized by their female constituents. Interestingly, despite the consistency of the gender gap in attitudes to environmental issues the literature has paid scant attention to the role of women officeholders in the adoption of environmental policy. The goal of this paper was to start to address that lacuna. Using pooled cross‐sectional time series analyses of environmental standards in 18 Western parliamentary democracies (1990–2012), our initial findings indicate women officeholders are associated with the adoption of higher environmental standards.     

Smokescreen Politics? Ratcheting Up EU Emissions Trading in 2017

The reform of the EU Emissions Trading System (ETS) adopted in November 2017 was surprisingly strong, given the previous opposition from central member‐states like Poland and key stakeholders like the energy‐intensive industries. The carbon price has also increased substantially since then. To explain why such major reform was possible, we present several findings with wider relevance. Importantly, all the actors pushing for a more ambitious reform benefitted from having a central, “second‐best” mechanism in place—the Market Stability Reserve (MSR)—which could be further tightened. By focusing cancelation on allowances in the MSR and taking place only after 2023, policy entrepreneurs managed to make the distribution of costs obscure and diffuse, whereas the benefits (a probable higher carbon price and related greater auctioning revenues for member‐states) were more specific and closer in time. That is what we call “smokescreen politics.”     

How Values Shape Program Perceptions: The “Organic Ethos” and Producers’ Assessments of U.S. Organic Policy Impacts

Among the more recognizable programs related to natural and sustainable food is the United States Department of Agriculture’s National Organic Program. Although the robustness of the organic food market is difficult to contest, many debate the extent to which U.S. organic policy outcomes adequately serve consumers and the organic agriculture producers they rely on. This paper engages the debate from the perspective of certified organic producers. Drawing on the results of a nationwide survey of USDA‐certified producers, we first provide a snapshot of how producers assess the environmental, consumer, and market impacts of U.S. organic food policy. We then examine the extent to which organic producers’ policy impact perceptions are associated with their alignment with an “organic ethos”—understood as producers’ commitment to core organic principles and the organic movement. The paper highlights producers’ values as perceptual filters and cognitive mechanisms that help shape producers’ policy impacts perceptions, illustrating a contributing factor to the enduring nature of organic policy debates.     

Multiple Streams in Hawaii: How the Aloha State Adopted a 100% Renewable Portfolio Standard

Renewable portfolio standards (RPS) are an important policy tool for reducing carbon emissions and advancing the global shift toward renewable energy. As the U.S. federal government backs away from commitments to reduce greenhouse gas emissions, subnational governments play an increasingly important role in mitigating climate change. In June 2015, Hawaii became the first state in the United States to adopt a 100% RPS. Through understanding the conditions that gave rise to Hawaii’s RPS, policy actors will be better informed as they navigate policy processes in other states and jurisdictions. This study uses Kingdon’s Multiple Streams Framework (MSF) to explore the policy process that led to Hawaii’s 100% RPS. Data were collected during the summer of 2016 via interviews with 25 key policy actors and informants in Hawaii. Expectations based on the MSF are confirmed, and the results suggest factors that might be included or explored in future studies of RPS adoption.     

Conservation in Context: Toward a Systems Framing of Decentralized Governance and Public Participation in Wildlife Management

Governance scholars have long championed the adaptive utility of decentralized management institutions, in part due to their ability to bring diverse stakeholders into decision‐making processes. However, research into the link between decentralization and participation often looks at policy design but bypasses important system feedbacks that shape sustained participation over time. To paint a more robust picture detailing how decentralization and participation are related, this paper uses a complex systems framework to explore interacting structural, operational, and cultural components of decentralized wildlife governance institutions in the United States and Botswana. Through this comparative analysis, I argue that the landscape of public participation in decentralized governance institutions appears to be significantly impacted by three factors: 1) how decentralization processes occurred, 2) where in the process of decision making participation is situated, and 3) perceptions of power distribution between groups with competing interests.     

Governing Unconventional Oil and Gas Extraction: The Case of Pennsylvania

Over the past decade, directional drilling and hydraulic fracturing enabled an unconventional oil and gas extraction (UOGE) boom in many regions of the United States, including parts of Pennsylvania. This revolution has created serious concerns about the capability of existing institutions to govern important societal outcomes associated with UOGE. We present a conceptual framework for assessing key societal outcomes influenced by UOGE governance. In applying this framework to Pennsylvania, we discern certain institutional strengths that have allowed the Commonwealth to reap appreciable short‐term economic growth from rich resource endowments. We also find, however, that several institutional weaknesses have allowed costs externalized to the environment, public health, and community integrity to offset some proportion of those economic benefits. Likewise, we find that governance of UOGE in Pennsylvania has contributed to a bifurcated sociopolitical landscape wherein adversarial coalitions dispute the legitimacy of the industry and its governance.     

The devil we know and the angel that did not fly: An examination of devil/angel shift in twitter fracking “debates” in NY 2008–2018

Recent work has applied the Narrative Policy Framework (NPF) to examine narrative strategies in policy debates on social media platforms. We contribute to the literature by applying the NPF to fracking policy debates in New York using well-established Natural Language Processing tools, including sentiment analysis. We combine this computational approach with a qualitative hand-coding of pro- and antifracking Twitter influentials. This approach allows us to consider a much larger corpus of tweets over a much longer time frame than has been done thus far. We adapt and test NPF propositions related to the use of the devil/angel shift strategies before and after a major state-wide policy change, that is, a state-wide moratorium on high volume hydraulic fracturing or fracking. Overall, we find evidence for the use of the devil shift narrative strategy by the pro-fracking coalition aimed at the Governor prior to the moratorium. After the moratorium, the relative percentage of Tweets containing devil shift sentiments decreases as the pro-fracking coalition generally downshifts in its use of angel shift language without a corresponding increase in devil shift language, whereas, conversely, the anti-fracking coalition generally downshifts in its use of devil shift language without a general increase in angel shift language. When we shifted our analysis to Tweets containing fracking and the Governor, we found a similar postban decrease in devil shift language among anti-fracking users. Our findings offer lessons for using computational tools in the NPF as an approach to expand analytic ability and for the operationalization of concepts such as narrative strategies and policy entrepreneurs.