Journal articles: 'Law and environmental licensing'

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Raetzke, Christian. "Nuclear law and environmental law in the licensing of nuclear installations." Nuclear Law Bulletin 2013, no. 2 (March 17, 2014): 55–88. http://dx.doi.org/10.1787/nuclear_law-2013-5jz742tm0b7l.

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Mendez, Gabriel De Pinna, and Ricardo Abranches Felix Cardoso Júnior. "Obstacles to municipal environmental licensing - Analysis of the main difficulties and obstacles in the environmental licensing procedures of municipalities." Ciência e Natura 40 (May 11, 2018): 35. http://dx.doi.org/10.5902/2179460x29442.

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Environmental licensing is one of the main instruments of the National Environmental Policy, mainly due to its nature of prevention of the significance of environmental damages. After the enactment of complementary law no. 140/11, municipalities were given the explicit competence to license enterprises and activities whose environmental impact is classified as local, provided they have a qualified technical body and a municipal environmental council. After almost six years of enforcement of the aforementioned complementary law, it is verified that most municipalities have not yet been able to implement an efficient and effective environmental licensing system, configuring themselves as mere emitters of environmental licenses. The main problems encountered in municipal environmental licensing are addressed in this paper, such as inconsistencies in the definition of competence of the licensing body, deficiencies in the normative framework, mainly regarding legislation on land use and occupation (zoning), low technical capacity and Lack of independence of municipal environmental agencies, excessive bureaucracy and high processing time, as well as lack of transparency and social control. The analysis of these obstacles points to the need for improvements and effective changes in municipal environmental systems, making environmental licensing play the role of collective protection.

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C. M. S. Braga, Rafael, and Fernando Veloso-Gomes. "Environmental Licensing as an Instrument for the Environmental Management of Brazilian Public Ports." Sustainability 12, no. 6 (March 18, 2020): 2357. http://dx.doi.org/10.3390/su12062357.

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Port environmental management initiatives have not yet been properly implemented in Brazilian public ports, and when they exist, they are still very fragmented and are not based on techniques of planning or environmental management, but instead are only intended to answer the minimum requirements of the legal licensing process for construction and port operation. The purpose of this article was to analyze if environmental licensing can be considered an environmental management tool for Brazilian public ports. For this, exploratory research with a qualitative focus was carried out in the 37 Brazilian public ports, regarding the current situation of environmental licensing. It was concluded that the environmental licensing of public ports in Brazil is still a long process and associated with a lot of unpredictability, where some ports, after many years, do not even have the proper operating licenses and the environmental management of most public ports is still insufficient or even non-existent. In this context, environmental licensing can be considered a management tool; however, it cannot be replaced by the planning and constant improvement of environmental compliance—both those provided for by law and other environmental regulatory mechanisms—at a national and international level.

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Monteiro, Nathalie Barbosa Reis, and Elaine Aparecida da Silva. "Environmental licensing in Brazilian's crushed stone industries." Environmental Impact Assessment Review 71 (July 2018): 49–59. http://dx.doi.org/10.1016/j.eiar.2018.04.003.

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Brown, James, and Andrew Farmer. "The use of fisheries licensing in environmental integration." Ocean & Coastal Management 50, no. 1-2 (January 2007): 35–56. http://dx.doi.org/10.1016/j.ocecoaman.2006.08.015.

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Zou, Zongbao, Fan Wang, Xiaofan Lai, and Jingxian Hong. "How Does Licensing Remanufacturing Affect the Supply Chain Considering Customer Environmental Awareness?" Sustainability 11, no. 7 (March 29, 2019): 1898. http://dx.doi.org/10.3390/su11071898.

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As sustainability issues are receiving increasing attention in society, in recent years many manufacturers have been adopting remanufacturing via technology licensing. This paper uses a game theory approach to investigate this strategy of a manufacturer under a closed-loop supply chain consisting of one supplier, one manufacturer, and one third-party remanufacturer (TPR), with the consideration of customer environmental awareness. In particular, the supplier supplies the components to the manufacturer and the manufacturer adopts technology licensing remanufacturing via the TPR. We explicitly characterize the reactions between the supplier and the manufacturer as being in equilibrium after adopting the technology licensing. We find that only when remanufacturing is a potential threat to the supplier is the performance of the supply chain improved and the double marginalization effect effectively eliminated. Moreover, remanufacturing by technology licensing only increases the profit of the manufacturer, but decreases the profit of the supplier. Interestingly, contrary to traditional wisdom, the existence of remanufactured products does not reduce the quantity of new products. Furthermore, remanufacturing by technology licensing may not always improve the environment, but customers in the market have environmental awareness that facilitates remanufacturing.

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Crifasi, Cassandra K., Elizabeth M. Stone, Beth McGinty, Jon S. Vernick, Colleen L. Barry, and Daniel W. Webster. "Differences in public support for handgun purchaser licensing." Injury Prevention 26, no. 1 (September 6, 2019): 93–95. http://dx.doi.org/10.1136/injuryprev-2019-043405.

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ObjectiveTo assess whether there are differences in support for handgun purchaser licensing.MethodsWe used data from four waves of online, national polling on gun policy. To estimate differences in support for licensing across groups, we categorised respondents by whether they personally owned a gun, lived in a state with handgun purchaser licensing or lived in a state regulating private sales without a licensing system.ResultsEighty-four per cent of adults living in states with licensing supported the policy compared with 74% in states without the law (p<0.001). Seventy-seven per cent of gun owners living in states with licensing supported the policy vs 59% of gun owners in states without licensing (p<0.001).ConclusionsSupport for licensing among gun owners living in states with these laws, many of whom have presumably gone through the process, was much higher than gun owners in states without such laws.

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Thomé, Romeu, and José Cláudio Junqueira Ribeiro. "COMMUNITY PARTICIPATION IN THE ANALYSIS OF THE ENVIRONMENTAL IMPACT ASSESSMENT AS A GUARANTEE DEMOCRATIC MECHANISM OF ENVIRONMENTAL RIGHTS." Veredas do Direito: Direito Ambiental e Desenvolvimento Sustentável 13, no. 25 (May 10, 2016): 69–91. http://dx.doi.org/10.18623/rvd.v13i25.682.

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This paper aims to analyze the mechanisms of popular participation in environmental impact assessment as a result of the application of the democratic principle in environmental field. It is found that, in Brazil, despite already covered by the environmental standards in force, popular participation is limited to specific times of the licensing procedure, weakening its role of supporting decision-making by the Government and hindering the adoption of measures socially and environmentally fair. One of the premises of a Democratic and Environmental rule of law is that citizens have the right (and duty) of actively participate in making decisions that may affect the environmental balance. Therefore, it is necessary the improvement and expansion of participation mechanisms in the analysis procedures of environmental impact assessment.

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Mulyadi, Mulyadi, Fahrul Siregar, and Inayatullah Abdul Hasyim. "ENVIRONMENTAL POLLUTION AND DAMAGE CONTROL THROUGH MANAGEMENT OF LICENSING AT THE REGIONAL LEVEL." DE'RECHTSSTAAT 4, no. 2 (January 10, 2019): 93. http://dx.doi.org/10.30997/jhd.v4i2.1535.

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The objectives to be desired in this study are to analyze and assess control to pollution and environmental damage through management of permits in Bogor Regency, and explain administrative claims for business licenses and/or activities that have already been revoked, if the business already has a business license and/or activity is not in accordance with Article 121 of the Environmental Protection and Management Law. One of the instruments in an effort to prevent pollution and environmental destruction is environmental permits, as stipulated in Article 1 point 35 of Law No. 32 of 2009 which is then regulated in Government Regulation No. 27 of 2012 concerning Environmental Permits. In this provision there are two types of permits, namely environmental permits. The research method used is an empirical normative juridical research method with the consideration that the starting point of the research is analysis of legislation governing licensing. The results of this study illustrate that environmental permits are one of the instruments in efforts to prevent pollution or damage to the environment, to realize the goals of environmental protection and management, especially in the use of the environment associated with environmental permits. Implementation and enforcement of permits will affect the pollution and damage to the existing environment. Therefore local governments are required to enforce environmental law in implementing policies or licensing related to the environment, even if various efforts need to be made, including revocation of licenses and use of criminal channels for those who do not heed destruction and pollution.

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Wood, Daniel, Elisa Capuzzo, Damien Kirby, Karen Mooney-McAuley, and Philip Kerrison. "UK macroalgae aquaculture: What are the key environmental and licensing considerations?" Marine Policy 83 (September 2017): 29–39. http://dx.doi.org/10.1016/j.marpol.2017.05.021.

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Linton, Keith. "Perspective: Licensing for Environmental Assessment Professionals: The Time Has Come." Environmental Practice 8, no. 2 (June 2006): 89–90. http://dx.doi.org/10.1017/s1466046606060182.

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Lockwood, Anne. "PREVENTING ALCOHOL PROBLEMS: LOCAL ACTION AND LICENSING LAW - A CASE STUDY." Community Health Studies 13, no. 4 (March 26, 2010): 456–62. http://dx.doi.org/10.1111/j.1753-6405.1989.tb00704.x.

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Cardoso, Ricardo Abranches Felix, and Alessandra Schwertner Hoffmann. "Environmental licensing for transmission systems and electricity sector planning in Brazil." Energy Policy 132 (September 2019): 1155–62. http://dx.doi.org/10.1016/j.enpol.2019.06.018.

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Harcourt, Christine, Sandra Egger, and Basil Donovan. "Sex work and the law." Sexual Health 2, no. 3 (2005): 121. http://dx.doi.org/10.1071/sh04042.

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We reviewed publications, websites, and field observations to explore the health and welfare impacts and administrative effectiveness of different legal approaches to sex work. We identified three broad legal approaches: (1) prohibition, including the unique Swedish law criminalising sex workers’ clients; (2) licensing; and (3) decriminalisation. Each of these models is employed under one or more jurisdictions in Australia. We make preliminary observations on their consequences and conclude that, on initial impression, decriminalisation may offer the best outcomes. However, more rigorous population-based research is needed to properly assess the health and welfare impacts of legal approaches to sex work.

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Macháčková, L., and P. Heneman. "The present time of transposition of the European environmental legislation into Czech food industry." Research in Agricultural Engineering 50, No. 3 (February 8, 2012): 112–16. http://dx.doi.org/10.17221/4936-rae.

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The accession of the Czech Republic in the European Union has brought a necessity to adopt a range of new legal regulations and to apply them in our conditions. Their application however connects with a highly demanding and complex process of implementation of the individual acts of law, administrative and time requirements. One of laws that had to be adopted is the Act No. 76/2002 Coll. on integrated prevention and pollution control, on the integrated pollution register and on amendment to some Acts (hereinafter the IPPC Act). The Act imposes an obligation for all operators of various industrial and processing plants working at certain production or processing capacities have to obtain a so called integrated license without which their activities will not be permitted to continue in the future. At the beginning of the integrated licensing procedure, each subject concerned by the Act is obliged to file an application for the integrated license at a relevant regional authority. There is an analysis of the present time of the IPPC problems in Czech food industry. At the present time, the procedure of licensing and applications for the integrated license are at various stages of the process in individual enterprises.

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McCourt, Alexander D., Cassandra K. Crifasi, Elizabeth A. Stuart, Jon S. Vernick, Rose M. C. Kagawa, Garen J. Wintemute, and Daniel W. Webster. "Purchaser Licensing, Point-of-Sale Background Check Laws, and Firearm Homicide and Suicide in 4 US States, 1985–2017." American Journal of Public Health 110, no. 10 (October 2020): 1546–52. http://dx.doi.org/10.2105/ajph.2020.305822.

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Objectives. To estimate and compare the effects of state background check policies on firearm-related mortality in 4 US states. Methods. Annual data from 1985 to 2017 were used to examine Maryland and Pennsylvania, which implemented point-of-sale comprehensive background check (CBC) laws for handgun purchasers; Connecticut, which adopted a handgun purchaser licensing law; and Missouri, which repealed a similar law. Using synthetic control methods, we estimated the effects of these laws on homicide and suicide rates stratified by firearm involvement. Results. There was no consistent relationship between CBC laws and mortality rates. There were estimated decreases in firearm homicide (27.8%) and firearm suicide (23.2%–40.5%) rates associated with Connecticut’s law. There were estimated increases in firearm homicide (47.3%), nonfirearm homicide (18.1%), and firearm suicide (23.5%) rates associated with Missouri’s repeal. Conclusions. Purchaser licensing laws coupled with CBC requirements were consistently associated with lower firearm homicide and suicide rates, but CBC laws alone were not. Public Health Implications. Our results contribute to a body of research showing that CBC laws are not associated with reductions in firearm-related deaths unless they are coupled with handgun purchaser licensing laws.

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Farias, Athena De Albuquerque, Maria Paula Silvestre Campelo, and Francisca Ergovânia Batista de Brito. "Environmental Licensing Vs. Equitable and Sustainable Development: The Incidence of the Principle of Proportionality as a Weighing and Choice Instrument in the Brazilian Judicial System." Amadeus International Multidisciplinary Journal 4, no. 7 (October 31, 2019): 1–12. http://dx.doi.org/10.14295/aimj.v4i7.70.

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Abstract: The increase in the chances of potential environmental catastrophes due to excessive anthropic activity has caused society to turn its efforts to protect the environment. The notion of Sustainable Development was raised aiming economic growth based on the rational use of existing natural resources, for the purpose of preserving them for future generations. The concept of Equitable and Sustainable Development was created, which encompasses several aspects of society besides economic and environmental, with the main purpose of stimulate socially equitable development together with a sustainable environment. Environmental licensing consists of an administrative instrument used by the State to regulate potentially harmful activities to the environment. In this, it is sometimes necessary to consider constitutional principles, which requires verification of which should prevail, depending on the conflicting case. The present study defends the effectiveness of the use of the Principle of Proportionality in the act of weighing constitutionally protected interests, where the particularities of the concrete case must be analyzed in order to verify which institute should overlap, seeking the harmonization between free enterprise and the right to a balanced environment, these being the main principles involved in environmental licensing. Keywords: Environmental Law. Administrative law. Sustainable Development. Environmental license. Principle of proportionality.

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Webster, Daniel, Cassandra Kercher Crifasi, and Jon S. Vernick. "Effects of the Repeal of Missouri’s Handgun Purchaser Licensing Law on Homicides." Journal of Urban Health 91, no. 2 (March 7, 2014): 293–302. http://dx.doi.org/10.1007/s11524-014-9865-8.

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Hoffmann, Alessandra Schwertner, Gabriel Henriques de Carvalho, and Ricardo Abranches Felix Cardoso Jr. "Environmental licensing challenges for the implementation of photovoltaic solar energy projects in Brazil." Energy Policy 132 (September 2019): 1143–54. http://dx.doi.org/10.1016/j.enpol.2019.07.002.

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Lima, Luiz Henrique, and Alessandra Magrini. "The Brazilian Audit Tribunal's role in improving the federal environmental licensing process." Environmental Impact Assessment Review 30, no. 2 (February 2010): 108–15. http://dx.doi.org/10.1016/j.eiar.2009.08.005.

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Pereira, Aline R. B., and Wolfram Laube. "Knowledge Politics in Environmental Conflicts: A Case from Brazil." Gestión y Ambiente 21, no. 2Supl (December 31, 2018): 30–46. http://dx.doi.org/10.15446/ga.v21n2supl.77761.

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Following large environmental conflicts and disasters, economic endeavors -particular large-scale investments in mining or hydropower- are nowadays subjected to rigorous environmental law and regulations. The application of rules and regulations takes place in environmental administration and courts and includes environmental impact assessments (EIAs, and does not correspond to the identical English acronym), licensing processes and litigation in court. Within these contexts, decision making is supposed to be based on rational reasoning and purportedly impartial scientific knowledge and information. Thus, citizens’ rights in resource conflicts and the effective enforcement of these rights in administrative, judicial, and political contestation become highly dependent on knowledge and information and the ways it is produced, interpreted, and valued in the interaction between people affected and investors, lays and experts, bureaucrats, legal practitioners and citizens. Political contestation becomes seemingly a technical dispute. This paper bases on a qualitative study of the conflicts surrounding the establishment of the large-scale iron-ore mining project Minas-Rio, in Conceição do Mato Dentro, Minas Gerais, Brazil, conducted in 2014-2015. It describes the problematic nature of the production of information and knowledge in a given political-economic context and the contestations surrounding the validity of apparently scientific results as they emerged alongside the environmental licensing process. Environmental studies and their technical evaluations are based on questionable assumptions and often lack accurate baseline data. The deficiency of public resources for independent investigation makes the environmental agencies dependent on services and information provided by mining companies. Apart from this form of collaboration, the prioritization of allegedly scientific “expert” knowledge, career trajectories of agencies’ personnel, and pressure by pro-mining politicians leads to the uncritical adoption of data, information and knowledge provided by the company and/or the consultancy firms employed by them. At the same time, information given by the people affected and environmentalists becomes sidelined. Thereby, the basic environmental and citizen rights, as the rights to information concerning the environment and to participation in licensing processes, guaranteed in the Brazilian constitution and environmental legislation, become ineffective.

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Fatmawaty, Dewi, Hartuti Purnaweni, and Yanuar Luqman. "The implementation of administrative sanctions as an instrument of environmental law enforcement in Semarang City- a review." E3S Web of Conferences 202 (2020): 06033. http://dx.doi.org/10.1051/e3sconf/202020206033.

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The economic growth of the City of Semarang is influenced by the development of the manufacturing/ construction industry and construction has an effect on increasing pollution and/ or environmental damage. For this reason, one of the Government's efforts to provide protection and living environment management for its citizens is through environmental law enforcement. The main objective of law enforcement in cases of pollution and/ or environmental damage is to restore the environmental ecosystem and to improve the quality of the environment. Administrative legal instruments are considered the most appropriate for this purpose, because the characteristics of administrative sanctions are preventive through supervision and licensing and are repressive through the application of administrative sanctions. This study aims to find out how the enforcement of environmental law through administrative law, how the implementation of administrative sanctions as one of the instruments of law enforcement for environmental administration and inhibiting factors in its application. This research uses the literature method by studying books, laws and regulations and other written materials related to the discussion material.

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Mahoro, Jean Claude Geofrey, and F. X. Adji Samekto. "Barriers to the Enforcement of Environmental Law: An Effect of Free Market Domination and Regional Autonomy in Indonesia." Hasanuddin Law Review 7, no. 1 (April 2, 2021): 31. http://dx.doi.org/10.20956/halrev.v7i1.1896.

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This paper discusses different issues relating to the enforcement of environmental law in Indonesia in the long way of the Indonesian government to sustainable development. To reach reliable conclusion, socio-legal approach was employed in this paper. Throughout the work the researcher analyses environmental philosophies including anthropocentrism, biocentrism and ecocentrism. This phenomenon does not only pose responsibility to the government but also to private individuals or companies in their operations in order not to leave burdens to the shoulders of future generations. This ideology was not well ensured in the free-market economy and regional autonomy as the proliferated regulations were not directed to meet the efficient and equitable environmental principles. Hindrances to the effective implementation of environmental law, inter alia, the non-envisaged licensing system in administrative enforcement; ineffective civil damages towards the environmental losses; and non-reaching environmental criminal liability. Besides that, the persistent corruption is another impediment to the effective implementation of environmental law in Indonesia.

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Mallett, Alexandra, Erica Lima Barros França, Ítalo Alves, and Lisa Mills. "Environmental impacts of mining in Brazil and the environmental licensing process: Changes needed for changing times?" Extractive Industries and Society 8, no. 3 (September 2021): 100952. http://dx.doi.org/10.1016/j.exis.2021.100952.

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Stewart, Liz, and Sally Casswell. "Community Control and Liquor Licensing: A Public Health Issue in New Zealand." Journal of Drug Issues 22, no. 3 (July 1992): 743–55. http://dx.doi.org/10.1177/002204269202200319.

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Community interest in controlling the sale and supply of alcohol and reducing alcohol-related problems has seen a number of responses in New Zealand and elsewhere. These have included the growth of popular temperance movements last century, sometimes accompanied by votes for national or local prohibition. In some regions in New Zealand the local population instituted community-owned licensing trusts to operate licensed premises upon restoring alcohol sales to their districts. Government reviews of licensing law have responded to public dissatisfaction with drinking conditions. A recent substantial review of the sale of liquor in the late 1980s revived public interest in the control of alcohol. Submissions from a public health perspective concentrated on restricting access. The final legislation, however, saw a liberalising of availability and deregulation of the licensing system. Nevertheless, emphasis is given to the control of alcohol-related problems, highlighted in the object of the act. The response of licensing and enforcement agencies to that objective will have important implications for the control of problems in the community.

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Wilson, Mark. "Chips, Bits, and the Law: An Economic Geography of Internet Gambling." Environment and Planning A: Economy and Space 35, no. 7 (July 2003): 1245–60. http://dx.doi.org/10.1068/a35106.

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Online gambling offers valuable insights into the relationship between real and virtual places. Gambling in most countries is highly regulated, with its geography reflecting the licensing of gambling to specific activities and locations. The ability to use the Internet challenges the legal foundation for gambling by offering access in an efficient and private way from distant locations. The heaviest concentration of gambling websites is found in North America and the Caribbean, with the leading locations for gambling-domain-name registrations being the United States, Canada, Antigua and Barbuda, Costa Rica, the United Kingdom, and St Kitts and Nevis. In this paper I explore the location and operation of Internet-gambling websites, with emphasis on the legal and economic geography of this activity.

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Mitincu, Cristina-Gabriela, Ioan-Cristian Ioja, Constantina-Alina Hossu, Martina Artmann, Andreea Nita, and Mihai-Razvan Nita. "Licensing sustainability related aspects in Strategic Environmental Assessment. Evidence from Romania’s urban areas." Land Use Policy 108 (September 2021): 105572. http://dx.doi.org/10.1016/j.landusepol.2021.105572.

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Raetzke, Christian. "The licensing of new nuclear power plants in Europe." ECONOMICS AND POLICY OF ENERGY AND THE ENVIRONMENT, no. 2 (May 2009): 83–89. http://dx.doi.org/10.3280/efe2008-002006.

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- After an introduction dealing with the nuclear Renaissance in Europe and the specific situation of Germany and of Italy, the article focuses on the question of licensing processes for new reactors. New nuclear power plant projects involve a substantial investment and electric utilities will only take this decision if the licensing and regulatory risk can be adequately managed. Licensing processes should be predictable and efficient in order to give sufficient assurance to applicants. The article discusses "best practice in licensing" by giving some examples of suitable licensing processes of other countries. It also highlights international initiatives aimed at harmonizing safety requirements for new reactors and a multinational cooperation in reactor design review. These issues should be carefully considered by any country wanting to get new nuclear started.JEL classification: L52, L50, L78, L71, L94Key words: Nuclear, licensing, public policy

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de Oliveira Bredariol, Tomás. "Developing indicators for environmental licensing the case of the Brazilian offshore oil and gas sector." Impact Assessment and Project Appraisal 38, no. 5 (August 20, 2020): 427–40. http://dx.doi.org/10.1080/14615517.2020.1804305.

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Chetverikova, Iryna V., and Kirill D. Titaev. "Sociological perspective on the optimal law enforcement: Typical cases of overcriminalization of economic activity in Russia." Voprosy Ekonomiki, no. 3 (March 7, 2019): 142–58. http://dx.doi.org/10.32609/0042-8736-2019-3-142-158.

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Based on the analysis of verdict texts, we demonstrate that many criminal cases against individuals who were prosecuted for economic crimes in Russian courts in the past few years do not correspond with the level of optimal law enforcement. Economic crimes (a) did not cause substantial harm, (b) did not have harmful externalities, (c) were common, but the enforcement was selective. Economic activity was most often overcriminalized by the law enforcement when illegal behavior consisted of accounting or tax mistakes, breach of a contract, violations of special-purpose loan regulations, or licensing offences.

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Araújo, Júlio César Holanda, Wallason Farias de Souza, Antonio Jeovah de Andrade Meireles, and Christian Brannstrom. "Sustainability Challenges of Wind Power Deployment in Coastal Ceará State, Brazil." Sustainability 12, no. 14 (July 10, 2020): 5562. http://dx.doi.org/10.3390/su12145562.

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Sustainable and socially just decarbonization faces numerous challenges, owing to high land demands for wind farms and weak economic and political institutions. In Brazil, a leader in the Global South in terms of rapid installation of wind power capacity since the 2001 electricity crisis, firms have built wind farms near host communities that are politically and economically marginalized, giving rise to numerous forms of subtle contention and overt opposition. We aimed to better understand the licensing materials for wind farms and the content of the host communities’ concerns about wind farms. We analyzed 18 “simplified” environmental impact reports, which created a legal path for wind farm construction, and conducted qualitative interviews in host communities in coastal Ceará state in northeastern Brazil. Our analysis reveals how firms appropriated and manipulated “crisis” in their environmental impact reports. Interviews with host community members reveal themes of ecological damage, fear, privatized land, employment, migrant workers and noise, in addition to evidence of active resistance to wind farms. These findings corroborate previous work on the overall nature of host community perceptions, add additional insight on the content of the licensing materials and expand the number of host communities analyzed for emerging sustainability challenges. More rigorous licensing procedures are needed to reduce corrupt practices, as well as the offering of avenues for community participation in the decision-making processes and eventual benefits of the wind farms.

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Elvira, Ade Irma, and Latipah Nasution. "Меры по предотвращению экологических коррупционных преступлений (Measures to Prevent Environmental Corruption Crimes)." Jurnal Cita Hukum 7, no. 3 (December 18, 2019): 431–50. http://dx.doi.org/10.15408/jch.v7i3.13630.

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AbstractThe international conference on the environment which was held in Stockholm, Sweden in 1972 to Rio de Janeiro 1992, to Rio + 10 in Johannesburg 2002, emphasized the need for coordination and integration between natural resources, human resources, and artificial resources in every national development, with a population, development approach, and the environment to the integration of social, economic and environmental aspects. The Government of Indonesia is committed to carrying out sustainable development with various efforts, one of which is the issuance of environmental permits. The environmental damage that occurs in the region, is the responsibility of local governments as a whole from the existence of the authority to issue permits granted. Corruption in the environmental sector is a barrier to the path of sustainable development. Licensing is one of the instruments to prevent natural damage as well as controlling environmental management activities. But on the other hand, licensing is a fertile ground for corrupt practices that hinder sustainable development. The purpose of this study is to provide an understanding of the importance of supervision of licensing for the creation of the concept of environmentally sustainable development. The research method used is a normative juridical research method that is descriptive analysis through doctrinal law review. It can be concluded that environmental problems and obstacles that occur in the licensing sector are often mixed with corrupt practices by the government which has the authority to give permits. This has caused delays in sustainable development and damage to the environment which has an impact on the community's economic sector.Keywords: Natural Resources (SDA), Licensing, Local Government Authority, Corruption Abstrak Konverensi internasional tentang lingkungan yang dilaksanakan di Stockholm, Swedia pada 1972 menuju Rio de Janeiro 1992, sampai dengan Rio + 10 di Johanesburg 2002, menekankan perlu adanya koordinasi dan integrasi antara SDA, SDM, dan sumberdaya buatan dalam setiap pembangunan nasional, dengan pendekatan kependudukan, pembangunan, dan lingkungan sampai dengan integrasi aspek sosial, ekonomi, dan lingkungan. Pemerintah Indonesia berkomitmen melaksanakan pembangunan berkelanjutan dengan berbagai upaya, salah satunya dalam penerbitan izin lingkungan. Kerusakan lingkungan yang terjadi di daerah, merupakan tanggung jawab pemerintah daerah sebagai satu kesatuan dari adanya kewenangan mengeluarkan perizinan yang diberikan. Korupsi yang terjadi di sektor lingkungan merupakan penghalang jalannya pembangunan berkelanjutan. Perizinan merupakan salah satu instrumen pencegah kerusakan alam sekaligus sebagai pengendali aktifitas pengelolaan lingkungan hidup. Namun disisi lain, perizinan menjadi ladang subur terjadinya praktik korupsi yang menghambat pembangunan berkelanjutan. Tujuan penelitian ini untuk memberikan pemahaman terkait pentingnya pengawasan terhadap perizinan demi terciptanya konsep pembangunan berkelanjutan berwawasan lingkungan. Metode penelitian yang digunakan yaitu metode penelitian yuridis normatif yang bersifat deskriptif analisis melalui pengkajian hukum doctrinal.Dapat disimpulkan bahwa permasalahan lingkungan hidup dan hambatan yang terjadi ada pada sektor perizinan seringkali dicampuri dengan praktik korupsi oleh pemerintah yang berwenang memberikan izin. Hal ini menimbulkan terhambatnya pembangunan berkelanjutan serta kerusakan pada lingkungan yang berdampak pada sektor perekonomi masyarakat.Kata kunci: Sumber Daya Alam (SDA), Perizinan, Kewenangan Pemerintah Daerah, Korupsi АннотацияМеждународная конференция по проблемам окружающей среды состоялась В Стокгольме, Швеция в 1972 году. По результатам этой конференции Индонезия взяла на себя обязательство осуществлять устойчивое развитие, и по сей день предпринимает различные усилия для поддержания этой договоренности. Коррупция в области охраны окружающей среды и природных ресурсов является препятствием на пути устойчивого развития. Лицензирование является одним из инструментов предотвращения разрушения природы, а также контроля за деятельностью по управлению окружающей средой. С другой стороны, лицензирование также становится благодатной почвой для коррупции. Местные органы власти в этом случае имеют право выдавать разрешения на деятельность, которая может нанести экологический ущерб в данной местности. Целью данного исследования является оценка деятельности в области лицензирования в экологической сфере и перспектив устойчивого экологического развития в Индонезии. Основным методом исследования была оценка нормативно-правовых актов в сфере экологического регулирования. На основании описательного анализа можно сделать вывод, что препятствия, возникающие на уровне отраслевого лицензирования, часто решаются методами коррупции со стороны государственных органов, что препятствует устойчивому развитию экологической сферы, наносит ущерб окружающей среде и препятствует развитию экономики.Ключевые слова: природные ресурсы (ПДД), лицензирование, Местные органы власти, коррупция

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Raharjo, Budi. "Effectiveness of Law Enforcement on Mining Crime Without Permission (PETI) in Wonosobo." Jurnal Daulat Hukum 1, no. 2 (June 10, 2018): 531. http://dx.doi.org/10.30659/jdh.v1i2.3327.

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The background of this research is the rampant mining without permission (PETI) due to the mindset of society or mining entrepreneur who is not based on the exploitation of environmental awareness that will have lasting impact on the next generation. This journal aims to analyze the effectiveness of law enforcement on mining crime without permission in Wonosobo. The method used in the form of in-depth case studies, explores and elaborates on PETI mining case. While the documents studied are the Investigation Report of PETI crime suspection in Wonosobo. The analysis is concerned with the investigation of cases of PETI facts in violation of Article 158 of the Mining Act. The results of the research community was not aware of the law related to the licensing of mining, proved the existence of dredging sand in the suspect area, but the mining business is not licensed. The author suggests the socialization of law and public law for the voluntary movement of miners, so a realization that a legal substance in the Mining Act can be used as a means of protecting the public with government and environmental sustainability.Keywords: Effectiveness; Law Enforcement; Mining Crime Without Permission.

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Stecyk, Karolina. "Environmental sustainability versus economic interests: a search for good governance in a macroeconomic perspective." Journal of Governance and Regulation 6, no. 4 (2017): 7–16. http://dx.doi.org/10.22495/jgr_v6_i4_p1.

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Finding the proper balance between economic benefit and sustainable development has been an issue for many local governments, especially in the regions that depend strongly on natural resources. One of Canada’s largest contributors to environmental degradation is the oil sands in Alberta. The degradation occurs on land, in water, and in the air as a result of oil extraction and tailings ponds. The purpose of the paper is to argue that although the government of the province of Alberta and the federal government have developed legislation including licensing and policies (frameworks and directives) to reduce and prevent environmental degradation, they fail to ensure compliance with the legislation and policies because the governments prefer economic gain to environmental sustainability. The lack of strong compliance enforcement suggests a lack of effectiveness and efficiency. Subsequently, a failure in the rule of law occurs because oil corporations, due to their economic impact, are treated as above the law. The bias for the corporation over the environment hinders good governance. Overall, both governments find balancing protecting the environment and gaining financial benefits challenging.

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Hirschberg, Joe, and Jenny Lye. "Impacts of graduated driver licensing regulations." Accident Analysis & Prevention 139 (May 2020): 105485. http://dx.doi.org/10.1016/j.aap.2020.105485.

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READ, S. V. "Waste Management Licensing: Challenges for Waste Regulation Authorities." Water and Environment Journal 9, no. 6 (December 1995): 573–80. http://dx.doi.org/10.1111/j.1747-6593.1995.tb00969.x.

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Roberts, Marion. "Planning, urban design and the night-time city." Criminology & Criminal Justice 9, no. 4 (October 19, 2009): 487–506. http://dx.doi.org/10.1177/1748895809343415.

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The planning system was constrained by a neo-liberalist insistence on land-use planning in the 1980s and early 1990s, thereby providing the institutional framework for deregulation of the numbers, capacities and types of licensed premises in town and city centres. This had a direct impact on levels of crime, violence and anti-social behaviour. Criminologists have criticized planners for their complicity in this process. The article argues that entertainment uses have been marginal to the social and ecological preoccupations of the planning profession. It suggests that the reintroduction of spatial planning by the New Labour government has allowed planners to reassert social and environmental objectives into their development plans and potentially to introduce a greater degree of regulatory control. The article examines the changes to the planning system and its complex relation to licensing. Finally, it questions whether this new opportunity for planners to intervene will be realized in the current economic downturn.

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Suyoto, S., and Dwiyana Achmad Hartanto. "LAW ASPECT IN TREATING ILLEGAL MINING CASE OF MINERAL C IN PATI REGENCY." Jurnal Dinamika Hukum 18, no. 2 (May 9, 2018): 200. http://dx.doi.org/10.20884/1.jdh.2018.18.2.1602.

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The research entitled "Law Aspect in Handling Illegal Mining Case of Mineral C in Pati Regency" is motivated by the increasing illegal mining of mineral C. It causes environmental damage, air pollution, licensing violation and tax. The research focus is limited to: (1) What are the influencing factors of illegal mining of mineral C in Sourthern Kendeng and Northern Kendeng mountains in Pati regency? (2) How to treat illegal mining case of mineral C in illegal areas of Southern Kendeng Mountain Area and Northern Kendeng Mountains in Pati Regency ? It applies sociological juridical approach. The results of the research showed: (1) Factors affecting illegal mining of mineral C in illegal areas of Southern Kendeng Mountain and Northern Kendeng Mountains include legal culture, legal structure and legal substance; (2) The treatment of illegal mining cases in the Southern Kendeng Mountains Area and the Northern Kendeng Mountains are conducted both penal and non penal.Keywords: Treatment, Mineral C, Illegal, Pati Regency

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Hanna, Philippe, Frank Vanclay, Esther Jean Langdon, and Jos Arts. "Improving the effectiveness of impact assessment pertaining to Indigenous peoples in the Brazilian environmental licensing procedure." Environmental Impact Assessment Review 46 (April 2014): 58–67. http://dx.doi.org/10.1016/j.eiar.2014.01.005.

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Mello, Mario Fernando, and Rosangela Scapini. "REVERSE LOGISTICS OF AGROCHEMICAL PESTICIDE PACKAGING AND THE IMPACTS TO THE ENVIRONMENT." Brazilian Journal of Operations & Production Management 13, no. 1 (March 20, 2016): 110. http://dx.doi.org/10.14488/bjopm.2016.v13.n1.a13.

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Abstract: Over time, agriculture has proven to be an important economic development factor for Brazil. The evolution and the need for productivity caused a large increase in the use of pesticides in agriculture and with it, the need to give proper treatment to packaging. With these agricultural activities in evidence, it is not possible to keep the crops without the use of pesticides. In 2000, it was created the 9,974 law as a decree Law 4,074/2002, which regulates the reverse logistics of empty containers of pesticides. This study intends to demonstrate that there are still producers who have difficulties in finding the correct destination to pesticide containers because of lack of knowledge of the law or because they acquire chemicals illegally, without a specific origin. The instruments for protecting the environment, such as licensing and environmental legislation stand out as high points, since it has the general objective of analyzing and demonstrating how reverse logistics helps minimize the impact and the possible environmental and health problems caused by the incorrect disposal of pesticide containers of and along with a group of farmers.

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Pimentel Da Silva, Gardenio Diogo, Alessandra Magrini, Maurício Tiomno Tolmasquim, and David Alves Castelo Branco. "Environmental licensing and energy policy regulating utility-scale solar photovoltaic installations in Brazil: status and future perspectives." Impact Assessment and Project Appraisal 37, no. 6 (April 19, 2019): 503–15. http://dx.doi.org/10.1080/14615517.2019.1595933.

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Pereira, Cristina I., Andres F. Carvajal, Celene Milanés Batista, and Camilo M. Botero. "Regulating human interventions in Colombian coastal areas: Implications for the environmental licensing procedure in middle-income countries." Environmental Impact Assessment Review 79 (November 2019): 106284. http://dx.doi.org/10.1016/j.eiar.2019.106284.

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Hallmark, Shauna L., David A. Veneziano, Scott Falb, Michael Pawlovich, and Deborah Witt. "Evaluation of Iowa's graduated driver's licensing program." Accident Analysis & Prevention 40, no. 4 (July 2008): 1401–5. http://dx.doi.org/10.1016/j.aap.2008.03.002.

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Hinchcliff, R., S. Chapman, R. Q. Ivers, T. Senserrick, and W. Du. "Media framing of graduated licensing policy debates." Accident Analysis & Prevention 42, no. 4 (July 2010): 1283–87. http://dx.doi.org/10.1016/j.aap.2010.02.005.

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KONTIC, BRANKO, BURTON C. KROSS, and PETER STEGNAR. "EIA AND LONG-TERM EVALUATION IN THE LICENSING PROCESS FOR RADIOACTIVE WASTE DISPOSAL IN SLOVENIA." Journal of Environmental Assessment Policy and Management 01, no. 03 (September 1999): 349–67. http://dx.doi.org/10.1142/s1464333299000260.

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The discussion is about the validity of long-term environmental impact assessment (EIA) and its role in the licensing process for radioactive waste disposal in Slovenia. Owing to uncertainties associated with long-term evaluations an alternative approach is suggested for site selection for the repository. The idea behind the new approach is to integrate environmental planning with the optimisation of land-use as a basis for identifying the best site for the repository. This approach is to complement or, eventually, substitute the existing strictly regulatory concept relying upon criteria compliance tied with the performance assessment of the disposal system. It is expected that the new approach will more effectively build confidence among professionals and the public toward siting of radioactive waste disposal. The new approach suggests not to use dose and risk as individual numerical indicators for deciding about acceptability of the proposed disposal system, since they may vary greatly given the large uncertainties connected to future societal characteristics and human exposures. Instead, a concept of reasonable assurance together with the evaluation of interests and potentials for future land-use in the particular environment is suggested.

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GARBACCIO, Grace Ladeira, Gonçalo Nicolau Cerqueira Sopas de Mello BANDEIRA, and Lyssandro Norton SIQUEIRA. "DOGMAS AMBIENTAIS: A INDISCRIMINADA EXIGÊNCIA DE EIA/RIMA PARA ATIVIDADES POLUIDORAS: ESTUDOS BRASILEIRO, FRANCÊS E DA CONSTITUIÇÃO PORTUGUESA." Revista Juridica 1, no. 58 (April 7, 2020): 21. http://dx.doi.org/10.21902/revistajur.2316-753x.v1i58.3822.

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RESUMO Objetivo: O estudo objetiva apresentar fundamentos para exigir a obrigatoriedade da exigência do EIA para as atividades poluidoras. Metodologia: Para atingir os fins esperados, a metodologia utilizada é hipotéticodedutivo, bem como a análise de referências bibliográficas e legislação brasileira e francesa, também enfocando uma visão comparada a partir dos mandamentos da Constituição Ambiental Portuguesa da III República. Resultados: O artigo concluiu que a avaliação de impactos ambientais é um importantíssimo instrumento de política ambiental, sendo imprescindível para assegurar a informação e a participação da sociedade, respeitando-se os direitos humanos da população direta ou indiretamente afetada por novos empreendimentos. Contribuições: A principal contribuição do trabalho está na atenção aos procedimentos de atividades com potencialidade em degradação ambiental. Assim sendo, é importante a avaliação de impactos ambientais, a dispensa imotivada do EIA ou da avaliação ambiental para o caso do contexto francês. Para o licenciamento de empreendimentos e atividades devidamente listados nas referidas normas, poderá consistir na prática de ato de improbidade pela autoridade ambiental, em razão da gravidade dos fatos que denotam a violação de seus deveres funcionais. Palavras-chave: licenciamento; estudo de impacto ambiental; exigibilidade; sustentabilidade; Direito brasileiro e francês; Direito Constitucional Ambiental português. ABSTRACT Objective: The study aims to present grounds for requiring the mandatory EIA requirement for polluting activities. Methodology: The methodology used is hypothetical-deductive, as well as the analysis of bibliographic references and Brazilian and French legislation, also focusing on a comparative view from the commandments of the Portuguese Environmental Constitution of the Third Republic. Results: The article concluded that the assessment of environmental impacts is an extremely important instrument of environmental policy, being essential to ensure the information and participation of society, respecting the human rights of the population directly or indirectly affected by new ventures.Contributions: The main contribution of the work refers to attention to the procedures of activities with potential for environmental degradation. Therefore, it is important to assess environmental impacts without the need for EIA or environmental assessment in the case of the French context. For the licensing of undertakings and activities duly listed in the aforementioned standards, it may consist of the practice of an act of improbity by the environmental authority, due to the seriousness of the facts that denote the violation of their functional duties. Keywords: licensing; environmental impact study; enforceability; sustainability; Brazilian and French law; Portuguese Environmental Constitutional Law.

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Neto, Octavio Pimenta Reis. "Socioeconomic, Energetic and Carbon Impacts of a Large-Scale Model of Municipal Solid Waste Treatment in the Largest Brazilian Metropolitan Region." International Journal of Innovative Science and Research Technology 5, no. 5 (June 10, 2020): 1328–76. http://dx.doi.org/10.38124/ijisrt20may594.

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The National Solid Waste Policy (PNRS) by the Law 12,305 of Aug. 2nd in 2010, is the Brazilian initiative to manage the Municipal Solid Waste (MSW) generated in the national territory. The Metropolitan Region of São Paulo (MRSP) is the largest Brazilian economic macro-region which generates 10% of all MSW in the country which is practically 100% treated in landfills, as suggested by the PNRS. However, its landfills are close to the exhaustion and build new ones collide with the lack of land availability in the region surrounded by water reservoirs. Areas far from the waste generation do not seem to be an economical alternative, due to high freight fee and requirements for environmental licensing.

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Patel, Minal, Emily M. Donovan, Siobhan N. Perks, Darlene Huang, Lauren Czaplicki, Maham Akbar, Stacey Gagosian, and Barbara A. Schillo. "E-cigarette Tobacco Retail Licensing Laws: Variance Across US States as of January 1, 2020." American Journal of Public Health 110, no. 9 (September 2020): 1380–85. http://dx.doi.org/10.2105/ajph.2020.305771.

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Objectives. To describe how US states and the District of Columbia regulate e-cigarette sales by examining e-cigarette–specific tobacco retail licensing (TRL) laws. Methods. We coded 25 state-level e-cigarette TRL laws (effective as of January 1, 2020) for provisions we labeled as either “core” (e.g., presence of license terms, fees, and penalties) or “descriptive” (e.g., license fee amount and term length). Results. Overall, 23 laws clearly defined a license term, 23 laws required a license fee, and 19 laws identified penalties for violations that included both license suspension and revocation. Fees widely ranged ($5–$1000 annually), and 8 laws did not explicitly direct fees toward TRL administration or enforcement. No law required that retailers comply with all local, state, and federal tobacco or e-cigarette laws. Conclusions. Most laws contained core TRL provisions. Several laws, however, had minimal license fees and did not direct fees toward administration or enforcement. As youth e-cigarette use increases, more states should consider establishing e-cigarette TRL laws or incorporating provisions into existing TRL laws.

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Syaputra, Dedy. "Problem Penambangan Emas Tanpa Ijin Ditinjau Dari Aspek Pidana Lingkungan Hidup dan Etika." Wajah Hukum 4, no. 1 (April 24, 2020): 15. http://dx.doi.org/10.33087/wjh.v4i1.166.

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There are several cases of environment in Jambi province including haze, forest fires, floods, PETI (gold mining without permits), and so forth. This is always the case of repetition from year to year as if it did not have a permanent solution. Alleged authors in this regard are some possibilities, namely: society does not understand or understand whether its actions (in the context of environmental destruction) that include violating criminal law or not? And on the basis of the community, so there is a notion that what they do is not contrary to the law. Based on the hypothesis above, the authors are interested in describing what exactly this Problembox is from the perspective of criminal law and ethics. So hopefully able to educate the community that the deed can be said to violate/not violate criminal law. Then, the author tries to offer a preventive solution from an ethical perspective; That is what the moral philosophy can offer so that the environmental cases in the context of the criminal law can be addressed to the fullest extent possible. This paper uses a qualitative approach with its data analysis techniques using analytical content techniques. With this approach, the following conclusions are obtained: (1) The criminal threat as stated in the articles is imprisonment and fines. In addition there is additional criminal or order action against the business entity Article 119 Act Number 32 year 2009 on environmental protection and management. Regarding some factors that are hindering in law enforcement, namely legal means, law enforcement officers, facilities and means, licensing, AMDAL system, Public law awareness of the environment. (2) In the view of Al-Ghazali man has a very heavy function, duty and responsibility as the maintainer of all the SDA (natural resources) that exist on this earth. When people understand the function in this world is to maintain the environment, then automatically, this moral concept will be a preventative step over the real-life CHEST activities that have caused human environmental damage.

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He, Wei, Lan Liang, and Kai Wang. "Economic and Environmental Implications of Quality Choice under Remanufacturing Outsourcing." Sustainability 12, no. 3 (January 24, 2020): 874. http://dx.doi.org/10.3390/su12030874.

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Although many studies have recently investigated how the product quality impacts on economic and environment performance under remanufacturing, all of them assume that remanufacturing operations are undertaken by the original equipment manufacturers (OEMs) or independent remanufacturers (IRs). However, many OEMs such as Lexmark, Canon, and Epson filed lawsuits with those IRs without licensing, but outsourced the remanufacturing operations to several contracted remanufacturers (CRs). We therefore extend the prior research to investigate the economic and environmental implications of OEMs’ strategic desired quality level choices under remanufacturing outsourcing. That is, we develop two models corresponding to two scenarios where OEMs (1) undertake remanufacturing in-house or (2) outsource it to a CR. Our results show that, to create a less intense cannibalization problem for new products sales, OEMs would be likely to choose a lower product quality when outsourcing remanufacturing to a CR. More importantly, from the economic perspective, we find that outsourcing remanufacturing to a CR hurts the OEM and the industry. However, from the environmental angle, our results reveal that there is a ratio threshold for environmental impact for different life cycle phases, above which remanufacturing in-house is definitely beneficial for OEM in economics and environment, but for the rest, outsourcing is equally or more environmental-friendly, despite cutting down the profit.

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Journal articles on the topic 'Law and environmental licensing'

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