"The Texas Failure sets forth the thesis that environmental problems are essentially a product of political decisions and that in Texas the political system has failed to respond to environmental problems because it is dominated by polluter-oriented special interests. The argument advanced is that polluter-oriented interests are well protected by state politicians in both the legislature and regulatory agencies of state government. The thesis is organized around an analysis of such political factors as ideology, leadership, decision making and law as they relate to a political consideration of Texas environmental conditions."-- leaf 1.

Air pollution, health and poverty convey overtones of moral dereliction of our people by the confederacy of perpetrators. It is true that a cocktail of chemical emissions pollute the Durban South area and the residents paying an enormous price to survive. With poverty abound, the people feel disenfranchised as their plea for a better environment fails to improve their standing. This short treatise looks at the role of people and the business as one part and the inclusion of the government on the other part. A comparison of covert techniques and manipulations used by business to circumvent the system. Legislation although adequate but lacking enforcement together with legal remedies as a way to stop this incursion to our Constitutional right. A paradigm shift to sustainability in exploring the many facets of invaluable 'practical solutions' to save and sustain our existence and our intergenerational society. The government authorities saddled with internal strife and the under-funded NGOs who are buoyed by media support still prove ineffective. The conglomerates with all their abundant resources covertly or otherwise propagate their maliciousness unchecked. The enforcement authorities, the judicial officers, the NGOs and the people must work harmously to stem this unacceptable moral degradation before it reaches abysmal proportions. / Thesis (LL.M.)-University of Natal, Durban, 2003.

This dissertation titled ‘An appraisal of the law relating to oil pollution in the inland, territorial and maritime waters of Nigeria’ examines whether the law governing oil pollution in Nigeria is satisfactory in so far as determining issues of liability and compensation for oil pollution are concerned. The thesis examines a research hypothesis on the determination of the question whether the law adequately caters for victims of oil pollution occurring in the inland, territorial and maritime waters of Nigeria and if not, what are the observable defects and how can these defects be remedied. Not only has there been a considerable environmental degradation in Nigeria occasisoned by oil exploration and exploitation, particularly in the areas around the Niger Delta, but there has been serious socio-economic consequences pertinent to sustainable development of Nigeria as a nation. These impacts and the government’s attempts to tackle the problems have been the focus of this thesis. / Thesis (Ph.D.)-University of KwaZulu-Natal, Pietermaritzburg, 2012.

This paper evaluates the effectiveness of the institutional framework of the Commonwealth of Virginia in the implementation and enforcement of nonpoint source (NPS) pollution control measures in the state's urbanizing areas. The institutional framework is developed primarily around the existing governmental framework. The federal, state and local roles are examined in terms of the relevant legislative and executive NPS control activities already taking place. The judicial function is considered in terms of constitutional guarantees of protection of private property and the potential for liability stemming from the implementation of structural and nonstructural best management practices (BMP's). Three generic categories of BMP's are evaluated in light of this institutional environment: on-site BMP's, off-site BMP's and nonstructural BMP's. Where they are relevant, various subcategories of the institutional environment are examined: mechanisms and responsibility for financing and maintenance, managing future urban growth and mediating interjurisdictional arrangements. The introduction and first four chapters develop this material and the final chapter is an analysis of the existing state programs (the Erosion and Sediment Control Law and the State Water Control Board's voluntary Urban NPS Control and Abatement Program). The product of this analysis is the conclusion that both state programs analyzed are weak due to a lack of state oversight. In addition, the Erosion and Sediment Control Program could be strengthened by amending the law to add a viable "stop work" order and by defining violations as being civil rather than criminal (misdemeanors) violations. / M.S.

published_or_final_version / Environmental Management / Master / Master of Science in Environmental Management

Thesis (M.C.P.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning, 1979. / MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH. / Bibliography: leaves 361-380. / by Andrew Schiffrin. / M.C.P.

Thesis (M.Sc. (Zoology)) --University of Limpopo, 2014 / Contamination of aquatic ecosystems by agricultural and mining activities, as well as by industrial discharges and urbanization in the catchment of the South African river systems has been the cause of increasing public concern. These activities may result in water pollution. One such river is the Olifants River System in Mpumalanga and Limpopo provinces which is highly impacted. The main aim of the study was to assess the impact of the water and sediment quality on the health of Clarias gariepinus and Labeo rosae and human risk when the fish is consumed at the Phalaborwa Barrage in the Lower Olifants River, Limpopo Province. This was achieved by assessing the water and sediment quality of the barrage at the three sampling sites; assessing the condition of the fish and the fish parasites by applying the fish HAI (Health Assessment Index) and PI (Parasite Index); determining the bioaccumulation of selected metals in the muscle tissue of the two fish species; and to determine the Human health risk factor upon consumption of fish contaminated with metals at the barrage. Ten fish from each fish species were collected seasonally at each site using gill nets of different mesh sizes. Standards methods were followed when testing selected water and sediment constituents. For water quality sampling, the water samples were collected over four seasons (autumn, winter, spring and summer) at three sites (inflow, wall and below wall) from April 2010 to January 2011. Sediment samples were also collected using a Friedlinger mudgrab (225cm3) at the three sites during winter and summer. Fish hosts were examined for mobile ectoparasites, weighed and measured. Blood samples were drawn and skin smears were made. Fish were killed, dissected and all external and internal organs were examined as prescribed in the fish health assessment index. The condition factor was determined for each fish population. All parasites were collected, fixed and preserved using standard methods. The highest water temperature (28.5 ºC) was in spring and lowest in winter (18 ºC). Overall pH was in an alkaline condition as it ranged from 7.4 to 8.7. Most water quality parameters were recorded at higher concentration in spring which includes; water temperature, pH, conductivity, salinity, TDS, alkalinity, and turbidity. Major ions (cations and anions) recorded were all within the TWQR. Sulphates concentrations were all within the TWQR. Calcium concentration levels exceeded the typical concentration limit in spring but the levels were still within the TWQR for domestic use. Nutrients levels (nitrate, nitrite, sulphate) were very low which indicate oligotrophic conditions. Highest total nitrogen was recorded in spring which is an indicative of eutrophic conditions. Highest phosphorous concentrations were recorded in winter, spring and summer which are an indicative of eutrophic conditions. Noticeable elevated levels were recorded at the inflow in summer which is an indicative of hypertrophic conditions. The results of the metals concentrations analysed demonstrated that metals within the barrage are present in trace amounts in the water. Analysis of the metal concentrations in water, sediment and fish muscle tissue revealed that the sediment contained the highest concentrations of metals followed by fish tissue and then the water. Metals that were detected in the water column includes; aluminium, antimony, arsenic, barium, boron, iron, manganese, selenium, strontium and tin. Metals that were detected at concentrations above the TWQR for aquatic ecosystem were; aluminium, antimony and selenium. Arsenic, cadmium and chromium were recorded at concentrations above the detection limit as suggested by CCME. Zinc concentrations were recorded at levels below suggested detection limit. Aluminium, barium, boron, cadmium, chromium, manganese, selenium and strontium were all detected at elevated levels in water and above the TWQR. Among the metals recorded in the water column, significant seasonal variations in concentration were found for aluminium, barium, boron, lead selenium and strontium whereas only boron showed a significant variation between sites. In comparison to the metals concentrations accumulated in the muscle tissue of both fish species. It was noted that C.gariepinus accumulated more metals than L. rosae; however L. rosae accumulated more metals at elevated concentrations than C. gariepinus. The metals that were accumulated at elevated levels in C. gariepinus were barium, boron, zinc and selenium. In L. rosae, iron, aluminium, strontium, titanium, vanadium and arsenic accumulated at elevated levels. All these metals pose a high risk to fish and human’s health. The highest population HAI was recorded in summer for both fish species. The lowest HAI value was recorded in autumn for both fish species. Although a high HAI population value was recorded higher in summer for both fish species, in general both fish species from the barrage were in a normal condition. A high number of ectoparasites were recorded in L. rosae than in C. gariepinus while high numbers of endoparasites were recorded in C. gariepinus than L. rosae. The dominating ectoparasites for both species were from the class monogenea. Although the prevalence for Contracaecum sp. in C. gariepinus was 100% in all season, it did not influence the condition of the host. None of the parasites identified from both fish species neither reached alarmingly infection levels nor caused any visible damage to the host. In conclusion, the water quality at the Phalaborwa Barrage is slightly polluted based on the water quality parameter(phosphorous) presence and recorded of some metals at the inflow that were recorded at elevated levels above the TWQR. Further recommendations are refereed such as extension of this study to all tributaries and to include other fish species in addition to constant monitoring of the impoundment.

Attention has been drawn to the observation that environmental benefits under the current regulatory approaches are diminishing with respect to increased pollution control costs. Regulators have begun to appreciate that while environmental gains can still be achieved under the current command and control system, the most significant environmental gains have already been made, and an alternative regulatory approach might be warranted for continued environmental improvement. This study found that regulatory initiatives that seek to address business incentives and disincentives may yield better environmental outcomes. Internal characteristics such as corporate environmental directives, waste audit and environmental performance tracking systems and linkage of compensation to environmental performance are evident in firms that have attempted to adapt to regulatory pressures. These characteristics, according to organizational models, are posited to improve the environmental performance of firms as environmental issues are linked to key business decisions. This study was conducted by surveying firms in the forest products industry. Certain firms were found to exhibit specific internal characteristics indicative of good environmental performance. The study attempts to identify the implication this finding has on regulators in terms of policy design and implementation. The study suggests that the optimum regulatory strategy is a hybrid of a command and control approach and a market-based approach which blends the compliance assurance of the command and control approach to address motivating firm behavior with the flexibility of the market-based approach to provide firms incentives to improve environmental performance. The study concludes that the value of such a hybrid approach which attempts to address firm incentives and disincentives related to their environmental practices will result in improved environmental performance. / Graduation date: 1998

Thesis (LLD.) -- University of Limpopo, 2021 / This thesis, “Regulation, control and prevention of marine pollution in South Africa: A Comparative analysis between national and international legal framework” focuses on the existing laws, conventions, treaties and policies on the control and prevention of marine pollution. Various laws have been enacted in South Africa to prevent and control marine pollution. However, marine pollution continues to increase at a rapid rate. This study aims to establish a basic approach that is aimed at combating marine pollution through examining the regulation, prevention and control of marine pollution in South Africa, with a specific focus on the comparative analysis of national and international framework. To this end, a comparison is made between South Africa and other jurisdictions in Africa, Europe, Asia and Latin America. The reason for employing a comparative approach is to learn best practices and finding solutions to the problem of marine pollution. Thus, the international legal framework, regional framework and operations of intergovernmental bodies and non-governmental bodies on the effort of combatting marine pollution were analysed. The objectives of this study were to examine how marine pollution is prevented through the existing legal framework; to identify the reason for the increasing rate of marine pollution despite the existing legal framework promulgated to curb marine pollution; to determine the effectiveness of the newly created IMOrg, juxtaposing it with similar organisations in other jurisdictions and to propose amendments to legislation that prevent and control marine pollution to ensure effective protection of the marine environment. This study was guided by questions such as the following: Do the existing legal frameworks adequately protect and control marine pollution? What is the reason for the increase in marine pollution despite the existing legal framework regulating marine pollution? How effective is the IMOrg in ensuring that South Africa address marine pollution? Is there a need to promulgate more effective legislation preventing and controlling marine pollution? x The study adopted a non-empirical qualitative research design that does not include data collection, questionnaire, systematic data analysis, observations and/or interviews. The study relied on the library materials that include but are not limited to textbooks, reports, legislations, regulations, charters, policies, amendments to the legislation, journals or academic journals, government gazette, constitution, national and international journals. From the materials consulted, the study revealed the existence of a relationship between the national and international legal framework. However, such an existing relationship is not good enough to effectively prevent the marine environment from harm. This is because a plethora of national legislations that regulate the marine environment comprise less stringent measures to deter future contravention. The study recommends amendments to legislations that regulate marine pollution to impose penalties that have a deterrent value on parties. The study advises against the repealing of these legislations.

LL.M. (International Law) / Please refer to full text to view abstract