Biodiversity Law 2010 - Virgin Islands National Park

Today was downhill all the way. The class hiked Saint John from mountaintop to seashore. Here is how the University of Kansas School of Law Biodiversity Law class describes the highs and lows:

Today we went to St. John by ferryboat. Our mission: to hike reef bay trail. Reef bay trail begins on the highest point in the Virgin Island National Park. We descended the mountain with a Unites States National Park Service Ranger, Don Near. Ranger Don is the most experienced Ranger in the Virgin Islands and has a wealth of knowledge about the National Park. As we began the descent, we noticed that the air was cool, the trees were tall and thin, and there was less under brush. We walked down an old Danish cart trail. Toward the bottom, the forest was denuded, probably from goats. However, this forest was recovering from overgrazing as evidenced by the abundance of saplings. While the canopy was lower at the bottom, there was more vegetation at the ground, including wild pineapple, cactus, and epiphytes.

We observed a lot of native as well as several of invasive species that did not appear to be disturbing the endemic vegetation. The invasive species included the wild pineapple, sweet lime and strangler fig. The native species included the turpentine, the Virgin Island Palms, and cinnamon tree. The National Park also contained an abundance of animal life, both native and introduced. The only natural mammals on the island are bats. However, we also observed a mongoose, deer, and evidence of overgrazing by goats. We also saw large spiders, snails, soldier crabs and lizards.

Due to the presence of the National Park, there is a noticeable difference between St. Johns and St. Thomas. St. Thomas is much more developed than St. Johns and much more people live on St. Thomas than St. Johns. The development leads to vastly different coastlines. In St. Johns the trees go to the ocean, while on St. Thomas, the tree-line begins after expanses of beaches, shops, ports, streets, and parking lots. Due to the lack of development, St. Johns supports a denser and richer population of wildlife.

While there are many biodiversity laws in force that protect the Virgin Islands National Park, enforcement is a problem because of local culture, jurisdictional issues, and financial constraints. One example of the limitation of local culture is that the local population can fish on the waters of the National Park, but they are only allowed to take two specific species. The other fish species are protected as endangered species by the Endangered Species Act. While the natives know of this rule, they take more than they are supposed to without fear of enforcement. The lack of enforcement undermines the ESA as well as other environmental laws. Another example comes from the land mammals. Donkeys are grazers and eat endangered plants thereby impacting the entire forest ecosystem. The local human population finds the donkeys useful and the idea of slaughtering them unsavory. Additionally, cats eat endangered lizards and birds, but the local population fights against any harmful removal efforts based on sympathy.

Jurisdictional issues in the National Park also undermine the enforcement of biodiversity laws. When an offense is committed in the Park, sometimes it is unclear whether the National Park Service or the Virgin Island’s local police has jurisdiction. This confusion leads offenses being overlooked and locals not respecting the law. If the local police claim jurisdiction over a case, it is less likely that they will hold the offender accountable to the environmental provision than the National Park Service.

Finally, financial constraints limit the ability for the National Park Service to enforce their laws. The National Park Service is the recipient of limited federal funds. The staff and equipment is limited and cannot cover the extensive grounds of the park on a regular basis. The lack of coverage means that offenses may go unnoticed.

The class has one day left in the Virgin Islands. Watch here for their final report.

Biodiversity Law 2010 - Over the Sea to Britain

Our third day took us to Jost van Dyke and Sandy Cay in the British Virgin Islands. Here is the University of Kansas School of Law Biodiversity Law class' account:

We went to Jost Van Dyke, a small island in the British Virgin Islands. After braving the sea and a small squall with our fearless Captain Ron, we arrived safely. We met with Susan who works for a non-profit organization that is committed to preserving biodiversity in the BVI. After our introduction Susan took us to a very small island called Sandy Cay. Sandy Cay was a private island owned by the Rockefeller family but was recently donated to the BVI government and is now designated a national park. It only takes twenty minutes to walk across Sandy Cay, however, it supports a very diverse ecosystem. The islands plant and land structure varies greatly from the sandy beaches on one side to the higher rock cliffs that support cactus. Before the island was donated it was used as a botanical garden and during this time people introduced several invasive species to the island including but not limited to rats, spider lilies and different species of palm trees.

When the BVI government acquired control and designated the land as a national park, some people involved with Susan’s organization worked diligently to eradicate the invasive species. They have successfully removed the rats. They still monitor the possible presence of rats, but there has been no evidence of rats inhabiting the island in six years. Because of the removal of the rats, the native species such as several different types of species of lizards, and soldier crabs have flourished on the island. The amount of lizards and solider crabs is vastly higher on Sandy Cay than on neighboring Jost Van Dyke. This is an example of how invasive species can decimate a population of native species and how removing the invasive species, the native populations can be restored and thrive.

The spider lilies are abundant on the island, however the removal of them has not been as widely supported because they are seen as threats, and they are quite beautiful when they bloom. However, judging by the shear mass of spider lilies on the island, it would be interesting to see what plants might flourish on the islands if this invasive species was removed.

In order to preserve the ecosystem of these islands, there needs to be a structured enforceable legal framework. Eradicating a species requires cooperation from the local governments. An example of this is the successful eradication of rats on Sandy Cay whereas Jost Van Dyke’s biodiversity is still plagued by the presence of mongoose and goats. Without local support it is impossible to begin and or carry out the lengthy process of eradicating these invasive species. Local people are opposed to the eradication of goats because they depend on them for their economic independence. The eradication of mongoose is opposed because the mongoose effectively controls snake populations, and while not poisonous the locals have a deep-rooted fear of snakes.

There are several ideas for future statutes and regulations to control invasive species. One idea would be to educate the local population on the benefits of biodiversity and the threats invasive species cause to the entire ecosystem including the people themselves. If the local people were more amenable to control invasive species, the invasive could easily be eradicated as evidenced on Sandy Cay. Another idea might be strict liability for releasing an invasive species. This strict liability should include not only fines for releasing the invasive but also liability for the costs of retribution including the costs of eradicating the species.

Despite the laws currently imposed or laws proposed, in order to see any benefits to biodiversity strong, consistent enforcement is necessary. There is extreme sporadic enforcement of environmental laws on the island causing most people to ignore them without the fear of repercussions that undermines the effectiveness of the law.

Tomorrow, the class will hike on Saint John, from mountaintop to seashore.

Biodiversity Law 2010 - Legislative Hearing

Today, the University of Kansas School of Law Biodiversity Law class was invited to Legislative hearings at the Virgin Islands Legislature. Here is the students' account of what they experienced and learned:

The US Virgin Islands have recently been consumed by a project that proposes to take combustible waste and petroleum coke (pet coke) and burn it to produce energy. This project is alternatively styled as a waste incinerator or waste-to-fuel project, among other terms. The project was put out to bid by the USVI WPA and a firm called Alpine won the bid to construct the project. In the lead-in to securing approval and permitting for the project, the territorial government and Alpine have engaged in public town hall meetings, and the USVI Senate scheduled hearings to gather facts about the project. These legislative hearings provided a forum for administrative officials, consultants, community leaders, and concerned citizens to voice their facts and opinions to the USVI senators concerning the proposed waste-to-fuel project to be built on St. Thomas. The hearings were conducted in the committee responsible for economic development and technology and included a witness list of just under twenty people. After being sworn in, each speaker was given five minutes to introduce themselves. Upon motion, the committee moved to allow each speaker ten minutes. In the afternoon, the Senators would pose questions to whichever witnesses they desired.

The proponents of the project spoke first. These included the executive director of the VI Water and Power Administration, the Commissioner of Planning and Natural Resources, and the Waste Management Authority executive. Accompanying these territorial government administrators were the consultants from the fields of law and engineering. The gist of the administrators and consultants’ presentation was that the incinerator project was an efficient way to remove garbage from the island while providing a relatively cheap and renewable source of energy. In addition, they repeatedly noted that the project met the best available control technology standards mandated by the EPA, although no standards for pet coke exist.

Opponents of the project included the president of the Bovoni homeowners association, the director of the St. John Community Foundation, environmental activists, and concerned private citizens. Their main concern was this project did not address the waste management problem in the Virgin Islands because current dumping sites would continue to leach toxic effluent, and the project would only account for a small percentage of the waste generated on the islands. Additionally, the opponents of the plant highlighted the potentially deleterious environmental and public health effects of the plant.

The hearings may or may not have had a lot to do with whether the plant is approved. The chairman of the committee indicated that the comments from the hearings would help the Senators make an informed decisions. Throughout our meetings with witnesses and senators and others, though, there was evidence that the decision may have already been made. In other words, the hearing’s real goal may be to let the public know that the Senators are seriously deliberating over the issue. If the Senate does approve the plant and the power purchasing agreement between WPA and Alpine, then further permits and laws may play a part in how the plant affects biodiversity.

Effects of the Proposed Incinerator on Biodiversity
The proposed incinerator could have a number of ramifications for biodiversity. The most direct effect will be felt through habitat destruction, as the proposed site is an undeveloped hillside. In order to build the site, the top of the hill will be leveled off. This could result in loss of species habitat, and some of the species affected include endangered animals, such as the Virgin Islands Tree Boa, and an endangered grass species. Construction will also result in erosion that will run into the ocean, possibly interfering with coral reef and other marine life, including endangered coral species. The long term effects from the operation of the plant mainly stem from pollution. The pollution could take the form of particulate matter, non-toxic releases, and toxic emissions. These emissions could fall down on the Virgin Islands and the surrounding seas, and possibly be swept through the air into more distant locations. More locally, the emissions can fall down onto the island and be absorbed into terrestrial and aquatic environments. The long-term buildup of toxics could affect endangered species on the island, and decrease habitat by disturbing vegetation. A secondary concern is what will happen to solid waste that results from the burning of ash and pet coke. This will have to be deposited somewhere, and may result in more habitat loss if an area must be cleared to place this waste.

Some existing laws could aid in combating the potential biodiversity loss from the incinerator. For instance, the Endangered Species Act could come into play because the incinerator could possibly result in a taking of endangered species. If the Fish and Wildlife Service were to get involved, the builders of the incinerator would have to be deal with the possible taking through mitigation activities. The Clean Air Act and Clean Water Act could also play a role in the regulation of the proposed incinerator. The Clean Air Act would have an effect by regulating the type of control technology that would have to be utilized in the emission of burned materials. Particulates will result from the burning of certain materials, and these are also regulated by the CAA. Additionally, because there is a national park nearby, the National Ambient Air Quality Standards (NAAQS) would probably apply; and so there would be a duty to keep the air of St. Thomas pristine. The Clean Water Act could play a 2 roles: first, the resulting solid waste would likely have to be dumped somewhere, and the incinerator would be subject to point source regulation. Second, the water could be affected by the burnt ash making its way into the watershed and could incidentally have an effect on the pollutant levels in the water regulated by the CWA.

Stay tuned for more tomorrow.

Biodiversity Law 2010 - Mermaid's Chair

For the 10th year in a row, Biodiversity Law is being taught in the Virgin Islands. Here is the University of Kansas School of Law Biodiversity Law class' report from Day 1:

Today we went to Mermaid’s chair, located in Botany Bay on St. Thomas in the United States Virgin Islands. First we walked along the beach and observed the native flora and fauna. We noted a variety of flora, ranging from cactus to sea grapes, and a variety of fauna, ranging from soldier crabs to pelicans. We then observed tide pools, which acted as natural hatcheries.

After exploring the land we hit the water for some snorkel time to observe the marine life. As we snorkeled for an hour and a half, we were impressed by the abundance of fish and coral in such a small area. As a group we estimated on average each person saw 35 “species” of fish and coral. A few examples are:

Fish:
Parrot fish
Blue tang
Squirrel fish
Zebra fish
Trumpet fish
Neon fish
Sea urchins
Snails
Ghost crab
Duster worm
Surf perch
Clown wrasse
Sergeant Major
Tube sponge
Flounder

Coral:
Brain coral
Staghorn coral
Fire coral
Pipe of pan coral
Elkhorn coral
Fan coral (in shades of yellow and coral)

Ecosystem Generally

Mermaid’s chair is a small cove at the intersection between the Caribbean and Atlantic. The cove is protected from the worst of the swells of the unprotected open sea, but enough waves crash into shore that the animals that call this place home must be adapted to the rough life. The water is temperate, with year round temperatures warm enough allowing for the existence of an incredible amount of coral and fish. Soldier crabs, ghost crabs, and snails live on virtually every land surface, from holes in the sand to various rock formations. The watershed feeding the cove with fresh water runoff is heavily forested and contributes little runoff or sediment, allowing for clearer water in the cove.

Policy Change/ Preexisting Laws For Mermaid’s Chair

Currently, there are laws and institutions in place for the conservation of biodiversity in Mermaid’s chair that could be applied to the existing ecological situation. For instance, the Endangered Species Act could prove useful to protecting many of the various organisms from coral to fish and birds. The Elkhorn coral is in such limited supply that is qualifies as an endangered species, as is the brown pelican. Extending the protection of the Endangered Species Act would ensure that government agencies had to be mindful of their actions as it would affect the endangered species. The ESA would also protect against takings by private parties; thus, individuals would be prevented from breaking coral or causing harm in any way to any endangered species. The ESA is already applicable to these endangered species, but further enforcement is necessary for the species to be effective.

Another possibility for conserving the biodiversity on the land and continuing to keep the beach a quiet and less-traveled beach is acquiring conservation easements on the private land currently slated for development. By stopping the development of the area, it would keep the integrity of the soil intact, would help prevent more destruction of native species, and keep further invasive species who hitchhike in on lumber and personal gardens out.

Possibilities for conserving the biodiversity at Mermaid’s chair include enacting zoning requirements and entering into use and development agreements with the builders. Zoning requirements would have to be enacted by the local government and would have to be constitutional in nature, but these could be anything as building density requirements to setbacks from the water. Entering into use and development agreements with the builders could accomplish these same goals, and could additionally require the development to be environmentally respectful and to preserve as much of the existing biodiversity as possible. These could take the forms of restricted covenants or contracts. This option allows the developers to take more initiative, and keep a better public relations perspective from the community and potential buyers.

There will be more tomorrow.

Video: Environmental Summit

Full video of the 11th Annual Northeast Florida Environmental Summit is now available online (this link will take you to the agenda, which links to each panel individually).

This interdisciplinary Summit, hosted by Florida Coastal School of Law and co-sponsored by Jacksonville University, featured eight panels and three plenary speakers addressing various issue areas under the broad theme of sustainability. Many of the presentations may be of interest to Biolaw readers, including the panles on Land Use, Biodiversity & Ecosystems, and Forestry & Agriculutre.

New Study Shows Serious Emotional Disturbances in Children Post Katrina

Mental health professionals have shown that there are serious emotional disturbances (SED) among children as a result of Hurricane Katrina. The Category 3 storm ravaged the Gulf Coast in August 2005. Characteristics of SED include inappropriate behavior, depression, hyperactivity, eating disorders, fears and phobias, and learning difficulties.

According to Virginia Tech News

A team made up of mental health professionals, emergency response experts, and researchers from several universities, including Virginia Tech, has published the results of a study that shows serious emotional disturbances among children who were affected by Hurricane Katrina. The Category 3 storm ravaged the Gulf Coast in August 2005.

The study, published in a recent issue of the Journal of the American Academy of Child and Adolescent Psychiatry, showed the estimated prevalence of serious emotional disturbances (SED) among residents of the affected areas was 14.9 percent. Of those, 9.3 percent of youths were believed to have SED that was directly attributable to Hurricane Katrina.

"Stress exposure was associated strongly with serious emotional disturbances," said Russell Jones, professor of psychology in the College of Science at Virginia Tech and member of the research team. "More than 20 percent of the youths with high stress exposure had hurricane-related SED."

The study found that youth who experienced death of loved one during the storm had the strongest association with SED. Exposure to physical adversity was the next strongest.
"The prevalence of SED among youths exposed to Hurricane Katrina remains high 18 to 27 months after the storm," Jones said. "This suggests a substantial need for mental health treatment resources in the hurricane-affected areas."

Katrina was the costliest hurricane in United States history as well as one of the five deadliest. Four years after the storm, nearly thousands of residents of Mississippi and Louisiana are still displaced from their homes.

Join me for a book discussion

A few months ago, Oxford published When Cooperation Fails: The International Law and Politics of Genetically Modified Foods, an interesting new book by Gregory Shaffer and Mark Pollack. Today, Opinio Juris is hosting a one-day book discussion about the book, with yours truly as a guest blogger. Please join the conversation--it should be fun!