Evaluating Alternative Prescribed Burning Policies to Reduce Net Economic Damages from Wildfire

We estimate a wildfire risk model with a new measure of wildfire output, intensity-weighted risk and use it in Monte Carlo simulations to estimate welfare changes from alternative prescribed burning policies. Using Volusia County, Florida as a case study, an annual prescribed burning rate of 13% of all forest lands maximizes net welfare; ignoring the effects on wildfire intensity may underestimate optimal rates of prescribed burning. Our estimated supply function for prescribed fire services is inelastic, suggesting that increasing contract prescribed fire services on public lands may produce rapidly escalating costs for private landowners and unintended distributional and "leakage" effects.     

Estimating the economic value of big game habitat production from prescribed fire using a time series approach

This paper demonstrates a time-series production technique to quantify the deer harvest and deer hunting benefits of controlled burns or prescribed fire. The time series regression model showed a statistically significant and positive effect of prescribed fire on deer harvest. The net economic value of the resulting additional deer hunting benefit was estimated using the Contingent Valuation Method at $ 98 per additional deer harvested. The initial deer hunting benefits of an additional 1,000 acres of prescribed burning are between $ 2,674 and $ 3,128 or $ 2-3 per acre. The costs of prescribed burning greatly exceed these benefits, suggesting that deer hunting benefits represent only a small part of the multiple use benefits of prescribed fire.     

Playing with Fire: Endogenous Risk in Resource Management

Prescribed fire as a wildfire risk mitigation tool is receiving increasing attention in the United States after a century of emphasis on suppression. A dynamic economic model of prescribed fire use, precaution, and timing is developed and applied to three important policy issues: vegetation management on the wildland-urban interface; the effect of liability on vegetation management decisions; and the problem of heavy initial fuel loads after years of suppression and fuel accumulation. Numerical simulation results are presented as illustrations of the analytical model.     

Assigning liability for pesticide spray drift

Conflicts over the use of pesticides causing damages to neighboring non-target crops led the United States Environmental Protection Agency (EPA) to propose a statement addressing pesticide spray drift. EPA is attempting to set out language that would clarify responsibilities for spray drift to offer protection to persons and properties harmed and minimize damages. Pesticide applicators expressed concern that a 2009 statement advanced a zero-risk, strict liability standard that would markedly increase liability for damages. EPA issued a revised statement in 2012 that provides a negligence standard of liability. From an investigation of liability rules employed to assign damages in pesticide drift cases, EPA's labeling statements are analyzed to discern their efficiency. The two alternative proposals present the opportunity for delineating a preferred liability rule that would enhance long-term economic performance of the agricultural production system by optimally addressing the externality between pesticide applicators and neighboring farms.     

Early evacuation is the best bushfire risk mitigation strategy for south‐eastern Australia

Given the large and increasing bushfire threat to lives and property in Australia, there is a need for economic evaluation of risk mitigation policies that can be implemented by governments and homeowners. Three broad policies applicable for existing at‐risk communities are evaluated: expanded use of landscape‐scale prescribed fire; home ignition zone treatment (bushfire defence sprinklers); and early evacuation when a bushfire is burning on extreme or catastrophic fire danger days. Early evacuation is the only option that yields net economic benefits relative to existing policy.     

An economic model of aboriginal fire‐stick farming

Australian Aborigines faced a resource management problem, which they addressed though burning regimes, referred to as fire‐stick farming. While dynamic economic analysis is clearly applicable, to date there have been no attempts to use it to model burning regimes. This paper develops a delayed‐response optimal‐control model to describe Aboriginal fire‐stick farming. The model explains a collective welfare maximizing burning regime that successfully controlled wildfires, protected the resources essential to survival, and, incidentally, produced a biodiverse landscape and limited greenhouse gas emissions. When the parameters of the model are changed to reflect the current institutional realities of reduced access to the land, and less direct dependence on it, traditional Aboriginal burning is prevented or delayed, fuel loads build up and uncontrolled fires are more likely to occur, damaging previously protected species. If Aboriginal burning is to be used to control fires successfully in a modern resource management context, it is necessary to adjust for changes in the institutional incentive structure. Payments for carbon offsets are an example of replacing lost incentives with new ones.     

Improvements in pesticide drift reduction technology (DRT) call for improving liability provisions to offer incentives for adoption

BackgroundThe widespread use of pesticides has contributed to increased crop productivity accompanied by problems of releasing toxic substances into the environment. One of the concerns is the release of pesticide spray drift that is carried to off-target properties causing injuries.ObjectivesIn 2016, the EPA released a generic verification protocol for pesticide drift reduction technology (DRT). With this protocol, applicators of pesticides can select verified products and equipment with the assurance that the technology will reduce the risk of spray drift damages, but there are inadequate incentives for its adoption.DiscussionDrift reduction technology can only reduce injuries to people, flora, and fauna if it is adopted by applicators. To address incentives for adoption, an analysis of liability provisions governing spray drift damages suggests that the jurisprudence governing liability might need updating to capture technological benefits. Two proposed legislative provisions are offered that would incorporate DRT into negligence law.ConclusionThrough the amendment of negligence law, liability provisions for pesticide spray drift damages can offer encouragement for applicators to adopt DRT.     

The influence of crop insurance agents on coverage choices: The role of agent competition

We examine how competition among crop insurance agents affects coverage choice in the federal crop insurance program. Agents may influence producers’ insurance decisions to maximize their total compensation. We develop a theoretical model of producer–agent interaction to examine how loss potential, agent compensation mechanisms, and market competition affect the coverage level selected. Using crop insurance unit-level datasets from five states, we find evidence that agent market concentration and agents’ market share matter in the insurance coverage decisions of producers but that the economic significance of the influence is relatively small. Agent influence over coverage level, premium, and liability choice is generally positive but inconsistent across states, which may be attributable to differences in loss risk and agent compensation mechanisms.     

Food Safety and Private International Law

Abstract

One response to rising consumer concerns pertaining to food safety has been private industry and public sector initiatives to put in place traceability systems. One of the objectives of traceability systems is to enhance the deterrence role played by legal liability. When supply chains cross international boundaries, private international law governs liability. This paper explores the relationship between food safety, traceability, legal liability and private international law with the interface of Canadian and US law as the example. The conclusion is that, even when legal systems have a similar basis and governments cooperate in enforcement, the complexity of private international law will inhibit the role of traceability and liability in raising food safety standards.     

农村集体经济组织成员资格认定 ——自治、法治、德治协调的视域

研究目的:构建农村集体经济组织成员资格认定规则,推进农村集体经济组织立法的研究和探索。研究方法:以自治、法治、德治相协调为视角,采用跨学科研究法和规范研究法分析农村集体经济组织成员资格认定的实践做法,对不同实践做法的基本特征与主要内容、不同的实施路径进行比较研究。研究结果:实现自治、法治、德治的协调是农村集体经济组织成员资格认定规则设计的基本路径,对于推动农村集体经济组织立法具有更强的科学性和实践性。研究结论:针对当前相关实践中存在的自治、法治、德治失调问题,应当将自治、法治、德治协调作为农村集体经济组织成员资格认定规则设计的主线,并将其有效融入到立法体例、认定主体、程序规则、判定标准、丧失资格、司法救济、协同保障等内容中。     

违约责任与侵权责任的竞合:经济上的赔偿——对《农村土地承包法》第56条的分析

从违约案例出发,讨论《农村土地承包法》与《合同法》中违约责任与侵权责任的竞合及原因,论述两者的本质属性不同及立法区别,并对具体的法律条文提出了修改、完善的建议。违约责任因违反约定义务而承担责任,侵权责任因违反法定义务而承担责任,前者侵害履行利益即期待利益,后者侵权固有利益即现有利益。     

Time to Burn: Modeling Wildland Arson as an Autoregressive Crime Function

Six Poisson autoregressive models of order p [PAR( p )] of daily wildland arson ignition counts are estimated for five locations in Florida (1994–2001). In addition, a fixed effects time-series Poisson model of annual arson counts is estimated for all Florida counties (1995–2001). PAR( p ) model estimates reveal highly significant arson ignition autocorrelation, lasting up to eleven days, in addition to seasonality and links to law enforcement, wildland management, historical fire, and weather. The annual fixed effects model replicates many findings of the daily models but also detects the influence of wages and poverty on arson, in ways expected from theory. All findings support an economic model of crime.     

试谈对法律责任适用中竞合问题的处理

《森林法》是我国林业建设的基本法 ,它既是一部护林法 ,又是一部兴林法 ,保护森林资源是森林法的宗旨。但现实中破坏森林资源的行为时有发生 ,我国《森林法》专章规定了对违反森林法规定的行为所应承担的法律后果。违反森林法律规范是产生法律责任的前提 ,法律制裁则是法律责任的必然后果。根据违反森林法律规范行为的性质和程度不同 ,森林法中的法律责任主要分为刑事责任和行政责任。责任种类差别决定执行处罚的机关不同 ,而不同机关对违法行为处罚所适用的程序法和实体法也不同 ,因此各种责任在适用中会出现竞合情况。正确处理好各种责任之间的衔接 ,首先要区分违反森林法律规范的性质 ,即是一般违法行为还是犯罪 ,这是处理行政责任和刑事责任适用衔接的前提和基础。     

Controlling agricultural nonpoint water pollution: costs of implementing the Maryland Water Quality Improvement Act of 1998⋆

The Maryland Water Quality Improvement Act of 1998 (WQIA) seeks to create environmental and other benefits to the Chesapeake Bay through reductions in nonpoint source nutrient pollution. This paper analyzes the economic impacts of the WQIA on agricultural users of nutrients (commercial fertilizers or animal manures) and on poultry growers in the state of Maryland. The net economic impacts to each of these groups are estimated along with some discussion of the distribution of the impacts. Recognition of the distribution of the impacts allows for the assessment of potential policies to address negative impacts. Additional sections of the WQIA are discussed in terms of their ability to shift the distribution of the impacts or to provide partial compensation to those most affected. The WQIA is the most restrictive agricultural nonpoint pollution control law in the US. While the WQIA only regulates nutrient use in the state of Maryland, other states, as well as the federal government, are watching how this law is implemented. Many states are considering similar laws. At the national level, the United States Department of Agriculture and the United States Environmental Protection Agency have issued draft guidelines that will control nutrients from animal operations in much the same way as the WQIA. Therefore, analyses of the economic impacts of the WQIA may be important in shaping policies in other states and at the national level.     

Incentives and disincentives for diversified agroforestry systems from different actors’ perspectives in Bolivia

Even though diversified agroforestry systems can provide sustainable livelihoods and a resilient production of different goods, adoption remains limited in Bolivia. We examine major obstacles to agroforestry adoption and possible incentives proposed by farmers and civil-society organizations, and relate them to governance and international mechanisms that might play a role in agroforestry adoption. Market access for produce from diversified agroforestry remains difficult, as does its processing and transport. Moreover, farmers have difficulties in achieving the quantities and homogenous quality demanded by markets in the major cities. But most importantly, farmers and civil-society organizations saw little government support, although ‘ecological production in harmony with Mother Earth’ is prescribed by law and the constitution. Agroforestry farmers needed support most urgently in the initial phase, when investment costs are high and returns low. They suggested affordable credits, subsidies for diversified farming systems, and insurance against fire. We identified important albeit small steps towards developing markets for agroforestry products, but government support – mostly in the form of diesel subsidies, materials, and infrastructure – mainly benefitted large-scale monocultures and cattle ranching. In response to this, interviewees opted for strengthening farmers’ organizations, for demanding support with the help of civil-society organizations, and for disseminating best practices.     

Optimal pest control in greenhouse production of ornamental crops

In this study, we develop a conceptual bioeconomic model of floriculture production with aesthetic benefits, wherein optimal decision rules depend on an intertemporal economic objective to maximize profits subject to economic and biological processes. Necessary conditions of the model identify optimal trajectories (e.g., simultaneous, single, or cycling controls) that define decision rules and economic thresholds for profit maximizing growers producing crops with aesthetic attributes. The necessary conditions also highlight intertemporal trade‐offs between aesthetic benefits and expected future net benefits of arthropod stocks, which have important policy implications. The model is applied to the greenhouse production system of ivy geranium.     

On Food Companies Liability for Obesity

The U.S. food industry faces tobacco-style lawsuits for providing misleading information about health risks linked to the consumption of fatty products. This article investigates the link between alternative liability rules and the incentive for disclosing health information to consumers. We show that if the expected damage is relatively low, the absence of intervention is socially optimal. If the expected damage is not too high, mandatory labeling is socially optimal. Liability rules are only welfare-enhancing for high levels of risk and/or when consumers misperceive health warnings.     

论严格责任原则的合理性基础

我国侵权责任法确立了严格责任原则,因此,架构严格责任原则存在的合理性基础是一项重要的理论课题。从历史维度看,经历了从结果责任和过错责任阶段后,严格责任产生于社会生产力飞速发展的十九世纪末二十世纪初。从价值维度看,由过错责任到严格责任的制度变化从本质上来讲,正是由矫正正义向分配正义嬗变的结果。从人性维度看,人性具有"恶"与"善"两个方面,人性之"恶"构成过错责任原则的人性论基础,而人性之"善"是严格责任原则的人性论基础。     

鱼类外来物种入侵的法律管制分析

近年来,外来物种人侵给我国带来了巨大的经济损失,引起了国内学界及相关部门的重视。鱼类外来物种入侵给我国的渔业经济同样造成了巨大的经济损失。目前,却缺乏相应的法律管制。本文从我国当前的鱼类外来物种入侵现状着手,分析我国当前的外来物种人侵法律管制体系及存在的立法理念落后、法律规定缺位、管理机构混乱等问题;在此基础上,对鱼类外来物种入侵的法律管制提出了一些建议,希望能对加强鱼类外来物种入侵管理做出贡献,以促进渔业经济的健康发展。     

Measuring the Costs and Trade Effects of Phytosanitary Protocols: A U.S.–Japanese Apple Example

This article investigates the trade impact of Japan's decision in 2005 to revise its phytosanitary protocol for fire blight for U.S. apple imports but retain its codling moth protocol. The analysis presents a participation model to measure the economic costs of phytosanitary barriers to trade. The model provides an explicit cost of the phytosanitary barriers in terms of the structure of the protocols, an important advantage over the price-wedge methodology. This makes it possible to separate the economic costs of various protocols—in this case, the fire blight and codling moth protocols.