Sunday, December 25, 2005

Mr. Harvey Lights a Candle

it is christmas night, and after a long day of driving and relatives and my brothers waking me up at 5 am. I am home in NH.

Noteworthy show of the night: Mr. Harvey Lights a Candle-it is chessey brit drama, but it hit the spot.

The plot as quoted from the bbc.uk - "High school teacher Mr. Harvey (Timothy Spall, Shooting the Past, Secrets & Lies) is completely misunderstood — and not just in the classroom. He's been carrying a secret, which has shaped his entire identity, but he is about to shed it. The kids, and his colleagues, think he's always been an old, humorless, fuddy-duddy. But before the end of a field trip to a 13th century cathedral, they'll learn about the secret — and students, staff, and Mr. Harvey himself will experience an epiphany."

s.e.w

Wednesday, December 14, 2005

it is hard to argue with a british accent

apt picture with our 6th apt who was visting from oxford.

Tuesday, December 13, 2005

Te lucis ante terminum

To thee before the close of day,Creator of the world, we pray That, with thy wonted favor, thou
Would'st be our guard and keeper now.
From all ill dreams defend our sight,From fears and terrors of the night; Withhold from us our ghostly foe,That spot of sin we may not know.
O Father, that we ask be done,Through Jesus Christ, thine only Son. Who, with the Holy Ghost and thee, Doth live and reign eternally. Amen.
Latin, c. 7th cent.

Monday, December 12, 2005

Pyrite Oxidation Chemistry-Acid Mine Drainage

Coal has been a source of energy since the industrial revolution and within the United States the Appalachian region has supplied coal to the Nation for more then 200 years (Cecil and Tewalt 2005), however many of the benefits from coal have not always out numbered the environmental implications of mining. Surface mining has disturbed about 1.8 million ha in the Appalachian region since 1930 and in West Virginia about 610,000 ha have been mined by underground methods, along with 276,000 ha have been surfaced mined (Demchak et al 2004). One of the major problems arising from coal mining is acid mine drainage, for about 10,000 km of streams have been affected in Pennsylvania, Maryland, Ohio and West Virginia (USEPA 1995).

Acid mine drainage occurs when pyrite is exposed to the atmosphere where it is oxidized which is extremely acidic (Evangelou 1998). This mechanism for reaction is as follows (Singer and Stumm 1970);
FeS2 + 7/2O2 + H2O à Fe2+ + 2SO42- + 2H+
Fe2+ + 1/4O2 + H+ à Fe3+ + 1/2H2O
Fe3+ + 3H2O à Fe(OH)3(s) + 3H+
FeS2 + 7Fe2(SO4)3 + 8H2O à 15 FeSO4 + 8H2SO4
Pyrite is present in coal seams and the rock layers overlying coal seams and the formation of acid mine drainage arises in surface mining, in which the overlying rocks are broken and removed to the extracted the coal. In the above mechanism, it is the second reaction which is known as the rate-limiting step and Thiobacillus ferrooxidans can increase the rate of Fe2+ oxidation by a factor of 106 (Singer and Stumm 1970). T. ferrooxidans is a chemoautotrophic and acidophilic organism that is able to oxidize Fe2+, S, metal sulfides and other reduced inorganic sulfur compounds (Evangelou 1998). Another bacterium found in acid mine wastes is Thiobacillus thiooxidans and it is able to oxidize both elemental sulfur and sulfide to sulfuric acid (Brierley 1982), nevertheless T. thiooxidans cannot oxidize Fe2+ (Harrison 1984). Pyrite oxidation by bacteria is classified into either direct metabolic reactions which requires physical contact between bacteria and pyrite particles or indirect metabolic reactions in which the bacteria oxidizes Fe2+ therefore regenerating the Fe3+ required for the chemical oxidation of pyrite (Singer and Stumm 1970).

There are however several methods of determining the potential of pyretic material to produce acid mine drainage. The first of these methods is the determination of potential acidity in the overburden. In this method a direct determination of the acid-producing potential is a pyrite oxidation technique using 30% H2O2 and the acid produced from the H2O2 is termed the potential acidity (Evangelou 1998).
FeS2 + 7.5 H2O2 à Fe(OH)3(s) + H2SO4 + 4H2O
As seen in the reaction above complete pyrite oxidation frees 2 moles of H2SO4 for each mole of pyrite and thus for each mole of pyrite oxidized, 2 moles of calcium carbonate is needed to neutralize the acid (Evangelou 1998). Another method is acid-base counting, which one of the most widely used methods for characterizing overburden in geochemistry (Evangelou 1998). The idea behind acid-base accounting is to account for the acid producing potential due to pyrite and the neutralizing potential due to alkaline materials, such as carbonates and the differences between the two potentials specify if there is enough base to neutralize the acid formed from the pyrite material (Evangelou 1998). However this method has been “criticized because it dose not consider differences between the rate of pyrite oxidation and the rate of carbonate dissolution” (Evangelou 1998). The last method is simulated weathering, where leaching overburden in laboratory scale experiments. The effluent is then collects from the leaching process in the laboratory and tested for pH, sulfate and iron and the results are used to evaluate acid drainage formation potential (Evangelou 1998).

In 1977, the Surface Mining Control and Reclamation Act was passed which “provided standards for environmental protection during mining operations and placed the responsibility of AMD [acid mine drainage] control and treatment on the operator” (Demchak et al 2004), since then there has been development of different ways to treat acid mine drainage. Even before the passage of the Surface Mining Control and Reclamation Act, the State of Pennsylvania passes strict effluent standards for mining operations and companies started to use chemicals, such as calcium carbonate, sodium hydroxide and sodium bicarbonate, to raise the pH of the effluent and decrease the solubility of dissolved metals (Department of Environmental Protection Bureau of Abandoned Mines 2005). However chemicals are expensive and so the c idea of passive treatment began to be researched in 1978. Passive treatment theoretically is to allow natural occurring chemical and biological reactions to aid in the treatment of acid mine drainage n a controlled environment.

The first passive treatment systems used the natural Sphangum wetlands and lead to research in anaerobic wetlands to treat acid mine drainage. Typically wetlands are designed conservatively and can treat discharges that contain dissolved oxygen, Fe3+, Al3+ and acidity less than 300 mg/L. The wetland acts as reducing wetland where organic substrates promote chemical and microbial process that generate alkalinity and increase the pH. The compost in the system removes the oxygen, which allows for the sulfate to be reduced and keeps the metal from oxidizing and the microbial respiration within the substrate reduces the sulfates to water and hydrogen sulfide (Department of Environmental Protection Bureau of Abandoned Mines 2005). The size of the wetlands has been determined by the United States Bureau of Mines,
Minimum wetland size (m2) = acidity loading (g/day)/ 7

Another method of passive treatment is open limestone channels. These can be constructed in two ways, the first being to construct a drainage ditch of limestone and the acid mine drainage will collect in the ditch or the second method would be to place limestone fragments directly into a contaminated stream. The limestone dissolves and neutralized the pyrite acidity to raise the pH (Department of Environmental Protection Bureau of Abandoned Mines 2005).

Also, diversion wells are another way of using limestone to raise the pH of contaminates waters. The contaminated water is piped into a downstream well where is mixes with crushed limestone aggregate using the hydraulic force of the pipe flow. However this method, the diversion wells require frequent refilling with new limestone. Yet another method using limestone is anoxic limestone drains, which are buried beds of limestone that are constructed to intercept subsurface mine water flows (Department of Environmental Protection Bureau of Abandoned Mines 2005).

However the pyroulsute process is a patented process that uses cultured microbes to remove iron, manganese and aluminum from acid mine drainage. This treatment uses a shallow bed of limestone aggregate introduced with microorganism by inoculation ports throughout the bed. These microorganism grow on the surface of the limestone where they oxidize metal contaminates while chipping way at the limestone, thus increasing the alkalinity (Department of Environmental Protection Bureau of Abandoned Mines 2005).

Abandoned mine lands generate more then 90% of the acid mine drainage in streams and rivers in the Appalachian region and most acidic drainage flows from underground mines (Demchak et al 2004). Nevertheless the unavailability of water resources and its accompany impaired aesthetics and degradation is the largest cost to the public. Consequently, the need for simple and inexpensive treatment, such as passive treatment systems need to be researched along with a better understanding of the natural process within mines that affect water quality over time. (Demchak et al 2004).

Works Cited

Brielery, C.L. 1982. Microbiological Mining. Scientific America 247: 42-51

Cecil, Blaine C and Tewalt, Susan J. 2005. “Coal Extraction—Environmental Prediction” U.S. Geological Survey Fact Sheet

Demchak, J., Skousen, J. and McDonald, L.M. 2004. “Longevity of Acid Discharges from Underground Mines Located above the Regional Water Table” J. Environ Qual. 33:656-668

Department of Environmental Protection Bureau of Abandoned Mines. 2005. “The Science of Acid Mine Drainage and Passive Treatment”

Evangelou, V.P. 1998. Environmental Soil and Water Chemistry: Principles and Applications. Wiley-Interscience Publications, New York, NY.

Harrison, A.P. 1984. “The Acidophilic thiobacilli and other acidophilic bacteria that share their habitat. Annual Review of Microbiology 38: 265-292

USEPA. 1995. “Streams with fisheries impacted by acid mine drainage in MD, OH, PA, VA and WV” USEPA Region III, Wheeling, WV.

written for IS: Environmental Chemistry
12th December 2005
s.e.w

Sunday, December 11, 2005

couch

i offically saw one couch lit in flames on the quad!

finals week!

Prayer of Humble Access

We do not presume to come to this thy Table, O mercifulLord, trusting in our own righteousness, but in thy manifoldand great mercies. We are not worthy so much as to gatherup the crumbs under thy Table. But thou art the same Lordwhose property is always to have mercy. Grant us therefore,gracious Lord, so to eat the flesh of thy dear Son Jesus Christ,and to drink his blood, that we may evermore dwell in him,and he in us. Amen.

Friday, December 09, 2005

Wednesday, December 07, 2005

images float in and out , only
stopping for a moment
to leave not even a slight impression
molecules, wars, human beings
pressing themselves against the toil of
a degraded environment

Sunday, November 20, 2005

weekend in the wood

View from my house this weekend!!!

Monday, November 07, 2005

baptism

i was baptized

Examination
The the Celebrant asks the following questions of the candidates who can speak for themselves, and of the parents and godparents who speak on behalf of the infants and younger children
Question
Do you renounce Satan and all the spiritual forces of wickedness that rebel against God?
Answer
I renounce them.
Question
Do you renounce the evil powers of this world which corrupt and destroy the creatures of God?
Answer
I renounce them.
Question
Do you renounce all sinful desires that draw you from the love of God?
Answer
I renounce them.
Question
Do you turn to Jesus Christ and accept him as your Savior?
Answer
I do.
Question
Do you put your whole trust in his grace and love?
Answer
I do.
Question
Do you promise to follow and obey him as your Lord?
Answer
I do.

The Baptismal Covenant
Celebrant Do you believe in God the Father?
PeopleI believe in God, the Father almighty, creator of heaven and earth.
Celebrant Do you believe in Jesus Christ, the Son of God?
People I believe in Jesus Christ, his only Son, our Lord.
He was conceived by the power of the Holy Spirit and born of the Virgin Mary.
He suffered under Pontius Pilate, was crucified, died, and was buried.
He descended to the dead.
On the third day he rose again.
He ascended into heaven, and is seated at the right hand of the Father.
He will come again to judge the living and the dead.
Celebrant Do you believe in God the Holy Spirit?
People I believe in the Holy Spirit,
the holy catholic Church,
the communion of saints,
the forgiveness of sins,
the resurrection of the body,
and the life everlasting.
Celebrant Will you continue in the apostles' teaching and fellowship, in the breaking of bread, and in the prayers?
People I will, with God's help.
Celebrant Will you persevere in resisting evil, and, whenever you fall into sin, repent and return to the Lord.
People I will, with God's help. Page 305
Celebrant Will you proclaim by word and example the Good News of God in Christ?
People I will, with God's help.
Celebrant Will you seek and serve Christ in all persons, loving your neighbor as yourself?
People I will, with God's help.
Celebrant Will you strive for justice and peace among all people, and respect the dignity of every human being?
People I will, with God's help.

Saturday, November 05, 2005

Hydrogen

After Hurricane Katrina hit the Gulf Coast, we Americans watched as gas prices soared to above $3.00 a gallon. This spike in gas prices led to many Americans reevaluating vehicle choices. Also, hybrid cars started to get more advertising space in the media, as well as gas companies beginning to promise to develop more environmentally friendly fuels. But is this the answer to America’s obsession with the internal combustion engine? Is there anything that will be more sustainable for the future? Because hybrid cars still have to use fossil fuels in order to run, hydrogen cars have the potential to be the “green” car of the future.
Using hydrogen technology to propel a moving object was first proposed by the Rev. W. Cecil who was a fellow at Magdalene College in Cambridge. He presented a paper in 1820 entitled, “On the Application of Hydrogen Gas to produce moving power in Machinery,” in which he discussed that when hydrogen is mixed with air, it produces a “large partial vacuum.” Then, the air that rushes back into this vacuum creates a force “nearly in the same manner as the common steam engine” (Hoffman 2002). Then, in 1923, John Burden Sanderson Aldine gave a lecture at Cambridge in which he stated that “hydrogen-derived from wind power via electrolysis, liquefied and stored, would be the fuel of the future” (Hoffman). In the 1930s, Harry Ricardo and A.F. Burst investigated the burn characteristics of hydrogen as a fuel in England (Hoffman). During World War Two, some of the greatest advancements in hydrogen fuel technology came from a German scientist, Rudolf Erin, but unfortunately due to his affiliation with the Nazi party, most of his business possessions where confiscated and many of his papers where destroyed in the Allied bombing (Hoffman). After the war, Francis T. Bacon developed a practical hydrogen-air fuel cell, which latter became important in the American space program (Hoffman). In 1962, Eduard Justi and August Winsel wrote a paper titled “Cold Combustion-Fuel Cells,” in which they laid out the idea of splitting water into its constituted parts of hydrogen and oxygen. When these elements are combined, enough energy is released to provide power, and water is re-formed (Hoffman). Also in the same year, an Australian electrochemist John Bockris proposed a plan to supply cities in the United States with solar-derived energy via hydrogen (Hoffman). In the last ten years, the development of hydrogen as a fuel has grown in leaps and bounds (see Timeline 1)
Hydrogen as a fuel is produced in six major ways: electrolysis, steam-methane reformation, biomass gasification, photoelectrolysis, coal gasification, and biohydrogen. Water electrolysis is the method of creating hydrogen in which an electrical current is passed through water to separate it into its constituents. While this method produces extremely pure hydrogen, it also uses significant amounts of electricity, which is often produced from coal or other types of power plants (Rocky Mountain Institute 2005). Also, hydrogen can be produced from methane, which is also known as natural gas. The mechanism is a two-step process at temperature of about 1000 ºC and is shown below: (Macdonald and Berry 2000)
CH4(g) + H2O(g) catalyst CO(g) + 3H2(g)
CO(g) + H2O(g) catalyst CO2(g) + H2(g)
However, this process both uses a fossil fuel as a starting material and produces carbon dioxide, a greenhouse gas, and therefore adding to the global climate change problem. Another method to produce hydrogen is by biomass gasification, in when a hydrogen-rich biomass item, such as wood chips or agricultural waste, is heated in a controlled atmosphere. This causes the biomass to convert to gaseous carbon monoxide, carbon dioxide and hydrogen. Most of the hurdles of biomass gasification have been economical, but hopefully the increased demand for hydrogen will make biomass gasification more economically viable. Hydrogen can also be produced from photoelectrolysis, which is the splitting of water into its constituents via the energy in sunlight via a semiconductor. However, this method has not been able to move from beyond the laboratory. Hydrogen can also be produced from coal though gasification, yet this undermines the idea of hydrogen as a “green” fuel, because it is being produced from a fossil fuel.
In addition to all the methods listed above, there is a method to produce hydrogen from green algae and this is known as BioHydrogen (Rocky Mountain Institute). A group led by Paul Weaver from the Nationally Renewable Energy Laboratory in Golden, Colorado, experimented with the algae Rhodospirillum rubrum, which produces hydrogen via its hydrogenase enzyme from water. Typically hydrogenase microbes are killed in the presence of oxygen, but there is a group discovered in a subset of R. rubrum that will continue to produce hydrogen even when exposed to oxygen. These microorganisms do not split water so the next step is to “take just the light-absorbing, water-splitting complex and link it directly to the hydrogen producing enzyme” (Hoffman).
What does hydrogen production mean and how can it apply to a more sustainable society? There is a philosophy called the “hydrogen economy,” that states that nations should change from an oil-based society to a society that relies on hydrogen. This “hydrogen economy would make it possible a vast redistribution of power” in which the oil companies and utilities would become obsolete. In this new economy, each human being would “become the producer as well as the consumer of his or her own energy” (Rifkin 2002). This idea is called “distributed generation” (Rifkin). Rifkin also cites access to electricity as a main contributor to economic growth and that for “every 100 household, 10 to 20 new businesses are created”(Rifkin). Also according to Stanford researches Mark Z. Jacobson, Whitney Goldsborough, Mark Colella and David M. Golden that converting currently operating automobiles from running by diesel or gasoline to hydrogen fuel-cell technology “would prevent millions of cases of respiratory illness and tens of thousands of hospitalizations annually”(“Toward a Hydrogen Economy” 2005).
However, there are challenges to this new “hydrogen” economy. The first being that the United States lacks an infrastructure for hydrogen fuel, therefore it gives the hydrogen cars a limited range. Also, as shown by the many methods of hydrogen production outlined, there are many ways to get hydrogen, nevertheless the only truly sustainable way to produce hydrogen is through either wind or solar power, where carbon dioxide and other greenhouse gases are not produced. As Americans, and stewards of creation, we need to look at the economic and environmental impact that oil has on the Earth. C. E Thomas, Vice President of Energy and Environment of Directed Technologies, Inc., was once quoted,
In economic terms, the cost of fuels dose not include the externalities of health effects due to urban air pollution, oil spills, ground water contamination, the military cost of defending oil, and, most important, the potential risks of major climate change. Put another way, society has a very high discount rate- we discount any adverse effects that occur in the future.
If the price of coal, oil, and, yes, even natural gas included a full account of externalities, then hydrogen would look much more promising overnight. If people had to pay $10/gallon for gasoline or 30 cents/[kilowatt-hour] for electricity to cover fossil fuel damages to our health and environment, then suddenly hydrogen fuel-cell vehicles and hydrogen produced by win, solar or biomass would look like a bargain. Investors would flock to hydrogen equipment manufacturers. People would convert their SUVs to run on clean-burning hydrogen derived from wind energy at only $2.50/gallon of gasoline equivalent.
A truly sustainable energy future has two attributes: no pollution or greenhouse gas emissions, no consumption of non-renewable resources. There are only two energy options that meet this sustainability goal: renewable hydrogen and fusion (quoted in Hoffman).

As we weigh the “externalities” of the cost of fuel, an energy source not based upon fossil fuels needs to be developed further by nations. There also needs to be more education about these alternative fuels to the common public. Thomas also stated,
Sustainability requires the intervention of governments. Governments alone have the responsibility of protecting the commons. Industry has no major incentive (other than public relations) to build a sustainable energy system. Their overriding objective is return on investment, and burning fossil fuels is very profitable. At best, they will sponsor renewable energy R&D or fuel-cell programs with an infinitesimally small fraction of their profits to give the appearance of preparing for a sustainable future. But most governments do not have the vision or leadership to look into the future and to implement policies that will provide for the welfare of future generations. Certainly, the US federal government is effectively paralyzed, barely able to pass all 13 appropriations bills, let alone tackle any significant societal problems. No US leader has the vision to state the need for sustainability and to follow the vision up with bold implantation programs (quoted in Hoffman).
A hydrogen economy will be our only viable and sustainable energy solution for the future and the government needs to step in to strongly encourage industry to continue to develop more sustainable solutions to the fuel situation.

Timeline 1: taken from Hoffman

Works Cited

Hoffman, Peter. 2002. Tomorrow’s Energy: Hydrogen, Fuel Cells, and the Prospect for a Cleaner Planet. The MIT Press, Cambridge, MA.

Rocky Mountain Institute.2005. “Where Dose Hydrogen Come From?”

Macdonald, Averil and Berry Martyn. 2000.Science through Hydrogen: Clean Energy for the Future. Heliocentris Energiessystemes GmnH, Berlin, Germany.

“Toward a Hydrogen Economy.” 2005. Environment 47.7: 7(1)

Rifkin, Jeremy. 2002. A Hydrogen Economy: The Power to Change the World. Los Angeles Times. Sept. 2, 2002.

written for independent study in environmental chemistry
4th November 2005
s.e.w

Monday, October 17, 2005

The Precautionary Principle and Environmental Law

There are many aspects of today’s society in which we rely on the government to make sure that there are some aspects of “precaution” taking place. When thinking about these areas, one finds that most of them lie within the food and drug arena. We rely on the government to prevent us from any harm that may ensue due to dyes or drugs on the market. In 1958 the Delaney Clause was added to the 1938 Federal Food, Drug and Cosmetic Act which states “the Secretary [of the Food and Drug Administration] shall not approve for use in food any chemical additive found to induce cancer in man, or, after tests, found to induce cancer in animals.” (cited in Wikipedia 2005). We hold to this idea of precaution when it comes to human beings, but do we hold to these same ideals when it comes to our natural world and the environment? However, the ideas and theory of the precautionary principle have had major implication unto international environmental law for the betterment of environmental conservation and should be applied to the United States. This can be seen in two international cases from Australia (Leatch v. National Parks and Wildlife Service) and India (M.C Mehta v. City of Delhi), one American case Ethyl v. EPA and the use of constitutional documents for the protection of the environment.
The Precautionary Principle has become a major principle in international environmental policies. The principle comes from the German world Vorsorgeprinzip, which means “foresight principle” (Kriebel 2001). In the early 1970s, the German government begin an air pollution control concept from which the word Vorsorgeprinzip was derived. The precautionary idea of Vorsopgeprinzip “has been described as an ‘action principle’ that holds public authorities responsible for protecting the natural foundations of life and preserving the physical world for the present and future generations” (LaFranchi 2005). Also, the Precautionary Principle “internationally ….is viewed as shifting the burden of proof from those who would challenge an offending activity to those who wish to commence or continue an activity” (Salzman and Thompson 2003).
This principle has been seen in numerous international treaties, binding and non- binding. Some of the non-binding treaties are: The Houston Economic Summit Declaration, written after the 1990 G-7 summit and the Bergen Ministerial Declaration on Sustainable Development in the Economic Commission for Europe. Both of these treaties well apposing the same principle comes from two different approaches. The Houston Declaration emphasis environmental protection by its statement “anticipate, prevent and attack the causes of environmental degradation” (cited in LaFranchi), whereas the Bergen Declaration expanded the precautionary principle by not just focusing on “irreversible damage” as the main indicator for the application of the principle but also that “serious damage” should warrant application (cited in LaFranchi). The Bergen Declaration also was a forerunner for the Rio Declaration on Environment and Development written in 1992 and was adopted by the United Nations Conference on Environment and Development. Principle 15 from the Rio Declaration states: “In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost effective measure to prevent environmental degradation” (cited in LaFranchi). The binding treaties, such as the United Nation’s Framework Contention on Climate Change and Convention on Biological Diversity. The preamble to the Convention on Biological Diversity makes reference to the precautionary principle, “noting also that where there is a threat of significant reduction of loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measure to avoid or minimize such a threat” (cited in LaFranchi). Yet the United States has not ratified the Convention on Biological Diversity or the Basel Convention on the Control of Tran boundary Movements of Hazardous Wastes and Their Disposal, the Convention on Environmental Impact Assessment in a Tran boundary Context, and the Kyoto Protocol to the Framework on Climate Change (Kormos 2001). This resistance can be explained by “tradition of isolationist foreign policy and a corresponding lack of enthusiasm for international instruments that might subject the United States to an international rule of law” (Kormos).
The first case of Leatch v. National Parks and Wildlife Service took place in New South Wales Australia where the council wanted to build a road to connect two developing communities. To do so, the council had to obtain a license to take or kill endangered fauna in or around the Bombaderry Creek as per the National Parks and Wildlife Act (LaFranchi). In the National Parks and Wildlife Act, the council was required to summit a Fauna Impact Statement to “help determine the extent to which proposed actions will harm and affect local wildlife” (LaFranchi). The overall reason for the trial was to determine how much the Director-General must use the Precautionary Principle when judging Fauna Impact Statement and Take Kill License. The ruling judge in this case, Judge Stein, wrote,

Application of the precautionary principle appears to me to be most apt in a situation of scarcity of scientific knowledge of species population, habitat and impacts…In this situation I am left in doubt as to the population, habitat and behavioral patters of the giant burrowing frog and am unable to conclude with any degree of certainty that a license…should be granted (Leatch v. National Parks and Wildlife Services 1993).

According to Judge Stein’s statement, the precautionary principle should be applied to situations such as these as another method to determine the proper course of action. Thus in this case the precautionary principle overruled the economic benefits of the road.
Another international case took place in the nation of India where public interest lawyer M.C. Mehta sued the government of India for unhealthy levels of air pollutants in Delhi. Even though the case took years to resolve, the Supreme Court in India “issued a series of orders resulting in several air pollution improvements, including the introduction of unleaded gasoline, catalytic converters, and low-sulfur diesel fuel.”(LaFranchi). Also, all the buses in the city had to convert to natural gas. The court in this case relied on the national constitution which states “The State shall endeavor to protect and improve the environment and to safeguard the forest and wildlife of the country”(cited in LaFranchi). And by the state not obeying the Constitution it held fault in this case. In addition to the constitution, the precautionary principle played a key role from Vellore Citizens’ Welfare Forum v. Union of India where a working definition of the precautionary principle was “[w]here there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.”(cited in LaFranchi). The court also ruled in Mehta that the level of air pollution “leads to considerable levels of morality and morbidity” (cited in LaFranchi). And thus the precautionary principle should apply to Delhi air pollution control policy and the court-issued fines against the government for its “ongoing violation of its constitutional obligation to protect the environment and health of the Indian people”(LaFranchi).
In an American court Ethyl v. EPA, the question was whether or not the EPA had the right under the Clean Air act to regulate lead in gasoline. The Clean Air Act is an example of Precautionary Principle “incorporated into U.S. environmental legislation”(Goldstein and Carruth 2005). The Clean Air Act authorizes the EPA to regulate gas additives that “will endanger” public health (Salzman and Thompson 2003). Lead at the time was a gas additive and studies suggested that lead presented a serious health risk but none of the studies were inconclusive (Salzman and Thompson). However the DC circuit judge upheld the EPA authority and, emphasizing precautionary environmental legislation. The court suggested that an appropriate standard of proof might depend on the potential severity of harm; for example, very serious harm may call for a lower standard of proof (Salzman and Thompson).
Also, like in the Indian case which relied on the nation’s constitution, a few states adopted provisions for the environment into their constitutions in the 1970’s. In the state of Montana “the right is intended to prevent not just redress harm”(cited in Raffensperger 2003). In the state of Hawaii, the precautionary principle is developed to help further the idea of public trust doctrine built into the state’s constitution. This idea is seen in the Waiahole Ditch decision, in which small native farmers sought to challenge the Commissions on Water Resource Management for water allocated from the Waiahole ditch that had been taking to the other side of the island to the sugar plantations. The Supreme Court in Hawaii stated in its decision,
Where scientific evidence is preliminary and not yet conclusive regarding the management of fresh water resources which are part of the public trust, it is prudent to adopt ‘precautionary principles’ in protecting the resource. That is, where there are present or potential threats of serious damage, lack of full scientific certainty should not be a basis for postponing effective measures to prevent environmental degradation. In addition, where uncertainty exists, a trustee’s duty to protect the resource mitigates in favor of choosing presumptions that also
protect the resource (Cited in Raffensperger).

This statement by the court not only “reinforced the public trust doctrine but argued that the precautionary principle was essential for the implementing the doctrine”(Raffensperger 2003). Even though this is a State Supreme court case, the United States Supreme Court looks to these case as gaining precedence for future cases.
Over all the precautionary principle is starting to play a role in American environmental policy, seen from the courts stance in Ethyl v. EPA where the court upheld the precautionary legislation, to the Montana’s and Hawaii constitutions. Rachel Carlson in Silent Spring stated “If the Bill of Rights contains no guarantees that a citizen shall be secure against lethal poisons distributed either by private individuals or by public officials, it is surely only because our forefathers, despite their considerable wisdom and foresight, could conceive of no such problem” (Carlson 1962). However there is such a problem and there is no one overarching principle guiding the policy in the United States. On the other hand, if the ideals came into play that the precautionary principle became the foundation for American environmental law, then it could be built into the Constitution, where all citizens could enjoy nature for years to come. Nonetheless, Americans will have to retrain themselves and the way they think so that every action can promote the betterment of the land.

Literature Cited
Carlson, Rachel. 1962. Silent Spring. Houghton Mifflin, Boston, MA.

Godlstein, Bernard and Carruth, Russellyn. 2005. “Implications of the Precautionary Principle: Is it a Threat to Science?” Human and Ecological Risk Assessment 11.1: 209

Houston Declaration. 1990.

Kriebel, David, et al. 2001. "The Precautionary Principle in Environmental Science. (Commentaries)." Environmental Health Perspectives 109.9: 871(6)

LaFranchi, Scott. 2005. “Surveying the precautionary principle's ongoing global development: the evolution of an emergent environmental management tool." Boston College Environmental Affairs Law Review 32.3: 679-720

Raffensperger, Carolyn. 2003. “Constitutional Experiments: Protecting the Environment and Future Generations” Conservation Biology 17.6:1487(2).

Salzman, James and Thompson, Barton H. 2003. Environmental Law and Policy. Foundation Press, New York, NY.

Wikipedia. 2005. The Delaney Clause. <>

written for Environmental Ethics
16th October 2005
s.e.w