Resolving Upstream & Downstream Conﬂicts Contingency Plans For Spills & Natural Resources Damages

0.0 11.0
11.20 14.590
14.610 16.490
16.510 17.960
17.980 18.900
18.920 20.780
20.800 22.490
22.510 23.550
23.570 27.810
27.830 30.360
30.380 34.410
34.430 35.580
35.600 38.830
38.850 40.740
40.760 43.50
43.70 44.810
44.830 48.140
48.160 49.920
49.940 53.710
53.730 57.230
57.250 59.490
59.510 62.310
62.330 67.680
67.700 69.510
69.530 71.780
71.800 76.40
76.60 77.550
77.570 79.680
79.700 82.10
82.30 85.250
85.270 88.430
88.450 91.840
91.860 93.910
93.930 96.680
96.700 97.350
97.370 101.170
101.190 104.770
104.790 109.70
109.90 110.500
110.520 120.830
120.850 123.50
123.70 127.60
127.80 129.930
129.950 130.970
130.990 134.370
134.390 136.900
136.920 138.860
138.880 142.720
142.740 145.910
145.930 150.430
150.450 152.830
152.850 156.120
156.140 160.460
160.480 164.460
164.480 169.450
169.470 173.720
173.740 179.70
179.90 183.250
183.270 185.410
185.430 193.0
193.20 195.530
195.550 197.170
197.190 200.720
200.740 203.240
203.260 207.390
207.410 209.780
209.800 213.800
213.820 218.620
218.640 220.400
220.420 223.970
223.990 225.500
225.520 228.340
228.360 231.10
231.30 234.10
234.30 236.380
236.400 236.383

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English
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Nepali

English: [ Sounds of Water ] French: [ Sounds of Water ] Nepali: [ Sounds of Water ]English: Additionally, he has four related questions. French: Additionally, he has four related questions. Nepali: Additionally, he has four related questions.English: One is French: One is Nepali: One isEnglish: "How can upstream communities French: "How can upstream communities Nepali: "How can upstream communitiesEnglish: be held accountable, French: be held accountable, Nepali: be held accountable,English: considering that compliance French: considering that compliance Nepali: considering that complianceEnglish: would have to be more stringent French: would have to be more stringent Nepali: would have to be more stringentEnglish: in such regions?" French: in such regions?" Nepali: in such regions?"English: Ben Grumbles: That's difficult. French: Ben Grumbles: That's difficult. Nepali: Ben Grumbles: That's difficult.English: The U.S. Supreme Court has struggled with that, French: The U.S. Supreme Court has struggled with that, Nepali: The U.S. Supreme Court has struggled with that,English: and uh...you know, the downstream violations - French: and uh...you know, the downstream violations - Nepali: and uh...you know, the downstream violations -English: you have to have actual, French: you have to have actual, Nepali: you have to have actual,English: measurable, detectable violations French: measurable, detectable violations Nepali: measurable, detectable violationsEnglish: to trace it back to the upstream discharger. French: to trace it back to the upstream discharger. Nepali: to trace it back to the upstream discharger.English: But ultimately they can be held responsible French: But ultimately they can be held responsible Nepali: But ultimately they can be held responsibleEnglish: under a regulatory program. French: under a regulatory program. Nepali: under a regulatory program.English: It requires, it's a unique circumstance. French: It requires, it's a unique circumstance. Nepali: It requires, it's a unique circumstance.English: It can be difficult, French: It can be difficult, Nepali: It can be difficult,English: because there are causation and scientific questions. French: because there are causation and scientific questions. Nepali: because there are causation and scientific questions.English: But if scientists can prove that an upstream discharger French: But if scientists can prove that an upstream discharger Nepali: But if scientists can prove that an upstream dischargerEnglish: has caused the problem, French: has caused the problem, Nepali: has caused the problem,English: then they can be subject to penalties, French: then they can be subject to penalties, Nepali: then they can be subject to penalties,English: or they can be required to carry out French: or they can be required to carry out Nepali: or they can be required to carry outEnglish: some type of environmental project French: some type of environmental project Nepali: some type of environmental projectEnglish: to mitigate the harm. French: to mitigate the harm. Nepali: to mitigate the harm.English: Deepika Shrestha: So what if there is a harm, French: Deepika Shrestha: So what if there is a harm, Nepali: Deepika Shrestha: So what if there is a harm,English: and what are some contingencies French: and what are some contingencies Nepali: and what are some contingenciesEnglish: or emergency response system French: or emergency response system Nepali: or emergency response systemEnglish: that can be used by downstream communities French: that can be used by downstream communities Nepali: that can be used by downstream communitiesEnglish: should there be a toxic spill or worse upstream, French: should there be a toxic spill or worse upstream, Nepali: should there be a toxic spill or worse upstream,English: and considering that it is a developing country French: and considering that it is a developing country Nepali: and considering that it is a developing countryEnglish: with relatively less money for resources and technology? French: with relatively less money for resources and technology? Nepali: with relatively less money for resources and technology?English: Ben Grumbles: So there are French: Ben Grumbles: So there are Nepali: Ben Grumbles: So there areEnglish: a couple of responses or approaches French: a couple of responses or approaches Nepali: a couple of responses or approachesEnglish: that come to mind. French: that come to mind. Nepali: that come to mind.English: One is routine, regular discharges French: One is routine, regular discharges Nepali: One is routine, regular dischargesEnglish: that create, eventually create an emergency problem, French: that create, eventually create an emergency problem, Nepali: that create, eventually create an emergency problem,English: is one scenario. French: is one scenario. Nepali: is one scenario.English: The other one is spills. French: The other one is spills. Nepali: The other one is spills.English: Given that communities may be closely connected French: Given that communities may be closely connected Nepali: Given that communities may be closely connectedEnglish: by a river or a water body, French: by a river or a water body, Nepali: by a river or a water body,English: it's really important to have French: it's really important to have Nepali: it's really important to haveEnglish: the governing entities around that water body French: the governing entities around that water body Nepali: the governing entities around that water bodyEnglish: come together and develop French: come together and develop Nepali: come together and developEnglish: spill contingency plans and response plans, French: spill contingency plans and response plans, Nepali: spill contingency plans and response plans,English: whether it's oil or some type French: whether it's oil or some type Nepali: whether it's oil or some typeEnglish: of toxic chemical or hazardous substance. French: of toxic chemical or hazardous substance. Nepali: of toxic chemical or hazardous substance.English: That's hard to do sometimes, French: That's hard to do sometimes, Nepali: That's hard to do sometimes,English: because human nature is to not... French: because human nature is to not... Nepali: because human nature is to not...English: I know I'm guilty of this, you know, French: I know I'm guilty of this, you know, Nepali: I know I'm guilty of this, you know,English: be more reactive than proactive. French: be more reactive than proactive. Nepali: be more reactive than proactive.English: But the key is to be as proactive as possible French: But the key is to be as proactive as possible Nepali: But the key is to be as proactive as possibleEnglish: to develop some type of spill response plan French: to develop some type of spill response plan Nepali: to develop some type of spill response planEnglish: that is meaningful, and not just a piece of fiction. French: that is meaningful, and not just a piece of fiction. Nepali: that is meaningful, and not just a piece of fiction.English: On the routine discharges or the ones French: On the routine discharges or the ones Nepali: On the routine discharges or the onesEnglish: that are the result of continuous insult over time, French: that are the result of continuous insult over time, Nepali: that are the result of continuous insult over time,English: that's where you really need some inter-, super authority French: that's where you really need some inter-, super authority Nepali: that's where you really need some inter-, super authorityEnglish: that has some jurisdiction over... French: that has some jurisdiction over... Nepali: that has some jurisdiction over...English: inter-jurisdictional body French: inter-jurisdictional body Nepali: inter-jurisdictional bodyEnglish: to try to impose some standards that will... French: to try to impose some standards that will... Nepali: to try to impose some standards that will...English: or regulatory system that will reduce French: or regulatory system that will reduce Nepali: or regulatory system that will reduceEnglish: the likelihood of that problem. French: the likelihood of that problem. Nepali: the likelihood of that problem.English: But over time, if there is a problem, French: But over time, if there is a problem, Nepali: But over time, if there is a problem,English: there should be compensation. French: there should be compensation. Nepali: there should be compensation.English: Natural resource damages is a very important area French: Natural resource damages is a very important area Nepali: Natural resource damages is a very important areaEnglish: of U.S. water law and policy. French: of U.S. water law and policy. Nepali: of U.S. water law and policy.English: After oil spills or other types of problems, French: After oil spills or other types of problems, Nepali: After oil spills or other types of problems,English: there's a need to insure that the polluter pays, French: there's a need to insure that the polluter pays, Nepali: there's a need to insure that the polluter pays,English: not just for the clean-up, French: not just for the clean-up, Nepali: not just for the clean-up,English: but the long-term injury to natural resources. French: but the long-term injury to natural resources. Nepali: but the long-term injury to natural resources.English: And that is always French: And that is always Nepali: And that is alwaysEnglish: subject to question and doubt French: subject to question and doubt Nepali: subject to question and doubtEnglish: by some of the responsible polluters French: by some of the responsible polluters Nepali: by some of the responsible pollutersEnglish: who will challenge the science causation of it, French: who will challenge the science causation of it, Nepali: who will challenge the science causation of it,English: but that's something to work on. French: but that's something to work on. Nepali: but that's something to work on.

Deepika Shrestha: Additionally, he has four related questions. One is "How can upstream communities be held accountable, considering that compliance would have to be more stringent in such regions?"

Ben Grumbles: That's difficult. The U.S. Supreme Court has struggled with that, and uh...you know, the downstream violations - you have to have actual, measurable, detectable violations to trace it back to the upstream discharger. But ultimately they can be held responsible under a regulatory program. It requires, it's a unique circumstance. It can be difficult, because there are causation and scientific questions. But if scientists can prove that an upstream discharger has caused the problem, then they can be subject to penalties, or they can be required to carry out some type of environmental project to mitigate the harm.

Deepika Shrestha: So what if there is a harm, and what are some contingencies or emergency response system that can be used by downstream communities should there be a toxic spill or worse upstream, and considering that it is a developing country with relatively less money for resources and technology?

Ben Grumbles: So there are a couple of responses or approaches that come to mind. One is routine, regular discharges that create, eventually create an emergency problem, is one scenario. The other one is spills. Given that communities may be closely connected by a river or a water body, it's really important to have the governing entities around that water body come together and develop spill contingency plans and response plans, whether it's oil or some type of toxic chemical or hazardous substance.

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That's hard to do sometimes, because human nature is to not... I know I'm guilty of this, you know, be more reactive than proactive. But the key is to be as proactive as possible to develop some type of spill response plan that is meaningful, and not just a piece of fiction.47

On the routine discharges or the ones that are the result of continuous insult over time, that's where you really need some inter-, super authority that has some jurisdiction over... inter-jurisdictional body to try to impose some standards that will... or regulatory system that will reduce the likelihood of that problem. But over time, if there is a problem, there should be compensation. Natural resource damages is a very important area of U.S. water law and policy.

After oil spills or other types of problems, there's a need to insure that the polluter pays, not just for the clean-up, but the long-term injury to natural resources. And that is always subject to question and doubt by some of the responsible polluters who will challenge the science causation of it, but that's something to work on.

Section Quiz

1. Natural resource damages is a very important area of U.S. water law and policy.

True
False

Correct

Wrong