A bold and profoundly new way of governing environmental problems is palpable around the globe and aims to overcome the limitations of the interventionist state and its market alternative to offer more effective and legitimate solutions to today's most pressing environmental problems. The 'new environmental governance' (NEG) emphasises a host of novel characteristics including participation, collaboration, deliberation, learning and adaptation and 'new' forms of accountability. While these unique features have generated significant praise from legal and governance scholars, there have been very few systematic evaluations of NEG in practice, and it is still unclear whether NEG will in fact 'work', and if so, when and how. This book offers one of the most rigorous research investigations into cutting edge trends in environmental governance to date. Focusing its inquiry around some of the most central, controversial and/or under researched characteristics of NEG, the book offers fresh insights into the conditions under which we can best achieve successful collaboration, effective learning and adaptation, meaningful participatory and deliberative governance and effective forms of accountability. The book synthesizes its findings to identify seven key pillars of 'good' NEG that are central to its success and will provide useful guidance for policymakers and scholars seeking to apply new governance to a wide range of environmental and non-environmental policy contexts. The book also advances our understanding of State governance and will be a valuable reference for scholars, researchers and students working in law and regulation studies - especially in the field of environmental law.
This in-depth study of fourteen pulp manufacturing mills in the United States, Canada, Australia, and New Zealand provides the most extensive and systematic empirical examination, to date, of the reasons firms achieve the levels of environmental performance that they do.
Historically, the mining industry has had a high incidence of work related injury and disease, and of disasters involving multiple fatalities. It also faces OHS challenges far exceeding those confronting most other industry sectors.Mine safety legislation can play an important role in meeting those challenges. Although regulation is never likely to be the entire answer, good regulation not only brings laggards up to a minimum legal standard, it also encourages, rewards and facilitates leaders in going beyond them. Bad regulation, in contrast, constrains good enterprises from taking the initiative to improve OHS, while failing to deter bad ones.This book describes mine safety legislation in the "mining states" and analyses its strengths and weaknesses. It also examines the broader policy questions of how best to design, implement and enforce mine safety regulation.It argues that substantial reform will be necessary not only in setting standards, but also in their implementation, if further OHS improvements are to be achieved. This implies substantial changes in the way the mine safety inspectorates go about their tasks: in how they administer and enforce the law; and in the circumstances in which they choose to prosecute. It also requires the nurturing of a degree of trust between employers and workers (individually and collectively) and between both these parties and the mines inspectorates, that has been substantially lacking in recent years.
Consensus is growing internationally that traditional command-and-control approaches to environmental regulation have borne much of their low-hanging fruit. Yet it is far from clear what should complement or replace them. Regulatory agencies and policy-makers are struggling with a lack of information about regulatory reform, about what works and what doesn't, and about how best to harness the resources of both government and non-government stakeholders. Progress is being impeded unnecessarily by a lack of shared knowledge of how similar agencies elsewhere are meeting similar challenges and by a lack of data on the success or otherwise of existing initiatives. Despite recent and valuable attempts to deal with such problems in the European Union and North America, these remain islands of wisdom in a sea of ignorance. For example, when it comes to dealing with small and medium-sized enterprises, very little is known, and what is known is not effectively distilled and disseminated. Much the same could be said about the roles of third parties, commercial and non-commercial, as surrogate regulators, and more broadly of many current initiatives to reconfigure the regulatory state. Based on the authors' work for the OECD, Victorian Environmental Protection Authority and the Western Australian Department of Environment Protection, Leaders and Laggards addresses these problems by identifying innovative regulatory best practice internationally in a number of specific contexts, evaluating empirically the effectiveness of regulatory reform and providing policy prescriptions that would better enable agencies to fulfil their regulatory missions. Focusing primarily on the differing requirements for both corporations and small and medium-sized enterprises in North America and Europe, the book aims to complement existing initiatives and to expand knowledge of regulatory reform by showing: how existing experience can best be put to practical use "on the ground"; by drawing lessons from experiments in innovative regulation internationally; by reporting and extrapolating on original case studies; and by advancing understanding on which instruments and strategies are likely to be of most value and why. The authors argue that the development of theory has outstripped its application. In essence, Leaders and Laggards aims to ground a myriad of theory on the reinvention of environmental regulation into practice. The book will be essential reading for environmental policy-makers, regulatory and other government officials responsible for policy design and implementation, academics and postgraduate students in environmental management, environmental law and environmental policy, and a more general readership within environmental policy and management studies. It will also be of interest to those in industry, such as environmental managers and corporate strategists, who are considering the use of more innovative environmental and regulatory strategies, and to environmental NGOs.
Written with real clarity by authors teaching and researching in the field, Wolf and Stanley on Environmental Law offers an excellent starting point for both law and non-law students encountering this diverse and rapidly developing subject for the first time. The focus of the book is on the regulation and control of pollution and includes chapters on environmental permitting, waste management, air and water pollution and contaminated land. The book also includes the administration and enforcement of environmental law, EU environmental law, the environmental torts and the private regulation of environmental law. The book is supported by a range of learning features designed to help students: Consolidate your learning: Chapter learning objectives and detailed summaries clarify and highlight key points Understand how the law works in practice: 'Law in Action' features demonstrate the application of pollution control law Plan your research: Detailed end of chapter further reading sections outline articles, books and online resources that provide next steps for your research This sixth edition has been updated and revised to take into account recent developments in the subject, including coverage of the Environmental Permitting (England and Wales) Regulations 2010; developments in the Environment Agency enforcement and sanctions policy documents; updates relating to the defence of statutory authority in the tort of private nuisance; and current issue relating to compliance with the Aarhus Convention Suitable for students of environmental law and the wider environmental studies, Wolf and Stanley on Environmental Law is a valuable guide to this wide-ranging subject"--
Historically, the mining industry has had a high incidence of work related injury and disease, and of disasters involving multiple fatalities. It also faces OHS challenges far exceeding those confronting most other industry sectors.Mine safety legislation can play an important role in meeting those challenges. Although regulation is never likely to be the entire answer, good regulation not only brings laggards up to a minimum legal standard, it also encourages, rewards and facilitates leaders in going beyond them. Bad regulation, in contrast, constrains good enterprises from taking the initiative to improve OHS, while failing to deter bad ones.This book describes mine safety legislation in the "mining states" and analyses its strengths and weaknesses. It also examines the broader policy questions of how best to design, implement and enforce mine safety regulation.It argues that substantial reform will be necessary not only in setting standards, but also in their implementation, if further OHS improvements are to be achieved. This implies substantial changes in the way the mine safety inspectorates go about their tasks: in how they administer and enforce the law; and in the circumstances in which they choose to prosecute. It also requires the nurturing of a degree of trust between employers and workers (individually and collectively) and between both these parties and the mines inspectorates, that has been substantially lacking in recent years.
Consensus is growing internationally that traditional command-and-control approaches to environmental regulation have borne much of their low-hanging fruit. Yet it is far from clear what should complement or replace them. Regulatory agencies and policy-makers are struggling with a lack of information about regulatory reform, about what works and what doesn't, and about how best to harness the resources of both government and non-government stakeholders. Progress is being impeded unnecessarily by a lack of shared knowledge of how similar agencies elsewhere are meeting similar challenges and by a lack of data on the success or otherwise of existing initiatives. Despite recent and valuable attempts to deal with such problems in the European Union and North America, these remain islands of wisdom in a sea of ignorance. For example, when it comes to dealing with small and medium-sized enterprises, very little is known, and what is known is not effectively distilled and disseminated. Much the same could be said about the roles of third parties, commercial and non-commercial, as surrogate regulators, and more broadly of many current initiatives to reconfigure the regulatory state. Based on the authors' work for the OECD, Victorian Environmental Protection Authority and the Western Australian Department of Environment Protection, Leaders and Laggards addresses these problems by identifying innovative regulatory best practice internationally in a number of specific contexts, evaluating empirically the effectiveness of regulatory reform and providing policy prescriptions that would better enable agencies to fulfil their regulatory missions. Focusing primarily on the differing requirements for both corporations and small and medium-sized enterprises in North America and Europe, the book aims to complement existing initiatives and to expand knowledge of regulatory reform by showing: how existing experience can best be put to practical use "on the ground"; by drawing lessons from experiments in innovative regulation internationally; by reporting and extrapolating on original case studies; and by advancing understanding on which instruments and strategies are likely to be of most value and why. The authors argue that the development of theory has outstripped its application. In essence, Leaders and Laggards aims to ground a myriad of theory on the reinvention of environmental regulation into practice. The book will be essential reading for environmental policy-makers, regulatory and other government officials responsible for policy design and implementation, academics and postgraduate students in environmental management, environmental law and environmental policy, and a more general readership within environmental policy and management studies. It will also be of interest to those in industry, such as environmental managers and corporate strategists, who are considering the use of more innovative environmental and regulatory strategies, and to environmental NGOs.
A bold and profoundly new way of governing environmental problems is palpable around the globe and aims to overcome the limitations of the interventionist state and its market alternative to offer more effective and legitimate solutions to today's most pressing environmental problems. The 'new environmental governance' (NEG) emphasises a host of novel characteristics including participation, collaboration, deliberation, learning and adaptation and 'new' forms of accountability. While these unique features have generated significant praise from legal and governance scholars, there have been very few systematic evaluations of NEG in practice, and it is still unclear whether NEG will in fact 'work', and if so, when and how. This book offers one of the most rigorous research investigations into cutting edge trends in environmental governance to date. Focusing its inquiry around some of the most central, controversial and/or under researched characteristics of NEG, the book offers fresh insights into the conditions under which we can best achieve successful collaboration, effective learning and adaptation, meaningful participatory and deliberative governance and effective forms of accountability. The book synthesizes its findings to identify seven key pillars of 'good' NEG that are central to its success and will provide useful guidance for policymakers and scholars seeking to apply new governance to a wide range of environmental and non-environmental policy contexts. The book also advances our understanding of State governance and will be a valuable reference for scholars, researchers and students working in law and regulation studies - especially in the field of environmental law.
Despite decades of policy experimentation, the ultimate goal of efficient and effective environmental regulation has continued to elude policy-makers and regulatory theorists. The less than satisfactory performance of both government and market approaches to environmental protection has led tothe introduction of a broader range of policy mechanisms, such as education, information-based strategies, economic instruments and self-regulation. Yet these various policy instruments are usually treated as alternatives to one another rather than as complementary. Drawing from studies in North America, Europe and Australia, the authors show how the design of complementary combinations of policy instruments, tailored to particular environmental goals and circumstances, will produce more effective and efficient policy outcomes. They also confront the criticalproblem of how, at a time of fiscal constraint and small government, environmental policy might still be designed in ways that improve outcomes both for the environment and for business.
This in-depth study of fourteen pulp manufacturing mills in the United States, Canada, Australia, and New Zealand provides the most extensive and systematic empirical examination, to date, of the reasons firms achieve the levels of environmental performance that they do.
Over the last 15 years the coal mining industry has achieved impressive gains in its work health and safety (WHS) performance. These are widely attributed to the development of a new WHS architecture based on structured risk management concepts and WHS management systems.Regulators too have sought to harness this approach in the development of a new form of "management based regulation" which holds out the promise of "regulating at a distance" in a manner that is resource efficient while at the same time promising better WHS outcomes than more prescriptive alternatives.However, the coal mining industry has been unable to sustain its impressive injury/fatality reduction trajectory and individual companies have been unable to apply their WHS architecture successfully across the entirety of their operations. These findings raise important questions for WHS.Based on over 150 interviews mining industry stakeholders and on in depth access to multiple mine sites within individual companies, the authors conclude that corporate systems and other tools of management-based regulation only work well when WHS is institutionalised, and when it gets into the "bloodstream" of the organisation at site level. Only when the formal systems (audits, reporting, monitoring) are supported by informal systems (trust, commitment, engagement) will they be fully effective.These findings and policy prescriptions are relevant not just to mining and WHS but to the multiple areas of social regulation where a systems-based approach has become an article of faith for companies and regulators alike.
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