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Which types of regulatory reinvention work and which don't? This book identifies innovative regulatory best practice internationally in a number of specific contexts, providing policy prescriptions which would better enable agencies to fulfil their regulatory missions.
Nearly everyone accepts as gospel two assumptions: compliance with environmental rules is high, and enforcement is responsible for making compliance happen. Both are wrong. In fact, serious violations of environmental regulations are widespread, and by far the most important driver of compliance results is not enforcement but the structure of the rule itself. In Next Generation Compliance, Cynthia Giles shows that well-designed regulations deploying creative strategies to make compliance the default can achieve excellent implementation outcomes. Poorly designed rules that create many opportunities to evade, obfuscate, or ignore will have dismal performance that no amount of enforcement will ever fix. Rampant violations have real consequences: unhealthy air, polluted water, contaminated drinking water, exposure to dangerous chemicals, and unrestrained climate-forcing pollution. They also land hardest on already overburdened communities - that's why Next Gen and environmental justice are tightly linked. The good news is there are tools to build much better compliance into regulations, including many tested strategies that can be the building blocks of programs that withstand the inevitable pressures of real life. Next Generation Compliance shows how regulators can avoid the compliance calamities that plague far too many environmental rules today, a lesson that is particularly urgent for regulations tackling climate change. It has an optimistic message: there are ways to ensure reliable results, if regulators jettison incorrect assumptions and design rules that are resilient to the mess and complexity of the real world.
This Advanced Introduction provides a clear and accessible guide to the essential elements of environmental compliance and enforcement programs. It examines compliance programs designed to assist regulated entities in meeting their obligations, as well as enforcement tools designed to address non-compliance - such as administrative, civil judicial, and criminal enforcement. Offering an insightful overview of this important area, LeRoy C. Paddock highlights recent developments that are changing the way compliance and enforcement work is practiced.
The study of water pollution control regulation is a study of statutes and their administration. This casebook explores water pollution and the federal statute chiefly designed to control it, the Clean Water Act, and examines how water pollution is addressed, first by the common law and then by statute. An introduction provides the student with an understanding of what constitutes water pollution, where it originates, and how it can be controlled. These materials were originally designed for the introductory course in environmental regulation/environmental law at Pace Law School. A Teachers Manual includes exercises that teach students advanced legal research, familiarity with administrative law mechanisms, and the ability to integrate what they have learned about the Clean Water Act.
This case book introduces students to fundamentals of environmental law and explains the logic behind the nation's current regulatory and other environmental initiatives. Material is presented primarily through an examination of the major environmental statutes, to stress the factual, scientific, and technical contexts of environmental legislation. This fourth edition integrates place-based approaches to addressing environmental problems, and adds chapter-opening summaries, plus new charts, tables, and problems. Glicksman teaches law at the University of Kansas. Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com).
When you purchase a new version of this casebook from the LIFT Program, you receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. Now available in an interactive study center, Examples & Explanations offer hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics covered in class. Starting July 1, 2017, if your new casebook purchase does not come with an access code on the inside cover of the book, please contact Wolters Kluwer customer service. The email address and phone number for customer service are on the copyright page, found within the first few pages, of your casebook. Environmental Protection: Law and Policy welcomes Daniel Bodansky, a leading expert on global climate change and international law, as its distinguished new co-author. Completely updated and revised, the Sixth Edition offers a new chapter covering climate change and a substantially revised chapter on international environmental law. Environmental Protection: Law and Policy, now in its Sixth Edition, features a complete introduction to the history of environmental protection, laws and regulations, regulatory design strategies, and policy objectives analysis of constitutional federalism and related policy questions concerning the design and implementation of environmental protection programs an international and interdisciplinary approach that incorporates science, economics, and ethics coverage of the major federal pollution control laws--the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, CERCLA, and more two chapters on natural resource management issues, focusing on the National Environmental Policy Act and the Endangered Species Act, but also including national forest management landmark and cutting-edge cases with explanatory text, notes and questions charts and graphics, plus numerous exercises and problems. Author website, Teacher's Manual, and annual summer Professor's Updates Completely updated, the Sixth Edition includes a new chapter on climate change that covers important scientific, policy, and program design questions coverage of the 2010 Deepwater Horizon oil spill and its implications for environmental assessment, common law liability, remediation of oil spills, and imposition of liability under the Oil Pollution Act a new section providing comparative analysis of remediation of chemical and oil spills under CERCLA, RCRA, and the Oil Pollution Act substantial revision of the chapter on international environmental law recent developments in preemption law important cases decided by the Supreme Court and the federal Courts of Appeals since the publication of the last edition new problems and streamlined text and note materials
Winner, 2007 Louis Brownlow Award presented by the National Academy of Public Administration (NAPA) and 2006 Best Book in Environmental Management and Policy, American Society for Public Administration. Environmental regulation in the United States has succeeded, to a certain extent, in solving the problems it was designed to address; air, water, and land, are indisputably cleaner and in better condition than they would be without the environmental controls put in place since 1970. But Daniel Fiorino argues in The New Environmental Regulationthat—given recent environmental, economic, and social changes—it is time for a new, more effective model of environmental problem solving. Fiorino provides a comprehensive but concise overview of U.S. environmental regulation—its history, its rationale, and its application—and offers recommendations for a more collaborative, flexible, and performance-based alternative. Traditional environmental regulation was based on the increasingly outdated assumption that environmental protection and business are irreversibly at odds. The new environmental regulation Fiorino describes is based on performance rather than on a narrow definition of compliance and uses such policy instruments as market incentives and performance measurement. It takes into consideration differences in the willingness and capabilities of different firms to meet their environmental obligations, and it encourages innovation by allowing regulated industries, especially the better performers, more flexibility in how they achieve environmental goals. Fiorino points to specific programs—including the 33/50 Program, innovative permitting, and the use of covenants as environmental policy instruments in the Netherlands—that have successfully pioneered these new strategies. By bringing together such a wide range of research and real world examples, Fiorino has created an invaluable resource for practitioners and scholars and an engaging text for environmental policy courses.
A pioneering model for constructing and assessing government authority and achieving policy goals more effectively Regulation is frequently less successful than it could be, largely because the allocation of authority to regulatory institutions, and the relationships between them, are misunderstood. As a result, attempts to create new regulatory programs or mend under-performing ones are often poorly designed. Reorganizing Government explains how past approaches have failed to appreciate the full diversity of alternative approaches to organizing governmental authority. The authors illustrate the often neglected dimensional and functional aspects of inter-jurisdictional relations through in-depth explorations of several diverse case studies involving securities and banking regulation, food safety, pollution control, resource conservation, and terrorism prevention. This volume advances an analytical framework of governmental authority structured along three dimensions—centralization, overlap, and coordination. Camacho and Glicksman demonstrate how differentiating among these dimensions better illuminates the policy tradeoffs of organizational alternatives, and reduces the risk of regulatory failure. The book also explains how differentiating allocations of authority based on governmental function can lead to more effective regulation and governance. The authors illustrate the practical value of this framework for future reorganization efforts through the lens of climate change, an emerging and vital global policy challenge, and propose an “adaptive governance” infrastructure that could allow policy makers to embed the creation, evaluation, and adjustment of the organization of regulatory institutions into the democratic process itself.