Description
Book SynopsisThe
Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.
Countries throughout the world have adopted increasingly comprehensive environmental laws over recent years. Even so, immense challenges remain to achieve desired sustainability outcomes. One of the key problems in bridging the gap between legal requirements and sustainability outcomes is deficiencies in compliance and enforcement programs. Compliance and Enforcement of Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together leading experts to provide a detailed overview of critical issues associated with assuring compliance with environmental laws.
The expert entries are structured around key topics, including: compliance promotion, private governance, common law causes of action, writing enforceable rules, monitoring and reporting requirements, administrative enforcement, civil judicial enforcement, assessment of civil penalties, and criminal liability. The book addresses efforts to maximize the value of limited resources and evaluate the effectiveness of relevant tools. It also reviews both regulatory and non-regulatory compliance mechanisms. Each entry includes a detailed bibliography to facilitate more in-depth research.
Providing a broad overview, concise explanations and avenues for research, this assessment of environmental law compliance and enforcement is an indispensable tool for students, academics and practitioners.
Contributors include: M.-E. Arbour, P. Asbeek-Brusse, K. Barker, N.S Bryner, L. Collins, M. de Bree, H. de Haas, R.E. Deming, R.L. Glicksman, B. Grigg, N. Gunningham, D. Hindin, C. Holley, R.L. Juni, H.H. Kang, S.F. Mandiberg, D.L. Markell, H. McCready, H. McLeod-Kilmurray, S.H. Metzenbaum, J.G. Miller, J.A. Mintz, L.C. Paddock, M.T. Sanders, J.P. Shimshack, J. Silberman, D. Sinclair, S.L. Stafford
Trade Review'Effective environmental governance requires behaviour in compliance with environmental laws and policies. This book offers an important analysis of both incentivising and deterring compliance and enforcement tools. As such, it provides scholars, practitioners and policy-makers alike with a state-of-the-art toolbox to improve and strengthen environmental governance.' --Christina Voigt, University of Oslo, Norway
'This compelling collection of essays provides a succinct yet comprehensive framework for the discussion of compliance and enforcement in environmental law. It serves in equal measure those looking for a general overview and those in need of a deeper dive.' --Durwood Zaelke, Institute for Governance & Sustainable Development and International Network for Environmental Compliance and Enforcement, US
Table of ContentsContents: Foreword to the Encyclopedia Jamie Benidickson and Yves Le Bouthillier Foreword to Volume IV Michael Faure Introduction to Volume IV LeRoy C. Paddock, David L. Markell, and Robert L. Glicksman PART I Non-regulatory approaches to compliance 1. Voluntary self-policing and the US Audit Policy Sarah L. Stafford 2. Using management systems in public environmental supervision Martin de Bree and Han de Haas 3. The role of Environmental Management Systems Rachel E. Deming PART II Civil enforcement 4. Compliance, deterrence and beyond Neil Gunningham 5. Liability law and nuisance in the civil law tradition Marie-Eve Arbour 6. Common law tools to protect the environment Lynda Collins and Heather McLeod-Kilmurray 7. Enforcement strategies: inspection, targeting and escalation Cameron Holley and Darren Sinclair 8. Enforceable regulations Michelle T. Sanders and Pieter Asbeek-Brusse 9. Effective environmental monitoring and reporting Jon Silberman and David Hindin 10. Environmental civil penalties—an Australian perspective Brendan Grigg 11. Settlement of environmental enforcement disputes Joel A. Mintz 12. Procedures and standards for review of enforcement actions Robin L. Juni 13. Enforcement by local governments Helen H. Kang PART III Criminal Enforcement 14. Mental state Susan F. Mandiberg 15. Organizational liability for environmental crimes Jeffrey G. Miller 16. Towards intelligence-led environmental enforcement Heather McCready and Karina Barker PART IV Special Issues in Compliance and Enforcement 17. Quantitatively measuring deterrence: empirical tools for assessing the impact of environmental monitoring and enforcement actions Jay P. Shimshack 18. Environmental compliance and enforcement measurement: why, what, and how? Shelley H. Metzenbaum Index
