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Compliance and Enforcement of Environmental Law

Compliance and Enforcement of Environmental Law

Author: Lee Paddock; David L. Markell; Nicholas Bryner
Publisher: Edward Elgar Publishing
ISBN: 9781783477678
Published In: May 2017
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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 compliance and enforcement tools. The entries are structured around key topics, including: 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 also addresses targeting efforts to maximize the value of limited resources and ways of measuring compliance to help ensure that results are obtained using the relevant tools.

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