Full Description
The 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
Contents
Contents:
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
