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Compliance and Enforcement of Environmental Law

Edited by Lee Paddock, Associate Dean for Environmental Law Studies, The George Washington University Law School, David L. Markell, Steven M. Goldstein Professor, Florida State University College of Law and Nicholas S. Bryner, University of California, Los Angeles, School of Law, US
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 Enviromental 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.
Extent: 288 pp
Hardback Price: $210.00 Web: $189.00
Publication Date: 2017
ISBN: 978 1 78347 767 8
Availability: In Stock
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  • Environment
  • Environmental Law
  • Law - Academic
  • Environmental Law
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.
‘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

‘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
Contributors: 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:

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