Leaders and Laggards Next


	Leaders and Laggards Next-Generation Environmental Regulation Professor Neil Gunningham, School of Resources, Environment and Society, and the Regulatory Institutions Network, Research School of Social Sciences, The Australian National University, Canberra, Australia and Darren Sinclair, Australian Centre for Environmental Law, The Australian National University, Canberra, Australia 224pp \| 234 x 156mm \| September 2002 Hardback: ISBN 1 874719 49 7 \| GBP40.00 USD75.00 Paperback: ISBN 1 874719 48 9 \| GBP19.95 USD40.00
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CONSENSUS IS GROWING INTERNATIONALLY that traditional command-and-control approaches to environmental regulation have borne much of their low-hanging fruit. Yet it is far from clear what should complement or replace them. Regulatory agencies and policy-makers are struggling with a lack of information about regulatory reform, about what works and what doesn’t, and about how best to harness the resources of both government and non-government stakeholders. Progress is being impeded unnecessarily by a lack of shared knowledge of how similar agencies elsewhere are meeting similar challenges and by a lack of data on the success or otherwise of existing initiatives. Despite recent and valuable attempts to deal with such problems in the European Union and North America, these remain islands of wisdom in a sea of ignorance. For example, when it comes to dealing with small and medium-sized enterprises, very little is known, and what is known is not effectively distilled and disseminated. Much the same could be said about the roles of third parties, commercial and non-commercial, as surrogate regulators, and more broadly of many current initiatives to reconfigure the regulatory state. Based on the authors’ work for the OECD, Victorian Environmental Protection Authority and the Western Australian Department of Environment Protection, *Leaders and Laggards* addresses these problems by identifying innovative regulatory best practice internationally in a number of specific contexts, evaluating empirically the effectiveness of regulatory reform and providing policy prescriptions that would better enable agencies to fulfil their regulatory missions. Focusing primarily on the differing requirements for both corporations and small and medium-sized enterprises in North America and Europe, the book aims to complement existing initiatives and to expand knowledge of regulatory reform by showing: how existing experience can best be put to practical use ‘on the ground’; by drawing lessons from experiments in innovative regulation internationally; by reporting and extrapolating on original case studies; and by advancing understanding on which instruments and strategies are likely to be of most value and why. The authors argue that the development of theory has outstripped its application. In essence, *Leaders and Laggards* aims to ground a myriad of theory on the reinvention of environmental regulation into practice. The book will be essential reading for environmental policy-makers, regulatory and other government officials responsible for policy design and implementation, academics and postgraduate students in environmental management, environmental law and environmental policy, and a more general readership within environmental policy and management studies. It will also be of interest to those in industry, such as environmental managers and corporate strategists, who are considering the use of more innovative environmental and regulatory strategies, and to environmental NGOs. Back to the Top Through the use of detailed case studies, this book provides a rich cross-national assessment of the roles of regulatory structures, enterprise size and management style in determining environmental performance. It will be of great value to policy-makers, corporate strategists, NGO leaders and academics interested in environmental governance. Professor Peter S. Menell, University of California at Berkeley School of Law The increasingly complex environmental agenda has forced businesses and regulators to seek new approaches to the normative frameworks that guide environmental responses. There is now an urgent need to review regulatory approaches to see how well they address the newer management issues. Conversely, we need to be confident that newer approaches really do deliver the increased performance we expect. This book allows us apply some of the concepts of voluntary approaches in the light of actual experience. Fritz Balkau, Head, Production and Consumption, UNEP DTIE This is a book with a mission — to enhance regulatory design and improve the environment. Two leading authors lead us through an authoritative survey of the literature and proposals for environmental improvements into 21st century. This should be recommended reading for policy-makers, businesses and civil organisations. Bridget Hutter, Director of the Centre for Analysis of Risk and Regulation at the London School of Economics and Political Science As environmental problems, economic relationships and public expectations change, so public policy must change. Many nations now are in a process of transition from environmental strategies based mostly on bureaucratic control to those that emphasise collective learning on society’s behalf. This excellent and rigorous book advances our understanding of why and how this transition should occur. Dan Fiorino, George Mason University Back to the Top Reviews An excellent overview of leading-edge environmental regulation approaches world-wide. Business Ethics, Fall 2003 . . . one of the most important books on environmental policy design and implementation that has been published in recent years. Leaders and Laggards should be required reading for all policy makers. *The Journal of Corporate Citizenship* This book is aimed at both corporations and small and medium sized businesses in North America and Europe. It shows how existing experience can best be put to practical use by applying the theory of environmental regulation. Detailed case studies provide cross-national assessments of regulation, enterprise size and management styles and how these relate to environmental performance . . . This book will benefit those who are interested in achieving better environmental regulation and policy . . . *Warmer Bulletin* As a well-organized summary of what is going on in today’s policy and regulatory circles, it is very complete . . . The authors set out to describe the world of regulatory reform today. In this endeavour, they have succeeded and richly documented their world survey. *Natural Resources Forum* In this important work . . . Gunningham and Sinclair look beyond traditional regulatory models . . . Leaders and Laggards succeeds in its attempt to shed some light on the path that lies ahead and it certainly deserves to find a place on the bookshelves of anyone interested in environmental regulation. *SEPA View* Contents Preface Chapter 1 Introduction DOWNLOAD OR VIEW THIS CHAPTER ONLINE Chapter 2 Regulating small and medium-sized enterprises Chapter 3 Partnerships, EMSs and the search for regulatory surrogates in the smash repair industry Chapter 4 Refrigeration and air-conditioning: co-regulation and industry self-management Chapter 5 Cleaner production and the Victorian vegetable growers Chapter 6 Regulating large enterprises Chapter 7 Voluntary approaches to environmental protection: lessons from the mining sector Chapter 8 Community empowerment and regulatory flexibility: EIPs and accredited licensing Chapter 9 Conclusion: reconfiguring environmental regulation