Effective Regulations with Little Effect? The Antecedents of the Perceptions of Environmental Officials on Enforcement Effectiveness in China

Enforcement gaps are an especially vexing problem in China due to pervasive "pro-growth" local government priorities, the weak administrative capacity of environmental agencies themselves, and relatively weak levels of societal support for a cleaner environment. This study seeks to examine this problem from the perspective of the local enforcement officials by empirically examining the relationships between these and other influences on their perceptions of enforcement effectiveness. Using samples of enforcement officials from the fast-growing cities of Chengdu, Dalian, and Guangzhou, this study finds that many of the more commonly cited problems related to regulatory enforcement were not as influential in accounting for variations in perceptions of enforcement effectiveness than the current literature might suggest. Moreover, this study also finds that the pattern of influences varies greatly across jurisdictions, with only the officials' belief in the legitimacy of the governments' policies being significant in all three samples. Strong influences on perceptions of enforcement effectiveness in two of the three samples include the environmental values of enforcement officials, their perceptions of organizational capacity for enforcement, and their assessment of government support for environmental protection. Although government support was found to be a strong predictor of enforcement effectiveness in two of the three samples, the influence of societal support had a somewhat mixed and more complicated effect. In addition, this study suggests that further improvements in enforcement effectiveness may be possible by cultivating or selecting enforcement officials with strong environmental values and beliefs in the legitimacy of the government's environmental policy to take charge of enforcement. Because it is generally accepted that local environmental protection bureaus are generally upgrading their organizational capacity for improvement as the result of increasing central government support for environmental protection and institutional restructuring, and because environmental awareness in China is growing, this study suggests that some incremental progress is likely in China's efforts to close the enforcement gap. Unfortunately, such improvements are likely to be masked by the steep trajectory of economic growth, the narrow scope of regulatory control (i.e., with scant attention paid to nonindustrial sources), and the migration of industrial pollution to rural areas.     

Governance reform,external support,and environmental regulation enforcement in rural China: The case of Guangdong province

This paper examines how configurations of external support factors have evolved alongside governance reform in recent years and how these evolving configurations have affected regulatory enforcement in four counties in Guangdong Province in China. Based on in-depth interviews with leading officials in the local environmental protection bureaus (EPBs), we show that there have been increases in government and societal support for local EPBs in their regulatory work, thanks partly to a number of recent governance reform efforts, but many problems have remained. Based on a questionnaire survey of enforcement officials, we examine how the perceptions of government and societal support are related to EPB officials’ self-perception of effectiveness. It is found that both local government support and societal support have an influence on enforcement officials’ self-assessment of effectiveness, but the relationships varied considerably depending on various dimensions of effectiveness and the patterns of interactions between government and societal support.     

Black and Smelly Waters: how citizen-generated transparency is addressing gaps in China’s environmental management

ABSTRACT

Information communication technologies (ICTs) generate new forums for transparency via governance-by-disclosure initiatives designed to improve environmental management and policy. Data generated by these programs are a means to empower citizens, narrowing the accountability gap between governments and people and enhancing public service. There is little empirical evidence, however, that supports the theory that citizen-generated data can be used to improve the accountability of local government officials. Citizen-led transparency efforts are emerging in China, as the country undergoes an information revolution that has brought ICTs to near ubiquity. We evaluate the transformative potential of a new ICT initiative, the ‘Black and Smelly Waters’ program, which China’s government launched to help enforce local government water remediation efforts. Many examples of citizen-generated transparency are grassroots initiatives, yet the Black and Smelly Waters program is distinct in its top-down structure. An empirical evaluation of preliminary data illuminates Black and Smelly Waters’s early successes and challenges as a means to generate transparency and accountability. We discuss these findings and propose a broad application of this new type of disclosure to reshape environmental management in China.     

国际环境法对我国环境保护的启示

介绍了国际环境法的内涵、基本原则和发展过程,报告了我国环境保护法律体系立法趋于逐渐完善但滞后性明显的现状,从立法和执法的角度分析了我国现阶段环境保护法存在执行不利的问题,建议以推进国际环境法的实施和完善为契机,制定明细的配套法规,强化执法力度;加强各行政机关间的交流与合作,统筹应对复杂的环保形势;发达地区扶持不发达地区发展环保事业,推进我国环保事业的进步。     

关于地方环保机构监测监察执法垂直管理制度改革重点任务的基本考虑

为顺利推进省以下环保机构监测监察执法垂直管理制度改革工作进程,本文围绕垂直管理制度改革的方向与主线,对涉及垂直管理改革的环保责任清单、环境监察、环境监测、环境执法、市(地)级派出县级环保分局和省级对市(地)级环保局的双重管理等六个方面的主要改革任务,从改革方案的基本考虑、基本方向和具体实施路径进行系统解读,为下一步试点省份实施垂直管理制度改革提供可操作性的政策指引。     

污染源环境监管体系建设现状及对策研究

我国环境治理体系正在不断趋于完善,而有效的污染源环境监管体系是国家环境治理体系的基础和核心。本文从污染源环境监管体制、政策制度、实施运行机制以及监管能力保障等方面,系统梳理了党的十八大以来污染源环境监管体系建设主要改革举措和总体进展,分析了深化改革仍然存在的主要问题、原因和挑战。立足于进一步加强相关政策措施系统性、集成性,切实提高污染源环境监管的权威性、有效性和透明性,本文初步提出了污染源环境监管与服务体系建设的思路框架,并针对当前污染源环境监管存在的问题,从运行机制模式、监管保障体系、守法引导服务等方面提出对策建议。     

Fair fracking? Ethics and environmental justice in United Kingdom shale gas policy and planning

The exploitation of shale gas resources is a significant issue of environmental justice. Uneven distributions of risks and social impacts to local site communities must be balanced against the economic benefits to gas users and developers; and unequal decision-making powers must be negotiated between local and central governments, communities and fracking site developers. These distributive and procedural elements are addressed in relation to UK policy, planning, regulatory and industry development. I adopt an explicitly normative framework of policy evaluation, addressing a research gap on the ethics of shale gas by operationalising Shrader-Frechette’s Principle of Prima Facie Political Equality. I conclude that UK fracking policy reveals inherent contradictions of environmental justice in relation to the Conservative Government’s localist and planning reform agendas. Early fracking policy protected communities from harm in the wake of seismic risk events, but these were quickly replaced with pro-industry economic stimulation and planning legislation that curtailed community empowerment in fracking decision-making, increased environmental risks to communities, transferred powers from local to central government and created the conditions of distributive injustices in the management of community benefit provisions. I argue that only by “re-localising” the scale of fracking governance can political equality be ensured and the distributive and procedural environmental injustices be ameliorated.     

论独立环境监察执法体制与机制的建构

通过实证考察可知,目前我国环境监察执法体制有自身的特点,同时也存在一些缺陷,制约了生态环境执法的有效性。独立环境监察执法体制是应对执法困境的良药,该体制具有特殊的内涵,其既具有理论基础也具有政策依据。在分析域外环境执法的经验基础上,针对我国环境执法体制存在的问题,独立环境监察执法体制与机制的建构应当遵循以下路径。首先,独立环境监察执法体制与机制的建构应当遵循合法、效能与环境执法特殊性相契合的原则。其次,建议通过保障组织机构的独立,扩充环保部门的权力,加强环境执法的财政保障以及确立环境执法的独立责任等措施构建起独立环境监察执法体制。再次,通过规范的程序机制、确立综合协调机制、强化责任追究机制、协调激励和制约机制、优化公众参与机制、探索建立环保警察制度等措施完善环境监察执法机制。最后,独立环境监察执法体制与机制需要法律保障。     

环境行政执法工作中存在的问题及对策分析

近年来，我国虽然不断加大环境执法的力度，但由于在立法、体制、机制与执法监管能力等方面存在的弊端，执法效果不显著，这在一定程度上影响了环保法制建设的进程，降低了环保部门行政执法的能力。本文针对现实障碍，提出了尽快修订和完善法律体系，完善环境管理体制，扩大执法的权限，提高环境执法及应急能力等相应对策。     

环境执法在环保垂改中的基本路径与主要任务

为积极稳妥推进全国省以下环保机构监测监察执法垂直管理制度改革试点工作,本文紧紧围绕《关于省以下环保机构监测监察执法垂直管理制度改革试点工作的指导意见》精神,以环境执法改革为主体主线,从环境执法的总体方向、基本路径、主要任务三个方面进行政策分析解读,给各地在环保垂直管理制度改革试点工作中有效推进环境执法改革,提供改革路径指引和参考。     

Perverse Incentive Structure and Policy Implementation Gap in China's Local Environmental Politics

The obvious paradox within China's environmental politics is the big gap between the central government's policy and its implementation outcomes at local levels. Despite concerns about implementation at the local level, much about the role of central governments in China's local environmental politics is still poorly understood. This article examines how the incentive structure set by the central authorities affects the policy implementation gap at the local level. Drawing on fieldwork and document analysis, this article argues that the incentives set by the central government regarding environmental policy implementation at local levels are perversely structured, meaning that the central government provides much more incentive for local governments' non-implementation or poor implementation of its environmental policies than it provides for full implementation. The central government's failure to encourage—politically, financially, as well as morally—local government officials to appropriately implement environmental policies can partly explain the production of the policy implementation gap at the local level. This implementation gap cannot be overcome by efforts at the local level unless the central government takes significant measures to address the perverse incentive structure embedded in the overall structure of China's local environmental politics.     

推进中国环境治理体系和治理能力现代化——PACE 2019学术年会会议综述

环球中国环境专家协会（PACE）于2019年6月27~29日在中国人民大学组织召开第四届中国环境治理学术年会，主题为推进国家环境治理体系和治理能力现代化，国内外环境公共治理领域顶级专家以及国家和地方相关政府官员出席了会议，并分理论方法、实践应用、行政执法、社会治理、经济政策以及全球环境治理等专题进行了深入研讨。会议认为，作为国家治理体系的重要组成部分，我国环境治理体系，在生态文明建设框架下，已取得长足进步，特别是以目标为导向的治理战略，已形成鲜明国际特色。中国环境治理模式正从传统的自上而下的政府行政管理转向政府主导、企业主体、社会参与和市场调节相结合并由自下而上机制相补充的多元共治现代公共治理模式，治理能力近年来显著加强，但在环境社会治理以及参与全球环境治理等方面仍存在显著薄弱环节，在政府执法机制以及经济政策使用等方面仍有许多需要改进的地方。     

环境政策对企业绩效的影响

一个国家的环境政策是国家保护环境的大致方针,直接关系到这个国家的环境立法和环境管理,更直接影响到这个国家的整体环境状况,不同类型的环境政策对企业也产生了各方面的影响。本文研究环境政策的不同形式、内容、具体执行手段及其对企业的环境、经济绩效产生的影响。通过研究西方发达国家的成功环境政策,探讨我国环境政策中存在的不足与缺陷。最后根据不同管理手段的可行性,有效性及最终效果,联系我国具体国情,在符合可持续发展原则的同时,提出更为有效,对企业绩效具有正面刺激的环境政策建议。     

Questioning the local: environmental regulation,shale gas extraction,and the politics of scale

ABSTRACT

The exploration and potential extraction of shale gas – better known as fracking – has emerged as one of the most contentious dimensions to local environmental politics in the UK. Local residents and environmental activists have raised concerns about health, noise, ground water contamination, seismicity, environmental amenity, and other impacts of the industry on communities. Despite the complexities of shale gas extraction, an emphasis on the local has shaped key dimensions of the debate around the appropriate location for well pads to the relative exclusion of other issues. This paper draws on fieldwork in Lancashire, UK, to reflect on the political construction of scale in order to explore how an emphasis on “the local” can restrict political debate over shale gas to narrow concerns with land-use planning thereby obviating a fuller engagement with wider questions concerning risk, energy policy, and climate change. It is concluded that a more nuanced conception of scale is necessary for understanding how concerns with shale gas are diminished rather than strengthened through the current planning policy and regulatory regime operating in the UK.     

Lead astray: scale,environmental justice and the El Paso smelter

Residents in Paso del Norte (El Paso, Texas; Sunland Park, New Mexico; and Juárez, Mexico) have been concerned about heavy metal contamination in their communities since the 1970s, when high blood lead levels were found in children living in Smeltertown – a company town for the local metals smelter. After the smelter's closure in 1999, and throughout onsite and offsite cleanup efforts, residents have continued to express concerns about these contamination issues. Using a politics of scale framework and analysing ethnographic data and government, media and scientific documents, this paper identifies a set of major disjunctures between the scales of heavy metal contamination and the scales at which that contamination is regulated. These disjunctures exacerbate regional environmental injustice by complicating public participation, neglecting vulnerability and displacing hazards to new communities. Consequently, applying a politics of scale framework to this case study highlights regulatory and policy failures to address environmental justice.     

Economic,ecological, and equity dimensions of brownfield redevelopment plans for environmental justice communities in the USA

ABSTRACT

This paper employs qualitative content analysis to assess 28 brownfield redevelopment plans produced as part of a US Environmental Protection Agency programme. The analysis framework followed the economic, ecological, and social equity dimensions of sustainable development. The findings illustrate that, in terms of economic dimensions, most plans discussed financing the overall project, but few mentioned site values or the pivotal cost of remediating brownfield sites or addressed questions related to liability, the transfer of ownership of sites, or the end use of remediated sites. In terms of ecological dimensions, while many plans suggested “green” uses of existing brownfields, few discussed the impacts of the plans on urban ecological issues or offered technical feasibility of remediating the sites. In terms of social equity dimensions, half of the plans described potential local jobs stemming from the proposed redevelopment, but many did not discuss the human impacts of remediating contaminated sites or the costs of doing nothing. Most plans mentioned community engagement methods but not their outcomes, making the degree to which the lessons gleaned from such engagement influenced the plans totally unclear. Despite the programme’s explicit focus on the nexus of environmental justice and local environments, many plans struggled to address the topic in favour of tackling broader economic, environmental, and equity issues. Overall, this paper contributes to the understanding of brownfield redevelopment planning by not only summarising and synthesising the tendencies of existing plans but also suggesting strategies to address areas in which current planning efforts fall short.     

How do Local Governments in Mexico City Manage Global Warming?

ABSTRACT

Cities are both significant emitters of carbon dioxide and centres of innovations that may contribute to de-carbonizing our societies. More voices claim therefore that local authorities should be included in efforts to mitigate climate change. However, few studies have analysed how local authorities manage carbon and climate in urban areas in middle- and low-income countries. Yet, the institutional settings and governance structures of such cities are different from those prevailing in cities of wealthy countries. This paper aims to fill this gap by exploring: (a) whether and—if so—how local authorities in Mexico City actually ‘manage’ carbon emissions; (b) how the city's evolving governance structures function and whether they ‘fit’ with the problem they address; and (c) how institutional capacity constrains authorities' management efforts. The paper suggests that policy networks and research groups have been critical in launching a climate agenda. Nevertheless, this has not been enough to push effective policies. Policymaking has been constrained by two sets of institutional factors: the problem of fit and a lack of institutional capacity.     

基层环境执法中环境行政强制问题的探讨

环境行政强制包括环境行政强制措施和环境行政强制执行.在基层环境执法实践中,环境行政强制措施尤其是环境行政强制执行存在许多困惑和问题,拓展环境行政强制措施,给予环保部门一定的行政强制执行权是提高基层环境执法效率和遏制环境污染的有效途径.     

Environmental policy stringency,renewable energy consumption and CO2 emissions: Panel cointegration analysis for BRIICTS countries

ABSTRACT

The aim of this paper is to investigate the relationship between environmental policy stringency and CO₂ emissions in BRIICTS (Brazil, Russia, India, Indonesia, China, Turkey and South Africa) for the period 1993–2014 after controlling for renewable energy, fossil energy, oil prices and income. We believe that this is the first attempt to use the recently OECD-developed environmental policy stringency index to test the effectiveness of environmental stringency policy in reducing CO₂ emission in these countries. Applying the Panel Pooled Mean Group Autoregressive Distributive Lag (PMG-ARDL) estimator, we found an inverted U–shaped relationship between environmental policy stringency and CO₂ emissions. This suggests that initially strict stringent environmental policy does not lead to improvements in the environment but after a certain level or a threshold point, environmental stringency policy leads to improvement in environmental quality. Renewable energy consumption was negatively related to CO₂ emissions while fossil energy consumption and real oil prices and income were positively and significantly related to CO₂. Our findings suggest that strengthening the stringency of environmental policies and promoting renewable energy are effective ways of preventing environmental degradation in BRIICTS countries.     

A “justice” reading of the trans-national struggle of the people displaced by the Merowe Dam

ABSTRACT

This paper applies a “justice” lens to the struggle of the people displaced by the Merowe Dam in northern Sudan. Application of distributive, procedural, and representational aspects of justice exposes the dissatisfaction of the affected people with the government’s offer and execution of compensation. Consideration of social justice and the utility of norms in trans-national activism brings into sharp focus the difference in interests, and abilities of the many actors involved, and highlights the government’s tactics to divide the communities, and the social divisions sown. As the struggle develops, justice claims are seen to change towards less material issues, suggesting that an expanded and dynamic conception of justice is more helpful than narrow or time-bound conceptions. The findings are of relevance to communities facing possible displacement from dams planned nearby, not least of all for the insight provided on the effectiveness of different tactics in the struggle.