Enforcement Lessons from the Vienna Übahn

/ This paper combines a review of recent publications on the effectiveness of environmental enforcement in the United States with new data to address the question of what type of enforcement activity is most productive. Using data on 39 state National Pollutant Discharge Elimination System (NPDES) programs, the measures of effort and cost typically applied to environmental enforcement and inspection activities were tested for relationships with compliance outcomes. No statistically significant relationships were found. In the absence of any improving trend in traditional measures of compliance, this lack suggests all enforcement systems presently used by states are failing. To work, an environmental enforcement system needs to include maintenance and restoration of compliance, real deterrence, mobilization of public opinion, minimal obtrusiveness, conformity with legal search requirements, cost-effectiveness for all parties, effective primary role for skilled inspectors, self-monitoring, compatibility with environmental management systems (e.g., ISO 14000), environmental auditing, robustness in the face of changing strategies by permittees, segregation of technical assistance from enforcement, team orientation, adaptability to multimedia, and, most difficult of all, disconnection from today's timely, appropriate, proportionate standard. These goals can be achieved through a proposed new environmental enforcement approach built on infrequent, random, but thorough inspections leading to fully documented enforcement actions resulting in high penalties. The enforcement system used by the Vienna übahn, or subway, can serve as a model for this type of environmental enforcement system. KEY WORDS: Enforcement; Deterrence; Environmental water quality; Discharge elimination systems     

农村生态环境污染治理的法律思考

农村生态环境保护是乡村振兴战略的重要一步,但当前农村生态环境污染现状严重,亟待解决.运用案例分析和文献研究法对农村生产、生活现状进行分析.发现我国农村生态环境法制方面存在基本法律缺乏、执法不规范、农民环保意识淡薄的问题.而完善农村环境保护立法、强化农村环境保护执法、提高农民环境保护意识这三条路径能够有效解决农村环境法制...     

论环境行政强制执行程序

正确运用和进一步完善环境行政强制执行程序是加强环境法制建设、推进环保工作法制化、实现“十五”环保工作目标的一个重要方面。本文结合最高人民法院《若干解释》论述了环境行政机关申请人民法院强制执行的具体程序、注意的问题以及完善环境行政强制执行程序的几点建议。     

Managing environmental impacts of energy development: Air quality in the Hunter Region,New South Wales,Australia

The Hunter Region in New South Wales, Australia, is undergoing rapid economic development based on its black coal resources. Cumulative impacts of new projects cannot be easily assessed with the traditional environmental impact statement. This article examines air quality impacts, and presents a systems analysis model to assist environmental management. The model consists of an input-output model of the regional economy and an air dispersion model. Results are obtained for sulfur oxides and fluorides.     

Environmental protection in Hong Kong amidst transition: Is Hong Kong ready to manage its environment by law?

Within the context of political democratization, this article explores environmental protection in Hong Kong since the government lauched a ten-year program to “save the environment” in 1989. Examining environmental management by law from a social-choice perspective, it argues that the government has yet to reach an integrative policy orocess. Hence the preconditions for an integrative set of environmental legislation are absent. Institutionally, without a comprehensive green policy, the current arrangements lack a vision as an integrative force to promote effective coordination among various sectoral environmental coordination among various sectoral environmental programs. The dominant approach of policy and law enforcement through consultation has rendered impossible strict enforcement of environmental rules and regulations as local economic growth enjoys a priority over environmental protection. At a time of environmental awakening, the people of Hong Kong are not yet prepared awakening, the people of Hong Kong are not yet prepared to participate in environmental management in a strict legal manner. The overall observation is that Hong Kong has yet to see more mature political, legal, administrative, and social conditions for managing its environment within a legal framework.     

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.     

AGRICULTURAL NITRATE CONTAMINATION OF GROUND WATER: AN EVALUATION OF ENVIRONMENTAL POLICY1

ABSTRACT: The contribution of agriculture to nitrate pollution of 8Urface and ground water is a growing concern throughout the world. The objective of this article is to evaluate the current environmental policy governing nitrate contamination of ground water in the South Platte alluvial aquifer. In particular, the “best management practice” approach is assessed in its relationship to optimal policy design. First, the current physical environmental problem and existing institutional arrangements are described. Second, legal and economic criteria are brought to bear on the question of appropriate policy design. Finally, the strengths and weaknesses of the existing policy are evaluated in this context and changes in policy that would increase effectiveness are recommended. Considerable justification is found for state-initiated control because victims of ground water pollution are dispersed and risk assessment is technically demanding. However, ex post elements of existing policy must be improved, perhaps through targeting and some devolution in monitoring and enforcement responsibilities.     

河北省构建低碳消费模式的法律途径研究

构建低碳消费模式,法律规制十分必要。河北省低碳消费法律规制步伐虽然已启动,但依然面临着缺乏统一法律体系,对企业相应行为规制和保障不力,对消费者低碳消费关注不够以及执法和司法体制不健全等诸多问题。在此背景下,为在河北省构建低碳消费模式,笔者借鉴国外先进做法,提出了在立法层面上构建统一的低碳消费法律体系,将消费者的环境权利和环境义务纳入法律框架;执法层面上完善执法机构,加强执法力度,健全执法机制,加大宣传力度;司法层面上提高认识,完善机构,健全司法程序;社会层面上在政府引导下,要求企业、非政府组织及消费者个人广泛参与的法律对策。     

Self-organization theories and environmental management: The case of South Moresby,Canada

This article presents a new approach to the analysis and management of large-scale societal problems with complex ecological, economic, and social dimensions. The approach is based on the theory of self-organizing systems—complex, open, far-from-equilibrium systems with nonlinear dynamics. A brief overview and comparison of different self-organization theories (synergetics, self-organization theory, hypercycles, and autopoiesis) is presented in order to isolate the key characteristics of such systems.The approach is used to develop an analysis of the landuse controversy in the South Moresby area of the Queen Charlotte Islands, British Columbia, Canada. Critical variables are identified for each subsystem and classified by spatial and temporal scale, and discussed in terms of information content and internal/external origin. Eradication of sea otters, introduction of black-tailed deer, impacts of large-scale clearcut logging, sustainability of the coastal forest industry, and changing relations between native peoples and governments are discussed in detail to illustrate the system dynamics of the South Moresby sociobiophysical system. Finally, implications of the self-organizing sociobiophysical system view for regional analysis and management are identified.     

我国环境管理模式的转变

本文通过对我国的环境管理发展历程分析后认为,我国的环境管理模式已由过去单一的管理模式转变为强化执法监督、加大投入、注重技术相互结合的综合型管理模式,在继续强化执法监督的同时,不断提高环保投入的比例和不断增加科技含量,是环境管理发展的趋势。     

Environmental impact assessment: An international evaluation

Experiences with environmental impact assessment (EIA) in a number of countries are discussed in the light of both explicit and implicit goals and objectives. Adequate environmental information is not always available to decision makers because of failure to apply EIA to all relevant decisions, the continuing inadequacies of prediction and evaluation techniques, the failure to consider alternatives adequately, and the bias of some EISs. EIA frequently results in changes to proposals and may result in stricter environmental management conditions in some cases, but some people regard it as a failure because it has not stopped development. Generally, EIA leads to better integration of environmental factors into project planning. Open procedures and freedom of information encourage responsiveness to EIA procedures, which can be weakened by discretionary powers and lack of access to the courts by public interest groups. However, legal standing may have side effects that offset its advantages. EIA can encourage cooperation and coordination between agencies but does not ensure them. Similarly, it can have a limited role in coordinating interstate and international policies. In the long term, the success of EIA depends on adequate monitoring, reassessment, and enforcement over the life of the project. EIA has generally opened up new opportunities for public participation, and may help to reduce conflict. EIA procedures need to be integrated with other environmental protection and development control programs, and various means exist for reducing its cost to developers and the public.     

改革开放40年来生态环境监管执法的回顾与展望

改革开放40年来,我国生态环境监管执法体系经历了从无到有,从以排污收费为核心内容,到以改善生态环境质量为根本目的,再到更加注重保护执法相对人合法权利的变迁和跨越。总体而言,环境监管执法队伍在全国各级政府不断建立,环境监管相关之事权与权责更加明晰,环境监管执法能力不断强化,环境行政管理体制不断理顺,环境法律制度体系更加优化,环境治理之主体和手段更加多元。     

Self-organizing systems and environmental management

The characteristics of self-organizing systems are described and their implications for environmental management are discussed. It is concluded that the aim of management should be to enhance the capacity of the system for self-management, with active intervention being used only to steer it away from large discontinuities. Environmental managers must view ecosystems and themselves as parts of a larger sociobiophysical system, cultivate the capacity of environmental systems for self-management, and learn to live with change and uncertainty. Practical consequences of this approach for plans, policies, programs, and institutions are discussed.     

从"环评风暴"看《环境影响评价法》的实施

从国家环保局处罚的四起违法案件的分析看，在《环境影响评价法》实施过程中，各相关部门对其理解得不够深刻，执行中存在侥幸心理，从而造成有法不依、执法不严的后果。为此提出管理部门施重拳维护法律权威等系列对策和建议。     

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。     

Environmental accounting for waste management: A study of local governments in Australia

Local governments in Australia, especially in large urban areas, have faced a challenge of the growing quantity of waste generated and the diminishing space for waste disposal in recent years. The central government has demonstrated the importance of developing strategies to make full environmental costs and impacts of waste disposal and material recovery accountable for waste management decision-making. However, research into this field is limited. This paper investigates environmental accounting practices in local government waste management. From a survey conducted with local government authorities in New South Wales (NSW) Australia, it is found that overall the level of direct waste flow and activity accounting is higher than the level of hidden and external environmental cost accounting, though local governments tend to identify and use more physical information associated with waste flows and activities than relevant monetary information. External environmental impacts of waste disposal are often overlooked and show the lowest level of practices. The survey results also indicate that urban local governments have taken more environmental information into account than rural local governments, but such difference is not significant between local governments of different sizes. The complexity of waste technical services and operations is confirmed to have a positive and significant effect on the level of environmental accounting for waste management across local governments surveyed.     

Public Participation Mechanisms in Environmental Disasters

This paper examines the role of public participation mechanisms in certain major environmental disasters. It examines situations in which people’s lifestyles or their lives have been directly threatened, and thus elicited citizen participation. Threatening issues often seem morally, physically, socially, economically, religiously, and otherwise unacceptable to a group. As will be presented in this paper, citizens voluntarily participate in a community activity when they see that their way of life has been threatened. An introductory historical perspective, the legal framework upon which it is based, and background information on the participatory mechanisms, all emphasizing the importance and need for empowering citizens with participatory skills so as to bring changes in the existing educational, legal, and social systems are presented. The major environmental accidents/disasters of Minamata, Japan; Bhopal, India; Seveso, Italy; Chernobyl, Ukraine; and Exxon-Valdez, Alaska are discussed, mainly to indicate the reaction, and the participatory mechanisms used by the affected communities in each of the sudden disasters that occurred. If citizens worldwide had been active participants in the environmental issues, it is quite possible that we would have experienced fewer environmental accidents.     

试论环境友好型社会的建设

文章围绕环境友好型社会建设这一核心问题,从建设环境友好型社会是历史的必然切入。分析了建设环境友好型社会应突出解决的关键问题,阐明了建设环境友好型社会需要法律作保障这一基本观点。     

Climate change and indigenous natural resource management: a review of socio-ecological interactions in the Alinytjara Wilurara NRM region

This article examines key socio-ecological interactions identified during a climate change vulnerability assessment in the Alinytjara Wilurara natural resources management (NRM) region of South Australia. The complex local socio-ecological interactions are highlighted to guide a response to the challenge of adapting to climate change within the region. Recognising several key desert drivers which perpetuate degraded socio-ecological systems, this article recommends that a range of strategies be employed simultaneously to enhance local environmental management in association with remote indigenous communities, including: linking people and NRM more closely; tracking funding but ensuring systems can withstand periods of limited financial support; developing cross-sectoral and cross-institutional links; empowering and engaging communities; communicating effectively; and actively supporting local and traditional environmental knowledge. Unless climate change adaptation responses within the region are conceptualised and enacted within the context of complex local socio-ecological systems, NRM will not improve and social vulnerability will increase.     

新疆生态环境保护法律问题研究

通过对新疆地区生态环境及其法制建设现状进行分析,发现新疆地区的法制现状不容乐观,环境立法与执法不能完全适应经济社会可持续发展的要求。鉴于此,结合区情对所存在的问题提出生态环境保护的法制构想,以期推动区域经济、社会和环境的协调发展。