Environmental Reporting as a Communications Tool: A Question of Enforcement?

This article examines the effect of mandatory corporate environmentalreporting in the context of corporate accountability. It asksthe question whether such reporting can be an effective communicationstool, both internally and externally and whether this will leadto a greater awareness of environmental issues throughout anorganisation, resulting in improved corporate decisions, practicesand outcomes. In order to answer this question, the author drawson longitudinal research examining the performance of the top100 Australian companies. The article then looks at the roleof the regulator, arguing that mandatory environmental reportingshould be coupled with guidance and enforcement by a regulatingauthority. The lack of this enforcement in Australia has resultedin the quality of the reporting being less than optimal. Throughoutthe article, the author has compared the Australian experiencewith that of Norway, which has similar mandatory corporate environmentalreporting laws.     

Justice for All? Factors Affecting Perceptions of Environmental and Ecological Injustice

Moving beyond the typical focus on individual injustices, we examine individual-level and contextual factors affecting perceptions of justice with regard to the environment. Specifically, we examine decision-making procedures pertaining to environmental resource use and harms across groups of people; the distribution of environmental harms; and the direct treatment of the natural environment (i.e., procedural environmental justice, distributive environmental injustice, and ecological injustice, respectively). To test our hypotheses, we use data from a survey administered to a cohort of first-year college students at a southeastern university. Results demonstrate that environmental identity and perceptions of the extent to which the university context encourages sustainability consistently enhance perceptions of all three types of justice. Other factors differentially affect each type of justice. We discuss the importance of the patterns that emerge for environmental and sustainability education and speculate on the implications of moving from thinking about (in)justice related to the environment as an individual issue to one of the collectivity.     

Innovations in Constructing the Framework of China's Environmental Code —Referencing the Framework of China's Civil Code

The success in compiling China's Civil Code benefits from factors such as China's complete system of civil law statutes, the methodology of the Pandekten System, and the private-law attributes of civil laws, etc. To construct the framework of China's environmental code, it is necessary to reference that success for theoretical and structural innovations. In addition, the fundamental features and inherent issues of China's existing environmental law system, such as its breadth, the extensiveness of origins of environmental law, the multiple implication of environmental legal relations, and the compound nature of the environmental legal liability system, should be taken into account. The layout structure of General—Specifics should be adopted for compiling China's environmental code, while moderate codification and extraction of the common factor (vor die Klammer zu ziehen) for connection with applicable rules of specific laws should serve as construction principles and methods for compiling the framework of China's environmental code. The environmental code should have five parts: General ; Pollution Prevention and Control ; Nature Conservation ; Green and Low-Carbon Development ; and Ecological and Environmental Responsibility.     

Privatizing Environmental Resources: The Need for Supervision of Clean Development Mechanism Contracts?

This article argues that a current trend in global sustainable development governance is actively to engage the private sector in participating in the process of implementing global and national policy goals. This trend is based on the notion that the private sector has the ideas, technologies and resources at its disposal that can be channelled to addressing global environmental challenges. This new trend does not, however, take into account the past and present implications of private sector investment in fields such as mining and forestry. Nor does it closely examine how private sector rules will subsequently infiltrate and govern environmental management. On the basis of an examination of current policy developments and contracts in the area of environmental management and their implications for developing countries, this article argues in favour of establishing an authority that oversees the legitimacy and legality of these new contracts, especially in, but not limited to, the area of climate change.     

Dirt Is a Pollutant! Water Is,Too … How to Create Clarity in Environmental Insurance Coverage and Lower the Cost of Environmental Risks

General confusion about what is or could be an excluded-pollutant in property and liability insurance policies has created a situation where insurance agents and brokers cannot accurately advise their customers on how to insure environmental risks. Pollution exclusions are intended to exclude pollution-related claims. Over one hundred different environmental insurances have been designed to fill the coverage gaps created by pollution exclusions. By ignoring the fundamental purpose of pollution exclusions and the broad range of environmental insurance policies that are available, many environmental damage claims are needlessly uninsured today.     

Toner Particles as Forensic Evidence: Microanalytical Characterization of Known Toner and Recognition of Toner in Environmental Samples*†‡

Modern printing toners represent a prime example of subvisible particles that can be easily transferred to hands, clothing, and other surfaces. To explore the potential evidentiary value of toner particles, toner samples were collected from known printer cartridges and characterized by various microanalytical techniques to establish the properties most useful for recognition, identification, and comparison. Environmental samples (i.e., dust) were then collected from various locations at varying distances from toner-based printers, using both tape lifts and carbon adhesive stubs, to assess the possibility of detecting toner. By light microscopy, toner can be recognized on the basis of particle size and shape, as well as color. Further examination of the micromorphology in the field emission scanning electron microscope reveals characteristic morphologies and differences in surface texture and shape among toner sources. Raman spectroscopy provides chemical identification of the pigment (or pigment class) and, in some cases, also permits identification of the polymer component. While black and blue pigment chemistry remained constant among toner varieties that were studied (copper phthalocyanine and carbon black), variation in yellow and magenta pigments was observed. Analysis of dust samples collected from various environments demonstrated that while toner is consistently detectable in close proximity to printers (within 2 feet), it also can be detected in dust collected in nearby rooms. This research demonstrates that toner particles can be located, characterized, and discriminated, using a suite of microanalytical methods that are applicable to forensic casework.     

Introduction to “Environmental Justice”

Justice issues have been prominent in the environmental debate since its beginning in the second half of the twentieth century. This is not surprising, because environmental crises highlight our conceptions of justice, challenging us to consider their adequacy as well as their implications. Does current justice theory accurately describe the issues raised by environmental threats, especially about the justice for future generations? What are the implications of perceptions of justice or injustice for responses to environmental problems, up to and including social protest? For the most part, environmental social sciences have not been at the forefront of these debates, despite some very important contributions. The goal of the present issue is, therefore, to bring together researchers in the field of environmental psychology and justice research and to provide a forum for current research in the field of environmental justice. This introduction gives a short overview of past, present, and emerging findings and questions.     

Concept of “Semi-Protected Natural Areas” in Environmental Law of Russia and in the Post-Soviet Space: Discussion Questions

The article proves that environmental law of Russia and the countries of the Commonwealth of Independent States (CIS) includes a rather wide legal category, which the authors suggest calling “semi-protected natural areas”. It contains land plots, which occupy an intermediate position between common lands and specially protected natural areas (wetlands, water-protective zones, soils included in the Red Data Book of Soils, wilderness areas), as well as between common lands and ecological disaster zones (sanitary protection zones). Further doctrinal research and normative consolidation of this category will allow improving the legal regime of these areas, including existing restrictions and bans in the field of economic and other activity, filling existing legal gaps, forming a more adequate system for counteracting modern environmental threats, including expanding the arsenal of legal means in the field of protection of the environment.     

A Review of “Taking Back Eden: Eight Environmental Cases That Changed the World”

Abstract

The biological aspects of illegal harvests of threatened wildlife are outlined. It is shown that local agriculturalists are beneficiaries of illegal harvesting and that competition from agriculture exacerbates the extinction risk. Illegal harvesting of wildlife is driven by the profitability of the exercise, but law enforcement activity can deter poaching by reducing the associated expected profits. Law enforcement may be unable to limit illegal harvesting to levels threatened populations can sustain as a result of perverse consequences or strategic responses by poachers to law enforcement activity. Poaching activity is sensitive to the beliefs of participants about future prices and the availability of wildlife. Erroneous beliefs result in price collapses being observed. Integrating legal markets with increased local control of wildlife and punitive law enforcement strategies may be the most effective and efficient means to constrain illegal harvests.     

Environmental Moisture,Molds, and Asthma—Emerging Fungal Risks in the Context of Climate Change

The trend toward increasing frequency and intensity of storms has exacerbated mold and other moisture-related health problems, and can be extrapolated to the future. Mold growth therefore exhibits increasing significance in the context of changing climate. The decades-old hypothesis of mold causation and/or exacerbation of asthma previously has been deemed unproven, though not rejected. The present investigation assesses the status of this hypothesis within the industrial, regulatory, scientific, medical, and legal communities. To assure accuracy, statements from these communities are quoted. Recent high-level reviews, such as by the National Academy of Sciences Institute of Medicine and the United Nations World Health Organization, have failed to consider literature that was available, and studies postdating NAS IOM and UN WHO reviews have confirmed and augmented available literature. As a result, all nine of the Hill criteria of causation in epidemiology now are satisfied. I conclude that, with exposure of sufficient intensity and duration, some molds can cause asthma and/or exacerbate preexisting asthma, and that the hypothesis indeed has been accorded broad acceptance in the communities considered.     

Forget-E-Not: Environmental Liabilities Poised to Rise?

Forget-E-Not: Environmental Liabilities Poised to Rise?

All authors

William M Wilt, Vinay Saqi, Brian Church & Vinay Misquith

https://doi.org/10.1080/10406020490506481

Published online:

10 August 2010

Table     

The Evolving “Nature” of Environmental Risk: A Responsible Approach for Residential and Commercial Real Estate

Environmental losses suffered by commercial and residential real estate owners are becoming more frequent and severe due to evolving regulatory regimes and the changing global climate. This article reviews the nature of environmental risk, specifically within the context of a changing climate, and proposes the large-scale installation of green infrastructure as both a business opportunity for insurers and a responsible approach.     

Environmental effectiveness and economic consequences of fragmented versus universal regimes: what can we learn from model studies?

A post-2012 regime aimed at reducing greenhouse gas (GHG) emissions could develop towards a universal or fragmented regime. The fundamental difference between a universal and a fragmented regime is that the first involves a single comprehensive climate regime in which all countries participate, whereas the second involves either multiple treaties or a single treaty in which not all countries participate. This study assesses the literature on a wide range of different model studies concerning the environmental effectiveness and economic consequences of various universal and fragmented climate regimes. The most important conclusions (e.g. relative position of regions in terms of costs) are generally consistent across different studies, despite the differences in methodology. We conclude that stabilising GHG concentrations at low levels is more costly with a fragmented regime than with a universal regime, because reduction targets must be achieved by a smaller number of countries or because fragmented treaties may prevent reducing GHGs where it is cheapest to do so. However, establishing a universal regime will be challenging due to cost differences between regions if emissions are allocated based on specific allocation rules and incentives to free-ride on a universal regime. Even though alternative behaviours such as responsibility, the implementation of transfer schemes or exclusive membership can increase the likelihood of achieving a universal regime, a fragmented regime seems more feasible. Therefore, a transitional fragmented ‘coalition of the willing’ could be established first, which could provide the basis for a larger, universal regime in the long term.

Environmental crime prosecutions in Ireland, 2004–2014

Despite increased interest in environmental crime and green criminology, few studies address the use of criminal penalties in response to environmental crimes. A handful of published examples employ data from the United States or the Flanders court system, and little is known about how other nations punish environmental violations. Addressing this issue, the current study examined the use of criminal environmental penalties in Ireland from 2004 to 2014. Few criminal environmental cases (N = 147) and few environmental offenders (N = 154) were represented in these data over time. Consistent with the expectations of green/environmental crime researchers, mean penalties for environmental violations, which in Ireland only include fines and investigative cost recovery penalties, were rather small. Unlike in the US or Flanders, the majority of offenders were corporate offenders as opposed to individuals. Contextual factors related to Ireland’s economy, history and use of criminal sanctions should be used to interpret these factors, and prevent generalising from these data.     

Environmental “Citizen Suits” in the Czech Republic

For several decades citizens of the Czech Republic have endured a severely degraded environment, stemming partially from reportedly lax enforcement of environmental protection laws. During this period, Czech citizens have lacked the right to litigate citizen suits as a means of increasing environmental enforcement and have never initiated civil litigation against a polluter. However, since 1958, Czech citizens have exercised the right to use citizen correspondence as a means of pursuing their legal interests by alerting government agencies to environmental problems. By Czech law, citizen correspondence obligates government agencies to respond to the cited environmental problems. This paper analyzes how environmental authorities responded to citizen correspondence related to water problems (e.g., drinking water contamination) during the years 1988 to 1992. Since responses may include enforcement actions—monetary fines, remediation requirements (i.e., mandatory cleanup), and correction requirements (e.g., replacement of a leaky storage tank), this type of legal action on the part of citizens approximates a citizen suit. By examining enforcement actions taken in response to these citizen suits, this paper is able to test hypotheses regarding the relationships among the three different types of enforcement actions and empirically identify the liability rule guiding each type of enforcement action.     

A Different Reason for “De-Coasing” Environmental Law and Economics

The so-called Coase Theorem is one of the cornerstones of the Law and Economics approach. This paper investigates whether it is appropriate to apply the Coasean framework in the context of Environmental Law and Economics. Even when transaction costs are zero, it is argued that in the specific case of environmental policy the initial assignment of rights will seriously affect the final allocation of resources. To support this thesis empirical evidence backed up by theoretical explanations are presented. The methodological distinction between negligible, domain and heuristic assumptions and the elaboration of a ‘logical time’ of the Coase Theorem are crucial to understand why eventually the Coase Theorem should not be applied to the realm of environmental law and policy.JEL Classification: D23, K0, K32, Q2     

The GATT‐WTO system: Environmental friend or Foe?

Abstract

The GATT‐WTO system has been attacked for being at best indifferent to the environment and at worst hostile to it. However, rather than being an environmental foe, the GATT‐WTO system is environmentally‐friendly in many respects. Several World Trade Organization agreements — the Agreement on Agriculture, the Agreement on Technical Barriers to Trade, the Agreement on Subsidies and Countervailing Measures and the Agreement on Sanitary and Phytosanitary Measures — not only permit but encourage WTO member‐countries to implement national programs and laws to protect the environment free from WTO interference. Multilateral initiatives through organizations such as the WTO, as opposed to unilateral bullying, are the surest way of securing robust legal protections for the environment.