Next Generation Compliance: Environmental Regulation for the Modern Era
- 7h 17m
- Cynthia Giles
- Oxford University Press (UK)
- 2022
Nearly everyone accepts as gospel two assumptions: compliance with environmental rules is high, and enforcement is responsible for making compliance happen. Both are wrong. In fact, serious violations of environmental regulations are widespread, and by far the most important driver of compliance results is not enforcement but the structure of the rule itself.
In Next Generation Compliance, Cynthia Giles shows that well-designed regulations deploying creative strategies to make compliance the default can achieve excellent implementation outcomes. Poorly designed rules that create many opportunities to evade, obfuscate, or ignore will have dismal performance that no amount of enforcement will ever fix.
Rampant violations have real consequences: unhealthy air, polluted water, contaminated drinking water, exposure to dangerous chemicals, and unrestrained climate-forcing pollution. They also land hardest on already overburdened communities
- that's why Next Gen and environmental justice are tightly linked.
The good news is there are tools to build much better compliance into regulations, including many tested strategies that can be the building blocks of programs that withstand the inevitable pressures of real life. Next Generation Compliance shows how regulators can avoid the compliance calamities that plague far too many environmental rules today, a lesson that is particularly urgent for regulations tackling climate change. It has an optimistic message: there are ways to ensure reliable results, if regulators jettison incorrect assumptions and design rules that are resilient to the mess and complexity of the real world.
About the Author
Cynthia Giles served as the Assistant Administrator of the U.S. Environmental Protection Agency's Office of Enforcement and Compliance Assurance throughout the Obama Presidency. Previously, she was an Assistant U.S. Attorney, the head of Massachusetts' water protection program, a senior regional official at the EPA, and a Vice President of a New England NGO. More recently, she was the Director of Strategic Initiatives for the University of Chicago Energy & Environment Lab, and a Guest Fellow at Harvard's Environmental and Energy Law Program. She has a BA (Cornell University), JD (University of California at Berkeley), and MPA (Harvard Kennedy School of Government).
In this Book
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Introduction—What is Next Gen and Why Does it Matter?
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Rules with Compliance Built in
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Noncompliance with Environmental Rules is Worse than You Think
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Rules about Rules
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Getting in Our Own Way—How EPA Guidance Reinforces Faulty Compliance Assumptions
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Next Gen Strategies—A Playbook
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The Ideologues—Performance Standards and Market Strategies
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Ensuring Zero-Carbon Electricity
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Don't Double down on Past Mistakes with low-Carbon Fuels
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Innovative Strategies are the Only Way to Cut Methane from Oil and Gas
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Updating Federalism
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Environmental Enforcement in the Next Gen Era
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Conclusion—What's the Bottom Line?
