{"title":"Extent of Cooperative Enforcement: Effect of the Regulator-Regulated Facility Relationship on Audit Frequency","authors":"Dietrich H. Earnhart, Robert L. Glicksman","doi":"10.1561/102.00000058","DOIUrl":"https://doi.org/10.1561/102.00000058","url":null,"abstract":"A spirited debate explores the comparative merits of two different approaches to the enforcement of environmental law: the noncooperative approach, which emphasizes the deterrence of noncompliance through inflexibly imposed sanctions, and the cooperative approach, which emphasizes the inducement of compliance through flexibility and assistance. Both scholarly and policymaking communities are interested in this topic of enforcement approach within the realms of finance, tax compliance, occupational safety, food and drug safety, consumer product safety, and environmental protection, among others. To inform this debate, our study explores enforcement of environmental protection laws where the debate has been especially spirited yet lacking in much empirical evidence.Specifically, our study empirically analyzes the effect of enforcement approach on the frequency of self-audits linked to compliance with wastewater discharge limits imposed on chemical manufacturing facilities. For this analysis, we view the enforcement approach as representing a relationship between a regulator and a regulated facility that is measured in multiple dimensions. The empirical results reveal that, in general, a cooperative relationship induces more frequent auditing and, in particular, a more stable and higher quality relationship increases audit frequency, while a completely fair relationship yields less frequent auditing. However, these conclusions may depend on the extent of regulatory monitoring and enforcement. Specifically, they rely on sufficiently lower monitoring and enforcement. Once the extent of monitoring and enforcement becomes sufficiently strong, the empirical results appear to support the opposite conclusions.","PeriodicalId":378017,"journal":{"name":"PSN: Environment (Topic)","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116566812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Dynamic Mechanism for Transparent and Equitable Distribution of Global Emissions Reductions","authors":"Michael Coulon, Michele Stua","doi":"10.2139/ssrn.2665100","DOIUrl":"https://doi.org/10.2139/ssrn.2665100","url":null,"abstract":"With global attention focused on the 21st session of the Conference of Parties (COP21) in December 2015, much action is still needed and many obstacles remain unsolved in the international climate change negotiations: in particular, while the target of limiting global warming to below 2◦C relative to pre-industrial levels is widely cited in draft texts and discussions, little progress has been made in deciding how to align national contributions with such global emissions reduction aims. Building on a broad existing literature on distributing reduction contributions, this article proposes and analyzes an innovative new approach, based on a dynamic formula to determine Party-level targets through time. Addressing key requirements such as equity, transparency, environmental integrity and responsiveness to changing conditions, the resulting mechanism strongly encourages the convergence of per capita emissions trajectories across Parties, while maintaining overall global targets. The strengths of the approach are investigated and analysed through a number of detailed emissions simulations, comparing across growth scenarios and variations of the suggested formula. Concluding discussions describe the potential benefits of the new policy tool in the context of either voluntary pledges or top-down approaches and emissions trading schemes.","PeriodicalId":378017,"journal":{"name":"PSN: Environment (Topic)","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115999441","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Warsaw Framework for REDD: Implications for National Implementation and Access to Results-Based Finance","authors":"C. Voigt, Felipe Ferreira","doi":"10.4337/9781783478316.00014","DOIUrl":"https://doi.org/10.4337/9781783478316.00014","url":null,"abstract":"The Warsaw Framework for REDD (WFR) has established a robust and comprehensive framework for the effective and sustained implementation of REDD activities while aiming at environmental integrity and tangible results. A critical element of the WFR are the modalities for measuring, reporting and verifying (MRV) greenhouse gas emissions and removals as an essential tool for linking REDD activities to results-based finance. This article describes the WFR and indicates six of its implications for the implementation of REDD in developing countries in the context of access to results-based finance. These include (1) the accumulative nature of the requirements to obtain results-based finance, (2) a higher degree of normative bindingness and (3) systematic integration of UNFCCC COP decisions on REDD. Furthermore, (4) the WFR enhanced transparency of MRV processes and (5) promotes centralization at the national level, by linking MRV processes to reporting obligations of developing countries under the UNFCCC and by providing the opportunity of creating a voluntary national entity or focal point for REDD, increasing the (6) need for inter-sectoral and inter-agency coordination. While all six implications will be discussed, the article highlights in particular the aspects of centralization and increased transparency.","PeriodicalId":378017,"journal":{"name":"PSN: Environment (Topic)","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125377757","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A. Krupnick, J. Darmstadter, N. Richardson, Katrina McLaughlin
{"title":"Putting a Carbon Charge on Federal Coal: Legal and Economic Issues","authors":"A. Krupnick, J. Darmstadter, N. Richardson, Katrina McLaughlin","doi":"10.2139/ssrn.2622710","DOIUrl":"https://doi.org/10.2139/ssrn.2622710","url":null,"abstract":"US policy to limit greenhouse gas emissions is currently driven, in part, by the US Environmental Protection Agency’s proposed Clean Power Plan, which seeks a drop in carbon dioxide (CO2) emissions from fossil-fueled power plants—a “downstream” approach to regulation. Here, we consider an alternative, or possibly complementary, regulatory perspective - What is the legal and economic feasibility of imposing an “upstream” CO2 charge on coal production at its extraction site? Specifically, our focus is on leased coal from federal lands managed by the Bureau of Land Management (BLM). Such a carbon charge is designed, in principle, to embody the cumulative “lifecycle” externalities from coal mining to combustion (or other “downstream” utilization). Our legal analysis concludes that BLM has the statutory and regulatory authority to impose such a charge and that it would be best to add it to the royalty rate. But a large fee that would dramatically reduce revenues could invite judicial concern. The economic case is weaker than the legal case because production on state, private, and tribal lands (60 percent of total production) would not be subject to the charge and so could ramp up in response to the economic disadvantage the charge would cause for coal on federal lands, among other reasons. Best would be a comprehensive set of charges on royalties for all fossil fuels, irrespective of ownership.","PeriodicalId":378017,"journal":{"name":"PSN: Environment (Topic)","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129925445","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
T. Havránek, Zuzana Irsova, K. Janda, D. Zilberman
{"title":"Selective Reporting and the Social Cost of Carbon","authors":"T. Havránek, Zuzana Irsova, K. Janda, D. Zilberman","doi":"10.2139/ssrn.2640810","DOIUrl":"https://doi.org/10.2139/ssrn.2640810","url":null,"abstract":"We examine potential selective reporting (publication bias) in the literature on the social cost of carbon (SCC) by conducting a meta-analysis of 809 estimates of the SCC reported in 101 studies. Our results indicate that estimates for which the 95% confidence interval includes zero are less likely to be reported than estimates excluding negative values of the SCC, which might create an upward bias in the literature. The evidence for selective reporting is stronger for studies published in peer-reviewed journals than for unpublished papers. We show that the findings are not driven by the asymmetry of the confidence intervals surrounding the SCC and are robust to controlling for various characteristics of study design and to alternative definitions of confidence intervals. Our estimates of the mean reported SCC corrected for the selective reporting bias range between USD 0 and 134 per ton of carbon at 2010 prices for emission year 2015.","PeriodicalId":378017,"journal":{"name":"PSN: Environment (Topic)","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126123586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Going Forward by Looking Backwards on the Environmental Kuznets Curve: An Analysis of CFCs, CO2 and the Montreal and Kyoto Protocols","authors":"T. Longden","doi":"10.2139/ssrn.2492020","DOIUrl":"https://doi.org/10.2139/ssrn.2492020","url":null,"abstract":"The success of the Montreal Protocol in comparison to the stagnation seen in negotiations surrounding the Kyoto Protocol highlights the importance of a supportive industry group, pre-existing legislation and commitment by a lead nation, affordable and available substitutes, as well as acceptance of the underlying scientific explanation of the link between emissions and a key detrimental impact. The focus on these contrasting intergovernmental agreements within this paper is driven, in part, by the intention to establish that successful emission reductions tend to be associated with a concerted policy effort rather than the level of per capita income. This is in contrast to the concept of the Environmental Kuznets Curve (EKC) which contends that a significant negative relationship exists between high levels of national income and per capita emissions. While a nation’s level of development and national income are likely to be linked to an ability to make structural changes and/or the implementation of environmental policy, this paper finds no evidence of an EKC consistent quadratic relationship between income and CFC emissions once key considerations, such as biased estimations and policy effort, have been accounted for.","PeriodicalId":378017,"journal":{"name":"PSN: Environment (Topic)","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125029718","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Mark R. Jacobsen, Jacob LaRiviere, Michael K. Price
{"title":"Public Goods Provision in the Presence of Heterogeneous Green Preferences","authors":"Mark R. Jacobsen, Jacob LaRiviere, Michael K. Price","doi":"10.3386/W20266","DOIUrl":"https://doi.org/10.3386/W20266","url":null,"abstract":"We develop a model of the private provision of public goods in a world where agents face convex costs of provision. Consonant with prior empirical evidence, we introduce preference heterogeneity by allowing a subset of agents to exhibit pro-social behavior that reflects \"green\" preferences. We use the model to compare different policies to promote private provision of public goods such as environmental quality or energy conservation. Counter to the standard result, we find that technology standards are frequently preferred to price-based instruments. Extending the model to allow for both benefit and cost heterogeneity, we find that policy choice depends on the correlation between the two forms of heterogeneity.","PeriodicalId":378017,"journal":{"name":"PSN: Environment (Topic)","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123613543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Wang Xi, Albert K. Butzel, R. Ottinger, Nicholas A. Robinson, J. Parker, Taryn L. Rucinski, Marla E. Wieder, R. Valova, Pianpian Wang
{"title":"Assessing Environmental Governance of the Hudson River Valley: Application of an IPPEP Model","authors":"Wang Xi, Albert K. Butzel, R. Ottinger, Nicholas A. Robinson, J. Parker, Taryn L. Rucinski, Marla E. Wieder, R. Valova, Pianpian Wang","doi":"10.4337/9781783479313.00007","DOIUrl":"https://doi.org/10.4337/9781783479313.00007","url":null,"abstract":"The process of obtaining effective implementation of environmental laws is a process of “environmental governance.” Law, including environmental law and other fields of law related to environmental law, is essential to frame, facilitate, and foster the major parties to correctly play their roles. This thesis has been articulated through a Model of Interactions of Parties in the Process of Environmental Protection (IPPEP Model), which has been developed by Professor Wang Xi of Shanghai Jiao Tong University, in the context of the People’s Republic of China. The IPPEP Model is a tool for observing and accessing environmental governance at work. It is being tested by regional studies in various locations, such as the United States, the State of New York, and in this IPPEP case study of New York’s Hudson River Valley. The IPPEP model being examined, however, has universal applicability. Use of this model can predict that environmental standards will fail to be observed when necessary “Third Parties” are weak or absent. A nation with a commitment to the “rule of law” will enact and apply necessary legal procedures to ensure that each party can take part in the system and perform their role effectively. Part I of this paper describes the IPPEP Model. Part II is a brief introduction to the history of Hudson River Valley. Part III introduces the major parties or players in the process of protecting Hudson River Valley. Part IV consists of five case studies applying the IPPEP Model in cases of Hudson River Valley conservation. Part V concludes the paper.","PeriodicalId":378017,"journal":{"name":"PSN: Environment (Topic)","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127689545","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Rethinking Health-Based Environmental Standards","authors":"Michael A. Livermore, Richard L. Revesz","doi":"10.2139/SSRN.2313134","DOIUrl":"https://doi.org/10.2139/SSRN.2313134","url":null,"abstract":"Under the Clean Air Act, the U.S Environmental Protection Agency (EPA) is required to determine the stringency of the National Ambient Air Quality Standards (NAAQS), arguably the most important federal environmental program, without considering the costs of achieving these standards. Instead, it must rely exclusively on health-related criteria. This Article argues that health-based standards, which are one of the principal approaches to setting the stringency of environmental requirements in the United States, exhibit two serious pathologies: the stopping point problem and the inadequacy paradox. The stopping point problem arises because there is no coherent, defensible way for EPA to set the permissible level of pollution based on health considerations alone. Moreover, contrary to the commonly accepted view, the NAAQS have generally been set at levels that are less stringent than those that would result from the application of cost-benefit analysis, giving rise to the inadequacy paradox. We urge a reinterpretation of the Supreme Court’s important decision in Whitman v. American Trucking Associations that would solve the inadequacy paradox and explain how non-welfarist considerations, although they do not avoid the stopping point problem, could justify health-based trumps.","PeriodicalId":378017,"journal":{"name":"PSN: Environment (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127462266","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Environmental Protection Agency's Budget from 1970 to 2010: A Lifecycle Analysis","authors":"Péter Bálint, James K. Conant","doi":"10.1111/j.1540-5850.2013.12023.x","DOIUrl":"https://doi.org/10.1111/j.1540-5850.2013.12023.x","url":null,"abstract":"Using three approaches, we attempt to explain changes in the Environmental Protection Agency's operating budget from 1970 to 2010. First, we compare qualitative predictions from two general types of agency lifecycle theories to the actual path of the EPA's budget. Second, we test empirically several hypotheses regarding the effects of political, economic, and other variables on the agency's budget. Third, we conduct detailed historical case studies of selected years. The results offer hints of support for theories predicting incremental change but do not support the hypothesized effects of external factors. We also uncover some historical anomalies that warrant further research.","PeriodicalId":378017,"journal":{"name":"PSN: Environment (Topic)","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124309194","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}