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.
Author(s): Cynthia Giles
Publisher: Oxford University Press
Year: 2022
Language: English
Pages: 304
City: New York
Title Page
Copyright Page
Dedication
Contents
Acknowledgments
Introduction: What Is Next Gen and Why Does It Matter?
1. Rules with Compliance Built In
2. Noncompliance with Environmental Rules Is Worse Than You Think
3. Rules about Rules
4. Getting in Our Own Way: How EPA Guidance Reinforces Faulty Compliance Assumptions
5. Next Gen Strategies: A Playbook
6. The Ideologues: Performance Standards and Market Strategies
7. Ensuring Zero-Carbon Electricity
8. Don’t Double Down on Past Mistakes with Low-Carbon Fuels
9. Innovative Strategies Are the Only Way to Cut Methane from Oil and Gas
10. Updating Federalism
11. Environmental Enforcement in the Next Gen Era
Conclusion: What’s the Bottom Line?
Index