Consensus is growing internationally that traditional command-and-control approaches to environmental regulation have borne much of their low-hanging fruit. Yet it is far from clear what should complement or replace them. Regulatory agencies and policy-makers are struggling with a lack of information about regulatory reform, about what works and what doesn't, and about how best to harness the resources of both government and non-government stakeholders. Progress is being impeded unnecessarily by a lack of shared knowledge of how similar agencies elsewhere are meeting similar challenges and by a lack of data on the success or otherwise of existing initiatives. Despite recent and valuable attempts to deal with such problems in the European Union and North America, these remain islands of wisdom in a sea of ignorance. For example, when it comes to dealing with small and medium-sized enterprises, very little is known, and what is known is not effectively distilled and disseminated. Much the same could be said about the roles of third parties, commercial and non-commercial, as surrogate regulators, and more broadly of many current initiatives to reconfigure the regulatory state. Based on the authors' work for the OECD, Victorian Environmental Protection Authority and the Western Australian Department of Environment Protection, Leaders and Laggards addresses these problems by identifying innovative regulatory best practice internationally in a number of specific contexts, evaluating empirically the effectiveness of regulatory reform and providing policy prescriptions that would better enable agencies to fulfil their regulatory missions. Focusing primarily on the differing requirements for both corporations and small and medium-sized enterprises in North America and Europe, the book aims to complement existing initiatives and to expand knowledge of regulatory reform by showing: how existing experience can best be put to practical use "on the ground"; by drawing lessons from experiments in innovative regulation internationally; by reporting and extrapolating on original case studies; and by advancing understanding on which instruments and strategies are likely to be of most value and why. The authors argue that the development of theory has outstripped its application. In essence, Leaders and Laggards aims to ground a myriad of theory on the reinvention of environmental regulation into practice. The book will be essential reading for environmental policy-makers, regulatory and other government officials responsible for policy design and implementation, academics and postgraduate students in environmental management, environmental law and environmental policy, and a more general readership within environmental policy and management studies. It will also be of interest to those in industry, such as environmental managers and corporate strategists, who are considering the use of more innovative environmental and regulatory strategies, and to environmental NGOs.
NEIL GUNNINGHAM is Professor in the School of Resources, Environment and Society at The Australian National University. DARREN SINCLAIR is a Senior Research Associate at the Australian Centre for Environmental Law, The Australian National University.
Preface 1. Introduction2. Regulating small and medium-sized enterprises3. Partnerships, EMSs and the search for regulatory surrogates in the smash repair industry4. Refrigeration and air-conditioning: co-regulation and industry self-management5. Cleaner production and the Victorian vegetable growers6. Regulating large enterprises7. Voluntary approaches to environmental protection: lessons from the mining sector8. Community empowerment and regulatory flexibility: EIPs and accredited licensing9. Conclusion: reconfiguring environmental regulation