Concepts, Implementation and Effectiveness
New Horizons in Environmental and Energy Law series
Edited by Michael Faure, Peter De Smedt and An Stas
Chapter 8: Environmental regulation and enforcement networks operating in tandem: a very effective vehicle for driving efficiencies and facilitating knowledge exchange and transfer
Environmental regulation and enforcement are often associated with the phrase that it is an activity ‘that is more art than science’. This concept is supported by the extensive work undertaken by Professor Malcolm Sparrow on regulation. In Sparrow’s terms, environmental regulation is a field of practice which requires ‘regulatory craftsmanship’ by practitioners and managers alike. The toolkit also requires serious consideration. The metaphoric toolkit and craftsmanship amount in practice, at a high level, to the application of ‘the tools of government’, and more prosaically to effective and skilful training and experience in assessing environmental problems, ensuring the scientific assessments underpinning regulation are sound, managing the harm potentially arising from environmental pressures, licensing the facility or operator or operation appropriately to limit releases to atmosphere, waters, land and waste or recovery facilities and managing compliance and regulatory relationships thereafter in an effective and efficient manner.
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