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Enforcing the environment: regulatory realities

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  • Stephen Fineman

Abstract

This paper explores mandatory environmental regulation of industry through the eyes of the regulator. While there is much written about the salutary effects of environmental law on industry, we are only just beginning to appreciate how, in practice, this operates and the extent to which the regulatory official is a key actor in the process. The paper reports on a qualitative study of environmental agency officials – their values, their attitudes toward industrial operators, pressures from environmental groups and the manner in which they interpret and apply axioms of environmental law. Their technicist, ‘shallow green’ perspective is revealed as they attempt to make regulatory deals. Their interpretative discretion is considerable in the face of a highly ambiguous legal framework, and much uncertainty about the limits of their power. Major features of legislative control, such as towards sustainability, are regarded as unworkable, and prosecution is experienced as a blunt weapon. The implications of the findings for the regulatory official and for the wider role of mandatory regulation are discussed. Copyright © 2000 John Wiley & Sons, Ltd and ERP Environment

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  • Stephen Fineman, 2000. "Enforcing the environment: regulatory realities," Business Strategy and the Environment, Wiley Blackwell, vol. 9(1), pages 62-72, January.
    • Handle: RePEc:bla:bstrat:v:9:y:2000:i:1:p:62-72
    DOI: 10.1002/(SICI)1099-0836(200001/02)9:13.0.CO;2-5
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    1. Stephen Fineman & Ken Clarke, 1996. "Green Stakeholders: Industry Interpretations And Response," Journal of Management Studies, Wiley Blackwell, vol. 33(6), pages 715-730, November.
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    Cited by:

    1. Clemens, Bruce & Douglas, Thomas J., 2006. "Does coercion drive firms to adopt 'voluntary' green initiatives? Relationships among coercion, superior firm resources, and voluntary green initiatives," Journal of Business Research, Elsevier, vol. 59(4), pages 483-491, April.
    2. J. P. Ulhøi & H. Madsen, 2009. "Recapturing the corporate environmental management research agenda," Business Strategy and the Environment, Wiley Blackwell, vol. 18(2), pages 79-82, February.
    3. Adrian Cashman & Linda Lewis, 2007. "Topping up or watering down? Sustainable development in the privatized UK water industry," Business Strategy and the Environment, Wiley Blackwell, vol. 16(2), pages 93-105, February.
    4. J. P. Richards & G. A. Glegg & S. Cullinane, 2004. "Implementing chemicals policy: leaders or laggards?," Business Strategy and the Environment, Wiley Blackwell, vol. 13(6), pages 388-402, November.
    5. Bruce Clemens & Charles E. Bamford & Thomas J. Douglas, 2008. "Choosing strategic responses to address emerging environmental regulations: size, perceived influence and uncertainty," Business Strategy and the Environment, Wiley Blackwell, vol. 17(8), pages 493-511, December.
    6. Sanjay Patnaik, 2020. "Emissions permit allocation and strategic firm behavior: Evidence from the oil sector in the European Union emissions trading scheme," Business Strategy and the Environment, Wiley Blackwell, vol. 29(3), pages 976-995, March.
    7. Carlos Wing-Hung Lo & Gerald Erick Fryxell, 2005. "Governmental and Societal Support for Environmental Enforcement in China: An Empirical Study in Guangzhou," Journal of Development Studies, Taylor & Francis Journals, vol. 41(4), pages 558-588.
    8. Bruce Wayne Clemens & Maria Papadakis, 2008. "Environmental management and strategy in the face of regulatory intensity: radioactive contamination in the US steel industry," Business Strategy and the Environment, Wiley Blackwell, vol. 17(8), pages 480-492, December.
    9. Nigel James Martin & John Lewis Rice, 2014. "Influencing Clean Energy Laws: an Analysis of Business Stakeholder Engagement," Business Strategy and the Environment, Wiley Blackwell, vol. 23(7), pages 447-460, November.

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