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Financial Responsibility for Environmental Obligations: Are Bonding and Assurance Rules Fulfilling Their Promise?

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  • Boyd, James

Abstract

Financal assurance rules, also known as financial responsibility or bonding requirements, foster cost internalization by requiring potential polluters to demonstrate the financial resources necessary to compensate for environmental damage that may arise in the future. Accordingly, assurance is an important complement to liability rules, restoration obligations, and other regulatory compliance requirements. The paper reviews the need for assurance, given the prevalence of abandoned environmental obligations, and assesses the implementation of assurance rules in the United States. From the standpoint of both legal effectiveness and economic efficiency, assurance rules can be improved. On the whole, however, cost recovery, deterrence, and enforcement are significantly improved by the presence of existing assurance regulations.

Suggested Citation

  • Boyd, James, 2001. "Financial Responsibility for Environmental Obligations: Are Bonding and Assurance Rules Fulfilling Their Promise?," Discussion Papers 10809, Resources for the Future.
    • Handle: RePEc:ags:rffdps:10809
    DOI: 10.22004/ag.econ.10809
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    Cited by:

    1. BOYER, Marcel & PORRINI, Donatella, 2010. "Optimal Liability Sharing and Court Errors : An Exploratory Analysis," Cahiers de recherche 05-2010, Centre interuniversitaire de recherche en économie quantitative, CIREQ.
    2. Yolande Hiriart & David Martimort, 2006. "The benefits of extended liability," RAND Journal of Economics, RAND Corporation, vol. 37(3), pages 562-582, September.
    3. Hutchinson, Emma & van 't Veld, Klaas, 2005. "Extended liability for environmental accidents: what you see is what you get," Journal of Environmental Economics and Management, Elsevier, vol. 49(1), pages 157-173, January.
    4. Steven Nelson & Jonathan M. Fisk, 2021. "End of the (Pipe)Line? Understanding how States Manage the Risks of Oil and Gas Wells," Review of Policy Research, Policy Studies Organization, vol. 38(2), pages 203-221, March.
    5. Kim, Chulyoung & Koh, Paul S., 2019. "Minimum Asset and Liability Insurance Requirements on Judgment-Proof Individuals When Harm is Endogenous," Hitotsubashi Journal of Economics, Hitotsubashi University, vol. 60(2), pages 141-161, December.
    6. Yolande Hiriart & David Martimort & Jérôme Pouyet, 2008. "The Regulator and the Judge : The Optimal Mix in The Control of Environmental Risk," Revue d'économie politique, Dalloz, vol. 118(6), pages 941-967.
    7. Marcel Boyer & Donatella Porrini, 2008. "The Efficient Liability Sharing Factor For Environmental Disasters: Lessons For Optimal Insurance Regulation," CIRANO Working Papers 2008s-03, CIRANO.
    8. Gérard Mondello, 2017. "Lenders and Risky Activities: Strict Liability or Negligence Rule?," GREDEG Working Papers 2017-13, Groupe de REcherche en Droit, Economie, Gestion (GREDEG CNRS), Université Côte d'Azur, France.
    9. Mondello, Gérard, 2012. "La responsabilité environnementale des prêteurs : difficultés juridiques et ensemble des possibles," L'Actualité Economique, Société Canadienne de Science Economique, vol. 88(2), pages 257-278, Juin.
    10. Lucija Muehlenbachs, 2015. "A Dynamic Model Of Cleanup: Estimating Sunk Costs In Oil And Gas Production," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 56(1), pages 155-185, February.
    11. Muehlenbachs, Lucija, 2012. "Testing for Avoidance of Environmental Obligations," RFF Working Paper Series dp-12-12, Resources for the Future.
    12. Espinoza, R. David & Morris, Jeremy W.F., 2017. "Towards sustainable mining (part II): Accounting for mine reclamation and post reclamation care liabilities," Resources Policy, Elsevier, vol. 52(C), pages 29-38.
    13. Gérard Mondello, 2021. "Lenders' liability and ultra-hazardous activities," Post-Print halshs-03502693, HAL.
    14. Productivity Commission, 2008. "Chemicals and Plastics Regulation," Research Reports, Productivity Commission, Government of Australia, number 27, July.
    15. Sara Aghakazemjourabbaf & Margaret Insley, 2018. "Optimal timing of harzardous waste clean-up under an environmental bond an a strict liability rule," Working Papers 1803, University of Waterloo, Department of Economics, revised 06 Jan 2018.
    16. Mondello, Gerard, 2010. "Risky Activities and Strict Liability Rules: Delegating Safety," Sustainable Development Papers 94736, Fondazione Eni Enrico Mattei (FEEM).
    17. Ancev, Tiho & Merrett, Danielle, 2018. "Security Bonding in Unconventional Gas Development: Evidence from an Economic Experiment," Ecological Economics, Elsevier, vol. 153(C), pages 139-146.
    18. Zhou, Jane, 2014. "Beyond Liability: An Analysis of Financial Responsibility and Care Decisions in Hazardous Waste Management Facilities," Working Papers 182293, University of Maryland, Department of Agricultural and Resource Economics.
    19. Peck, Philip & Sinding, Knud, 2009. "Financial assurance and mine closure: Stakeholder expectations and effects on operating decisions," Resources Policy, Elsevier, vol. 34(4), pages 227-233, December.
    20. Liu Deming, 2012. "Proposing the Bonding Requirements for Investment in Africa: A Tripartite Solution for the Environmental Protection," The Law and Development Review, De Gruyter, vol. 5(2), pages 128-154, December.
    21. Gérard Mondello, 2012. "Strict Liability, Capped Strict Liability, and Care Effort under Asymmetric Information," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 168(2), pages 232-251, June.
    22. Jacob Julien, 2021. "The (Mixed) Effects of Minimum Asset Requirements When There is a Possibility of Technological Change," Review of Law & Economics, De Gruyter, vol. 17(1), pages 167-191, March.
    23. Ben White & Graeme J. Doole & David J. Pannell & Veronique Florec, 2012. "Optimal environmental policy design for mine rehabilitation and pollution with a risk of non‐compliance owing to firm insolvency," Australian Journal of Agricultural and Resource Economics, Australian Agricultural and Resource Economics Society, vol. 56(2), pages 280-301, April.
    24. Mackie, Colin & Velenturf, Anne P.M., 2021. "Trouble on the horizon: Securing the decommissioning of offshore renewable energy installations in UK waters," Energy Policy, Elsevier, vol. 157(C).

    More about this item

    Keywords

    Environmental Economics and Policy;

    JEL classification:

    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics
    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law
    • Q38 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Nonrenewable Resources and Conservation - - - Government Policy (includes OPEC Policy)

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