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Steve wolfson effective governance for environmental protection
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- 2. Themes • Strong environmental laws are critical for protecting public health. • While countries vary in form and implementation, we can identify core elements of effective governance for environmental protection. •Strong environmental protection is compatible with strong economic growth.
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- 4. Pollution Impacts on Health and the Economy • Air pollution estimated to cause > 4 million premature deaths annually. • Water pollution, poor sanitation, and indoor air pollution cause serious health impacts as well. •The impacts of air pollution fall heaviest on the young, the old, and the poor. The medical costs and lower productivity pose “a real drag on development” (World Bank)
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- 11. Growing international recognition of importance of Effective Governance for Environmental Protection • Sustainable development depends on “good governance and the rule of law” including transparent and accountable institutions • Rio + 20 U.N. Conference on Sustainable Development outcome “The Future We Want” paragraph 10 (2012) •U.N. Environment Program to support developing national capacities, with attention to information access, public participation, accountability mechanisms • UNEP Governing Council Decision 27/9 on Advancing Governance, Justice, and Law for Environmental Sustainability (2013) • Recognition of the need to build effective, accountable and inclusive institutions, with targets promoting the rule of law, access to justice, reducing corruption, ensuring participatory decision-making and access to information • U.N. Sustainable Development Goals, Goal 16 (2015)
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- 13. What makes for effective governance for environmental protection? • Strong laws that are clear, implementable, and enforceable •Practical implementation mechanisms and enforcement authorities • Examples: • Record-keeping, monitoring and reporting provisions • Robust pollutant permitting systems that are transparent and systematic • Periodic renewal of permits to keep up with regulatory developments • Attainment planning systems to ensure standards are met. • Strong institutions • Coordination across different agencies and different levels of government • Compliance Assurance
- 14. EPA Environmental Programs Depend On Robust Permit Programs Ø Consolidates requirements and secures permittee understanding and commitment Ø Clarifies what is required: Who, What, Where, When, How ØIncluding clear limits on pollutant releases Ø Clarifies monitoring and reporting requirements Ø Facility-specific conditions (when needed) Ø Links facility to implementation plan Ø Facilitates inspection Ø Transparency of permitting procedures: allows stakeholders to hold permittee and government accountable 14
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- 16. Permits as a Tool to Promote Compliance • Promote transparency and stakeholder input • Give specific meaning to the laws and regulations at the source level •Level playing field • Limit the pollution and achieve compliance • Provide basis for penalty to recover economic benefit 16
- 17. China case study Before strengthening environmental laws: § 90% of major cities were not meeting air quality standard. § Severe water contamination and scarcity §Extensive land contamination (19% of farmland contaminated) § 3.5% of GDP lost to environmental degradation. § Growing public pressure on government to address crisis
- 18. China case study Growing awareness of pollution levels and health impacts triggered environmental law reforms: • Public disclosure of pollutant emissions. • Air Pollution Control Law & Clean Air Action Plan •Growing role of NGOs • Public can sue polluters for violating standards • Use of social media to spread awareness - Pollution Map App • Strengthened accountability of polluters and government officials for meeting standards • Improving permitting system and attainment planning
- 19. China case study • Significant progress on air pollution: particulate pollution (PM 2.5) declined > 30% • Still a long way to go, especially on water pollution and waste issues. •Legislative reforms continue • Pollutant Permitting System • 2016 Permit System Implementation Plan • 2018 Permitting System Implementation Measures • 2019 Catalogue of Pollution Discharge Permit Management for Stationary Sources • Training prosecutors to handle environmental cases • 2018 Hazardous Waste Law • 2020 Draft Legislation on Chemicals Management
- 20. Does Environmental Protection Undermine Economic Growth? • Government regulations requiring pollution control are “technology forcing” and can encourage the modernization of industry and infrastructure. • A marginal business that can’t afford pollution control technology might not last very long anyway. •Investment in environmental clean-up can stimulate other upgrades that enable businesses to more effectively compete. • A clean environment reduces illness and health care costs. • A clean environment attracts investment and tourism. Steve Cohen, “The False Trade-Off Between Economic Growth and Environmental Protection” Columbia University Earth Institute Blog
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- 22. Comparing Growth andAir Emissions in the United States since 1970 Since 1970, common air pollutants reduced by 70% while U.S. economy more than tripled.
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- 24. International Cooperation Case Study: Global Alliance to Eliminate Lead Paint • Global Alliance to Eliminate Lead Paint • Voluntary public-private partnership to provide drafting and technical assistance focused on a specific legal tool •Organized by UNEP and WHO • Broad participation includes governments, paint industry, NGOs • Globally, lead paint is a leading source of childhood lead exposure. Lead exposure impairs cognitive development and has been linked with crime and violence • Model Law and Guidance on Regulating Lead Paint • 5 pages of legal text + 12 pages of guidance • Backed up by legal support network to help with drafting and implementation issues. https://www.unenvironment.org/resources/publication/model-law- andguidance-regulating-lead-paint
- 25. Sampling of EPA Trainings/ Knowledge Products • Public Participation Guide • Pollutant Disclosure (PRTR) Training •Pollutant Permitting Systems Training • Lead Paint Model Law • Global Methane Initiative • Principles of Effective Environmental Enforcement / Inspector Training • Principles of Environmental Impact Assessment • Judicial Training 25
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