Overview

Nearly everyone accepts as gospel two assumptions: compliance with environmental rules is high, and enforcement is responsible for making compliance happen. Both are wrong. In fact, serious violations of environmental regulations are widespread, and by far the most important driver of compliance results is not enforcement but the structure of the rule itself. In Next Generation Compliance, Cynthia Giles shows that well-designed regulations deploying creative strategies to make compliance the default can achieve excellent implementation outcomes. Poorly designed rules that create many opportunities to evade, obfuscate, or ignore will have dismal performance that no amount of enforcement will ever fix. Rampant violations have real consequences: unhealthy air, polluted water, contaminated drinking water, exposure to dangerous chemicals, and unrestrained climate-forcing pollution. They also land hardest on already overburdened communities - that's why Next Gen and environmental justice are tightly linked. The good news is there are tools to build much better compliance into regulations, including many tested strategies that can be the building blocks of programs that withstand the inevitable pressures of real life. Next Generation Compliance shows how regulators can avoid the compliance calamities that plague far too many environmental rules today, a lesson that is particularly urgent for regulations tackling climate change. It has an optimistic message: there are ways to ensure reliable results, if regulators jettison incorrect assumptions and design rules that are resilient to the mess and complexity of the real world.

Full Product Details

Author:   Cynthia Giles (Guest Fellow, Guest Fellow, Harvard Law School)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 23.90cm , Height: 2.30cm , Length: 16.40cm
Weight:   0.585kg
ISBN:  

9780197656747

ISBN 10:   0197656749
Pages:   304
Publication Date:   21 November 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Acknowledgements Introduction Chapter 1. Rules with Compliance Built In Chapter 2. Noncompliance with Environmental Rules Is Worse Than You Think Chapter 3. Rules about Rules Chapter 4. Getting in Our Own Way: How EPA Guidance Reinforces Faulty Compliance Assumptions Chapter 5. Next Gen Strategies: A Playbook Chapter 6. The Ideologues: Performance Standards and Market Strategies Chapter 7. Ensuring Zero-Carbon Electricity Chapter 8. Don't Double Down on Past Mistakes with Low-Carbon Fuels Chapter 9. Innovative Strategies Are the Only Way to Cut Methane from Oil and Gas Chapter 10. Updating Federalism Chapter 11. Environmental Enforcement in the Next Gen Era Conclusion

Reviews

We now have technology that can find methane leaks from a small gas well all the way from space; and we can measure air pollution from cars, buses, trucks, and trains without any vehicle needing to slow down - never mind stop. So why is it that so many sources of pollution that are being regulated today are still belching pollution that is harming our kids' health, killing our trees and forests, contaminating our water, and contributing to climate change? Don't ask me - read this book! Cynthia Giles challenges us to wake up and embrace the ways in which today's smart technologies and analytic tools can transform old tried and true pollution compliance and enforcement strategies into opportunities to truly advance our health and security while leveling the playing field for everyone that is working hard to do the right thing. * Gina McCarthy, Former Administrator of the Environmental Protection Agency under President Barack Obama * A fascinating and provocative discussion of a crucial question for environmental law and policy: compliance. It's jam-packed with valuable, fresh ideas - and it could help make our country, and our planet, a lot cleaner. Highly recommended! * Cass R. Sunstein, Robert Walmsley University Professor, Harvard Law School * Cynthia Giles has researched and written the most revealing, insightful, and to me utterly surprising book on the crafting of environmental law, examining how years went by without anyone noticing that important air regulations were ineffective due to poor design. But she also analyzes what did work and how savvy design made all the difference and rid the environment of acid rain. Giles has written the most astute and informative book on the future of environmental policy and regulation. Wish I had had it when I was in office! * William K. Reilly, EPA Administrator, 1989-1993 * This book is a revelation. Giles describes the huge gap between what environmental rules are supposed to accomplish and what happens in real life where non-compliance is rampant. Her key insight is that success on the ground doesn't depend on the compliance culture of the regulated companies: it's the design of the rule that matters. Giles offers a new approach that would build compliance into environmental rules on the front end, making compliance the path of least resistance. Refreshingly sensible and pragmatic without an ideological edge. A must-read for policymakers, regulators, advocates, and regulated businesses interested in how environmental regulation works in practice. * Jody Freeman, Archibald Cox Professor of Law, Harvard Law School * Next Generation Compliance is a must read for anyone who cares about environmental sustainability and the regulatory state. The book is a tour de force, showing that environmental violations are pervasive and offering a blueprint for designing rules with compliance built in. * Daniel E. Ho, William Benjamin Scott and Luna M. Scott Professor of Law, Stanford University * Drawing on her distinguished career in law enforcement and public leadership, Cynthia Giles articulates an important vision for how to design regulation to drive real environmental improvements-offering vital insights for policymakers and the public alike. Anyone who wants to understand how law can protect the planet's future should read this book. * Cary Coglianese, Edward B. Shils Professor of Law, Director, Penn Program on Regulation, University of Pennsylvania * Environmental regulations can be designed to succeed. Giles explains why and shows us how, not in abstract theory, but in real world practice. * Michael Greenstone, Milton Friedman Distinguished Service Professor in Economics, The University of Chicago * Cynthia Giles, who led the Environmental Protection Agency's enforcement and compliance efforts with great distinction for a record eight years, has written a must-read book for anyone concerned about the gap between a regulation's promise and what the regulated community accomplishes in practice. She argues persuasively that attention to compliance must be a central design feature of any successful regulation, and cannot, as typically has been the case, be a mere afterthought. * Richard L. Revesz, AnBryce Professor of Law and Dean Emeritus, New York University School of Law *

[O]ne of the most important books on regulation to appear in a long time. * Cary Coglianese, author of Step Aside Chester Bowles * This book is a must-read for environmental policy makers, program managers, rule writers, lawmakers, and scholars. * Catherine R. McCabe, author of Environmental Regulation in the U.S.: Popular Myths, the Reality, and How to Do it Better * Giles' book is terrific, real, practical, and no-nonsense advice on environmental regulation. * Seema Kakade, author of A Playbook on How to Achieve Compliance with Environmental Regulations * We now have technology that can find methane leaks from a small gas well all the way from space; and we can measure air pollution from cars, buses, trucks, and trains without any vehicle needing to slow down - never mind stop. So why is it that so many sources of pollution that are being regulated today are still belching pollution that is harming our kids' health, killing our trees and forests, contaminating our water, and contributing to climate change? Don't ask me - read this book! Cynthia Giles challenges us to wake up and embrace the ways in which today's smart technologies and analytic tools can transform old tried and true pollution compliance and enforcement strategies into opportunities to truly advance our health and security while leveling the playing field for everyone that is working hard to do the right thing. * Gina McCarthy, Former Administrator of the Environmental Protection Agency under President Barack Obama * A fascinating and provocative discussion of a crucial question for environmental law and policy: compliance. It's jam-packed with valuable, fresh ideas - and it could help make our country, and our planet, a lot cleaner. Highly recommended! * Cass R. Sunstein, Robert Walmsley University Professor, Harvard Law School * Cynthia Giles has researched and written the most revealing, insightful, and to me utterly surprising book on the crafting of environmental law, examining how years went by without anyone noticing that important air regulations were ineffective due to poor design. But she also analyzes what did work and how savvy design made all the difference and rid the environment of acid rain. Giles has written the most astute and informative book on the future of environmental policy and regulation. Wish I had had it when I was in office! * William K. Reilly, EPA Administrator, 1989-1993 * This book is a revelation. Giles describes the huge gap between what environmental rules are supposed to accomplish and what happens in real life where non-compliance is rampant. Her key insight is that success on the ground doesn't depend on the compliance culture of the regulated companies: it's the design of the rule that matters. Giles offers a new approach that would build compliance into environmental rules on the front end, making compliance the path of least resistance. Refreshingly sensible and pragmatic without an ideological edge. A must-read for policymakers, regulators, advocates, and regulated businesses interested in how environmental regulation works in practice. * Jody Freeman, Archibald Cox Professor of Law, Harvard Law School * Next Generation Compliance is a must read for anyone who cares about environmental sustainability and the regulatory state. The book is a tour de force, showing that environmental violations are pervasive and offering a blueprint for designing rules with compliance built in. * Daniel E. Ho, William Benjamin Scott and Luna M. Scott Professor of Law, Stanford University * Drawing on her distinguished career in law enforcement and public leadership, Cynthia Giles articulates an important vision for how to design regulation to drive real environmental improvements-offering vital insights for policymakers and the public alike. Anyone who wants to understand how law can protect the planet's future should read this book. * Cary Coglianese, Edward B. Shils Professor of Law, Director, Penn Program on Regulation, University of Pennsylvania * Environmental regulations can be designed to succeed. Giles explains why and shows us how, not in abstract theory, but in real world practice. * Michael Greenstone, Milton Friedman Distinguished Service Professor in Economics, The University of Chicago * Cynthia Giles, who led the Environmental Protection Agency's enforcement and compliance efforts with great distinction for a record eight years, has written a must-read book for anyone concerned about the gap between a regulation's promise and what the regulated community accomplishes in practice. She argues persuasively that attention to compliance must be a central design feature of any successful regulation, and cannot, as typically has been the case, be a mere afterthought. * Richard L. Revesz, AnBryce Professor of Law and Dean Emeritus, New York University School of Law *

We now have technology that can find methane leaks from a small gas well all the way from space; and we can measure air pollution from cars, buses, trucks, and trains without any vehicle needing to slow down - never mind stop. So why is it that so many sources of pollution that are being regulated today are still belching pollution that is harming our kids' health, killing our trees and forests, contaminating our water, and contributing to climate change? Don't ask me - read this book! Cynthia Giles challenges us to wake up and embrace the ways in which today's smart technologies and analytic tools can transform old tried and true pollution compliance and enforcement strategies into opportunities to truly advance our health and security while leveling the playing field for everyone that is working hard to do the right thing. * Gina McCarthy, Former Administrator of the Environmental Protection Agency under President Barack Obama * A fascinating and provocative discussion of a crucial question for environmental law and policy: compliance. It's jam-packed with valuable, fresh ideas - and it could help make our country, and our planet, a lot cleaner. Highly recommended! * Cass R. Sunstein, Robert Walmsley University Professor, Harvard Law School * Cynthia Giles has researched and written the most revealing, insightful, and to me utterly surprising book on the crafting of environmental law, examining how years went by without anyone noticing that important air regulations were ineffective due to poor design. But she also analyzes what did work and how savvy design made all the difference and rid the environment of acid rain. Giles has written the most astute and informative book on the future of environmental policy and regulation. Wish I had had it when I was in office! * William K. Reilly, EPA Administrator, 1989-1993 * This book is a revelation. Giles describes the huge gap between what environmental rules are supposed to accomplish and what happens in real life where non-compliance is rampant. Her key insight is that success on the ground doesn't depend on the compliance culture of the regulated companies: it's the design of the rule that matters. Giles offers a new approach that would build compliance into environmental rules on the front end, making compliance the path of least resistance. Refreshingly sensible and pragmatic without an ideological edge. A must-read for policymakers, regulators, advocates, and regulated businesses interested in how environmental regulation works in practice. * Jody Freeman, Archibald Cox Professor of Law, Harvard Law School * Next Generation Compliance is a must read for anyone who cares about environmental sustainability and the regulatory state. The book is a tour de force, showing that environmental violations are pervasive and offering a blueprint for designing rules with compliance built in. * Daniel E. Ho, William Benjamin Scott and Luna M. Scott Professor of Law, Stanford University * Drawing on her distinguished career in law enforcement and public leadership, Cynthia Giles articulates an important vision for how to design regulation to drive real environmental improvements-offering vital insights for policymakers and the public alike. Anyone who wants to understand how law can protect the planet's future should read this book. * Cary Coglianese, Edward B. Shils Professor of Law, Director, Penn Program on Regulation, University of Pennsylvania * Environmental regulations can be designed to succeed. Giles explains why and shows us how, not in abstract theory, but in real world practice. * Milton Friedman, Distinguished Service Professor in Economics, The University of Chicago * Cynthia Giles, who led the Environmental Protection Agency's enforcement and compliance efforts with great distinction for a record eight years, has written a must-read book for anyone concerned about the gap between a regulation's promise and what the regulated community accomplishes in practice. She argues persuasively that attention to compliance must be a central design feature of any successful regulation, and cannot, as typically has been the case, be a mere afterthought. * Richard L. Revesz, AnBryce Professor of Law and Dean Emeritus, New York University School of Law *

Author Information

Cynthia Giles served as the Assistant Administrator of the U.S. Environmental Protection Agency's Office of Enforcement and Compliance Assurance throughout the Obama Presidency. Previously, she was an Assistant U.S. Attorney, the head of Massachusetts' water protection program, a senior regional official at the EPA, and a Vice President of a New England NGO. More recently, she was the Director of Strategic Initiatives for the University of Chicago Energy & Environment Lab, and a Guest Fellow at Harvard's Environmental and Energy Law Program. She has a BA (Cornell University), JD (University of California at Berkeley), and MPA (Harvard Kennedy School of Government).

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