A look at whether corporations should be excused from criminal penalties when they voluntarily disclose environmental crimes that have occurred as a result of their corporate operations.
1,800 words (approx. 7.2 pages), 7 sources, 2006, $ 71.95
Abstract This paper discusses environmentallaw and the issue of whether corporations should be excused from criminal penalties when they voluntarily disclose environmental crimes that have occurred as a result of the corporate operations, noting that the issue is raised in order to determine if it is better to get corporations to admit wrongdoing in order to bring about change and reduce the costs of enforcement or to insist on fines and punishment for the deterrent effect on other corporations.
From the Paper "Should corporations be excused from criminal penalties when they voluntarily disclose environmental crimes that have occurred as a result of the corporate operations? The issue is raised in order to determine if it is better to get corporations to admit wrongdoing in order to bring about change and reduce the costs of enforcement or to insist on fines and punishment for the deterrent effect on other corporations. There are arguments that can be raised in both sides of the issue, some suggesting that society benefits from giving corporations a greater incentive to be open even about criminal behavior and that punishment does not accomplish the benefits desired without adding more costs to the process, and some stating that society benefits only when wrongdoing is punished so that enforcement of the law is even-handed and so further wrongdoing is deterred."
This paper discusses that an integration of all operational policies regarding environmentallaw is necessary to maintain market competition within an organization.
Abstract This paper states that environmental issues are not mutually exclusive to private entities that try to maximize profits and that there is the common misconception that the legal environment for businesses or business regulations does not coincide with environmentallaw. The paper's analysis of the simulation shows that business regulation especially in industries that deal with natural resources includes many aspects of environmentallaw, legal ramifications associated with environmental issues, and government regulation and bodies that maintain the laws and balance between productive activity and environmental depletion.
Outline:
Introduction
Major Issues in the Simulation
Ethical Dilemma: Understanding Values and Stakeholders
What Would Legal Counsel Suggest? Current Organizational Suggestions
Risk Analysis Matrix and Ethical Dilemma Revisited
Conclusion
From the Paper "Other noted issues in the case study relate to the fact that Alumina realizes the importance of maintaining a good public image in the community by relying on critical public relations. This becomes an important aspect of business operations in the 21st century as the society is now more 'environmentally conscious' and makes purchases or support businesses that preserve the environment.
"Legal ramifications surrounding environmental issues are also evident from the situation that developed between Bates and Alumina. Bates made the claim that Alumina was responsible for her daughter's leukaemia, the issues surrounding the allegations and the way Alumina's management team dealt with the issue highlight some very important aspects of the regulations and legal issues in the simulation."
Abstract The paper maintains that there can be little doubt that a host of factors determine a nation environmental policy, just as there can be no doubt that a host of factors determine a country environmentallaws. With that in mind and at the risk of appearing simplistic, it may be said that environmental policy is the public posture a government takes on environmental issues as well as the way in which it materially addresses environmental concerns through the allocation of resources and or through the physical regulation of industries.
This paper concludes, after reviewing articles, that biologist Garrett Hardin's concerns about the environmental crisis, commencing in the 1950?s, are plausible.
Abstract This paper explains that Garrett Hardin introduced ethics into the environmental equation in "The Tragedy of the Commons", a collection of essays on population and resources, which generated thought-provoking analyses across a wide range of disciplines, including environmentallaw and politics. The author stresses that Hardin's theories have been debated, if not acknowledged, for over 22 years.The paper comments that history has shown that, overall, humans are more reactive than proactive; it often takes a major experience in one's life to take action.
From the Paper "Joyner has been involved with CCAMLR as well as the evolution of the Antarctic Treaty of 1959 that meets on matters of environment, meteorology, telecommunications and wide-ranging research, and the Protocol on Environmental Protection adopted in 1991 in Madrid as the legal basis for the protection of Antarctica. The Antarctic marine commons, he says, "is the largest and most conspicuous coherent ecosystem on Earth" (145). Interfering with it, by over-fishing krill, for instance, can endanger the entire system. He stresses how states have put aside their differences so mutual agreements could be reached. He cites how opposing sides in the Cold War cooperated in managing the "frozen commons" that included agreeing to inspection schemes and arms control. ?The cases analyzed make it evident that environmental regimes do make a difference,? he concludes."
Abstract This paper argues that ,while environmental treaties are justified in their interference with issues traditionally related to state sovereignty, such interference allows nations to challenge environmental treaties. It explains that this was very clear in the case of the Convention on Climate Change when several nations, such as the United States and China, refused to abide by the treaty, and even more, did not follow its terms even after agreeing to them. The writer points out that one of the most noticeable factors here is that it is mainly the industrialized or developed nations that have the power and strength to openly defy these treaties, while the Third World countries cannot for the simply reason that financial aid is, to some degree, partly dependant upon their national environmentallaws. In this sense, an imbalance develops whereby the developed world has the choice to either reject or accept those treaties, and the Third World largely does not. From an analysis of this imbalance, and after proving it with reference to a number of global environmental treaties, this paper argues that the only solution lies in the creation of an international body for global environmental governance in which nations, regardless of their economic and political status, are equally represented. The aim of such a body would be to ensure respect for environmental treaties, eliminate imbalance,s and respond to one basic truth: the environment is a shared space, and one nation's abuse of it affects the lives of all people across the world. Thus, state sovereignty is an irrelevant issue here, as no nation has sovereignty over the environment.
From the Paper "The concept of national sovereignty has, since the emergence of nation-states, been regarded as sacred. At least, citizens and national governments have regarded their nation's sovereignty as sacred. That attitude was eventually transferred into law. Thereby, international law and treaties currently acknowledge and protect the principle of national sovereignty, conceding to a nation's rights to self determination and to resistance of external interventions in internal or national policies and decision making processes. However, while sovereignty is a popularly acknowledged and jealously protected political principle, sovereignty is not absolute and has its limitations. These limitations are defined by the interests of other nations and the collective welfare of all people and countries. Hence, no nation is absolutely sovereign and no government has the authority to act as it wishes within its national borders, arguing that it is protected by the principle of sovereignty. The simple fact of the matter is that in various international issues, most especially those relating to environmental policies, no country should have absolute sovereignty since, as emphasized by Robert Goodland and Herman Daly, the environment is not national but international or "universal" (1002-1003). Consequently, as relates to the environment, the concept of national sovereignty is a contentious issue."
Abstract This paper examines the history of government reforms in the manufacturing sector and the need to balance capitalism with environmental and labor regulations. It also discusses branches of the government and agencies responsible.
From the Paper "The Industrial Revolution of the nineteenth century brought profound changes to the American landscape. The US population became increasingly urbanized as workers moved from farm to factory and as..."
Abstract This paper explores the case study of Relaxator Pharmaceuticals, a fictional company. Relaxator opened a manufacturing plant on a small river, and after the plant opened there were evident negative repercussions in the environment. The paper shows that two men who made their living off of the land, Farmer Jim and Fisherman Bill, found that the plant reduced the quality of the environment and harmed their livelihoods. However, Relaxator does conform to all Environmental Cleanliness Agency ECA guidelines and thus cannot be proven liable for the damage done to the environment.
From the Paper "The study of environmental law, particularly where one party's actions have directly or indirectly caused harm to another, is challenging. Environmental law tends to focus upon how and why contaminants and pollutants entered into the environment through identifying their source, then seek to see if the party responsible for creating these contaminants and pollutants could have sought to minimize its impact on the environment. If the party or parties that are responsible for contamination and destruction did not take every foreseeable step to minimize the damage, they can be held responsible for the damage they caused. This paper explores the case study of Relaxator Pharmaceuticals, a fictional company. Relaxator opened a manufacturing plant on a small river, and after the plant opened there were evident negative repercussions in the environment."
Abstract This paper explains that the Environmental Protection Agency (EPA) defines environmental justice as the fair treatment for people of all races, cultures and incomes regarding the development of environmentallaws, regulations and policies. The author stresses that the citing of hazardous waste sites and polluting industries in minority communities is an insidious form of environmental racism. The paper examines the landmark study "Toxic Waste and Race in the United States", commissioned by United Church of Christ, which revealed that race was the most significant variable associated with the location of hazardous waste sites.
Table of Contents
Introduction
Procedural Inequity
Geographical Inequity
Social Inequity
From the Paper "The town of Kettleman City is the site of a toxic waste dump built in 1979 by Chem Waste Incorporated. The community is predominately Mexican farm workers. During the public hearing and permitting phase of the project, Chem Waste and county authorities scheduled meetings to be held thirty-five miles away, conducted the proceeding in English only and did not provide translations of the environmental impact survey. The dump, while in operation received 200,000 tons of toxic material annually, resulting in numerous maladies of those unfortunate enough to live nearby."
Abstract This paper examines the environmental justice movement in the United States. The paper explains environmental justice or racism as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmentallaws, regulations, and policies.
Outline
Introduction
Definitions, Beliefs & Concerns
Historical Accounts
Major Players
Resulting Policies and Decisions
Sample Cases
Conclusion
From the Paper "The environmental movement has transmogrified into the environmental justice movement with the help of a creating reading of Title VI of the 1964 Civil rights legislation. A number of legal claims have been directed toward improving environmental qualities in the name of those struggling against environmental racism under Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race or national origin in federally funded programs and activities. The basic argument is this: ?The U.S. Environmental Protection Agency (EPA) provides large amounts of federal funds to state environmental agencies. These state agencies, in turn, are the governmental bodies responsible for much of the nation's environmental policy--the enforcement of pollution standards, the permitting of waste treatment and disposal facilities and industrial polluters, and the citing of those facilities. If the actions of those federally-funded state agencies create a racially discriminatory distribution of pollution, then a violation of Title VI has occurred and a civil rights lawsuit is warranted.? (Fisher, 1995)"
Abstract This paper explains how and why the environmental justice movement, a movement dedicated to ensuring that every group of people, no matter their race, ethnicity, or socioeconomic background will bear a proportionate share of negative environmental consequences, is actually harming the very people it purports to protect. The paper provides information on the origins of the movement, the controversial issue of environmental racism associated with the movement, and examines the arguments on both sides of this issue as well.
From the Paper "Beginning in early 1980s, environmental advocates have been publicizing the fact that environmental hazards at the workplace, in the home, and in the community are often disproportionately visited upon the poor and people of color. The issues of urban blight, and the tendencies of factories to proliferate in specific geographic regions exposed residents of these regions to the effects of factory presence, such as decreased forestation, increased amounts of paved land, and the presence of environmental toxins which the factories produces."
This paper discusses environmental auditing of companies to provide protection against pollution and poisonous gas and the incident at Bhopal and the Union Carbide Plants.
Abstract This paper states that ISO 14001 requires organizations to make three policy commitments of compliance, prevention of pollution, and continual improvement and are required to commit to all laws and regulations. The paper discusses the tragedy when thousands died in 1984 during a highly poisonous gas leak at the Union Carbide pesticide factory in Bhopal, India.
Table of Contents
The Issue
Auditing EMSs for Conformity with ISO 14001
Bhopal Incident
Ten Years after The Bhopal
Rehabilitation
Carbide Corporation
From the Paper "There are several laws that provide for auditing of companies to provide protection against pollution and poisonous gas, such as the disaster at Bhopal. ISO has developed requirements for bodies that offer EMS conformity assessments and registrations. "These documents include ISO 14004, which is an EMS guidance document and three auditing standards: ISO 14010, ISO 14011, and ISO 14012. ISO 14004 advises organizations on how to establish an EMS and design an environmental policy" (NAPA 1). "
Abstract The paper discusses the judicial process as applied to pesticide court cases, which have seemingly not resulted in any significant changes in pesticide law. The paper analyzes how the most consistent feature of the decisions in the court cases was that when harm was caused to a business or the livelihood of farmers, the U.S. Supreme Court generally agreed to hear the case, and found in favor of the plaintiffs against the chemical manufacturers. The paper further discusses that when the case was brought by an individual, and it was a matter of personal injury resulting from incidental contact with the substance in question, the U.S. Supreme Court refused to hear the case, in some cases, a settlement was negotiated. The paper further analyzes a case that succeeded where the suit brought on the basis that the chemical companies were unreasonably withholding information that should be made available to the public.
Table of Contents:
Bates et al v. Dow AgroSciences LLC and Citizen Right to Sue
Precursor Legal Battle: Cipollone v. Liggett Group, Inc.
Three Additional FIFRA Suits
League of Wilderness Defenders v. Forsgren (2002) Raises Timber Issues
Guzman v. Amvac Chemical Corporation Won Workers' Rights
Judicial Process in Two Related Lawsuits
Endangered Species and Pesticides
The Court Refused to Hear a Pesticide Case
Roundup
Discussion
Findings
References
From the Paper "While manufacturers were required to disclose all ingredients to the EPA, even inert ingredient, the EPA "routinely withholds this information from the public because of industry claims that the information is subject to trade secrecy laws. The plaintiffs argued that EPA wrongfully accepted manufacturers' blanket claims of confidentiality without first ascertaining that the inerts in the six pesticide products qualified as trade secrets" (Daily Environment Reporter)."
Abstract There are many environmental groups which have a tremendous effect on the policy of the United States with regards to the environment. This paper explores how three of these groups, the Sierra Club, Environmental Defense, and the National Audubon Society have exerted their power to effect federal governmental policy. The paper gives the background and mission of these organizations as well as some notable accomplishments and further goes on to explore their sources of power in exerting their influence as well as the claims that they have too much undue influence over federal government policy.
Table of Contents:
Abstract
Introduction
Sierra Club
Environmental Defense
National Audubon Society
Influence of Environmental Groups
Conclusion
From the Paper "These are some heavy charges to be levied against the environmental groups and those who the Center for the Defense of Free enterprise feels are in concert with it. One of the reasons this group might feel this way is because groups such as the Sierra Club, Environmental defense, and the national Audubon Society have pushed for years to keep the rainforests from being cut down which hurts the interest of lumber group. They have also pushed for tougher standards for car emissions hurting the interests of car makers, and they have pushed for standards on how companies can dispose of their waste products which often costs companies millions to comply."
Tags: Sierra, Environmental, Defense, National, Audubon, Society
A discussion on ensuring that environmental policies are translated correctly by corporations, in order to combat organizational barriers to policy implementation, as discussed in the article "ISO 14001: A Case of Cultural Myopia" published in the Eco-M
Abstract This paper reviews an article entitled: "ISO 14001: A Case of Cultural Myopia" published in the Eco-Management and Auditing Journal in June, 2000 by John Moxen and Peter A. Strachen and relates that the purpose of the article is to add to the process of evaluation of the efficacy of the ISO 14001 system of environmental management. The paper comments that the system's purpose is for ensuring that environmental policies are translated properly by corporations from the environmental policies into the behaviors of the organization and specifically for combating "organizational barriers to policy implementation." After discussing the situation the paper comments that it is obvious from the review of this journal article that ISO 14001 does not hold great promise for enabling successful and effective environmental management within corporations.
From the Paper "The danger presented by ISO 14001 is that it has the capacity to create additional barriers to effective and creative environmental management strategies and solutions. The systems of hierarchy prescribed in ISO 14001 are very likely to effectuate what Moxen and Strachen term a "role culture" which is a culture that vests much value in tradition and precedents and observation of rules of a formal nature and is a culture that effectively places impassable barriers to creative and innovative strategic environmental management. Moxen and Strachen conclude by stating that "environmental programmes are more likely to be implemented successfully when environmental management systems are organic and support a task-based culture."
Abstract This paper focuses on environmental scanning, a process involving gathering, analyzing and dispensing information for the purpose of formulating strategic moves that will give a company a competitive advantage. The paper provides details on research from an environmental scan conducted for ManTech International that includes the remote, industry and operating environment. The paper also identifies changes that are expected to affect ManTech International. The author suggests how ManTech can benefit from the environmental scan by using the external and internal sources of information received from the environmental analysis to identify challenges and opportunities.
Outline:
Remote, Industry and Operating Environment
SWOT Analysis
Strategic Long Term Objectives
Conclusion
From the Paper "Formulating strategic long term objectives can be achieved through profitability, productivity, Competitive Positioning, Employee Development, Employee Relations, Technological Leadership and Public Responsibility. One of ManTech's long-term objective will involve dominating the defense contractor industry. This strategy falls under the competitive positioning strategy. Currently Lockheed Martin, our competitor holds the dominating status. The status is obtained through greatest revenue. Employee development is the second long-term objective for ManTech. Developing employees through education and training not only provide the employees with chance for higher pay and job security, but it also provides ManTech with greater productivity levels and a decrease in employee turnover."
Tags: case study, strategic planning, environmental scan
