Environmental regulation, enforcement and policing: An international analysis of existing and developing agency practices

Abstract

The range and variety of environmental issues requiring nuanced regulatory and enforcement responses have increased in scope, severity and reach in the Anthropocene. Formal regulation is being increasingly utilised to address a wide range of harms including pollution, trafficking of illegal wildlife and timber, electronic waste, and hazardous waste. Implementation and enforcement of legislation by public agencies is a vital part of this approach however agency practice is a relatively under-examined area. This thesis examined the existing and developing practices of environmental regulatory, enforcement and policing agencies directed towards environmental protection in nine countries across three geopolitical regions, the Antipodes, Europe and North America. Multiple case studies were conducted to obtain a comprehensive a view on practice change within stable governmental areas of relative environmental regulatory maturity. A mixed-method qualitative approach was employed to investigate the practices, and developments in practice of various agencies, including those actively involved with multi-jurisdictional and international environmental enforcement networks. Data was collected using questionnaires and interviews of experienced practitioners, senior managers and high-level officials who were operating across all levels of government. The research established that environmental regulatory agencies are in major transition, their regulatory and enforcement remit is growing, yet occurs within a defined 'regulatory spectrum' comprising of eleven regulatory activities across four component parts: policy planning, preventative operational, responsive operational and governance and performance. Overall, environmental regulatory agencies are attempting to advance their practices, professionalise their roles, and improve their regulatory tools. They are increasingly engaging the services of other regulatory, enforcement, and policing bodies, and are networking and collaborating with one another to value-add to their activities. However, there also appears to be increasing fragmentation of regulatory and enforcement delivery across government and jurisdictions, with agencies in some cases found to be deficient and effectively undermining their own ability to develop effective practices. Environmental agencies appear to be at a crossroads, where they go to from here in terms of their practices will determine how effectively they contribute to the protection of our planet.