Depiction of the Regulator-Regulated Entity Relationship in the Chemical Industry: Deterrence-Based V. Cooperative Enforcement

47 Pages Posted: 21 Dec 2006

See all articles by Dietrich Earnhart

Dietrich Earnhart

University of Kansas - Department of Economics; Centre for Economic Policy Research (CEPR)

Robert L. Glicksman

George Washington University - Law School

Abstract

For years, scholars and environmental policymakers have conducted a spirited debate about the comparative merits of two different approaches to enforcement of the nation's environmental laws - the coercive (or deterrence-based) and cooperative approaches. Supporters of the coercive model regard the deterrence of violations as the fundamental purpose of environmental enforcement. These supporters also regard the imposition of sanctions, which make it less costly for regulated entities to comply with their regulatory responsibilities and avoid enforcement than to fail to comply and run the risk of enforcement, as the most effective way for inducing regulated entities to comply with their regulatory obligations. Supporters of the cooperative approach to environmental enforcement focus more on compliance than deterrence. The cooperative approach, which emphasizes the provision of compliance assistance and incentives by regulatory agencies, operates on the premise that regulated entities react to a variety of motives that supply sufficient incentives to comply with regulatory obligations even without an overly punitive approach to enforcement. They contend that a coercive approach to enforcement may even be counterproductive if it engenders intransigence and ill will on the part of regulated entities.

Few studies empirically test these competing theories about how best to induce environmental compliance. Our study, which is based on a survey we conducted of chemical manufacturing facilities that are regulated under the federal Clean Water Act, represents an effort to begin addressing the paucity of information on the effects of the two enforcement approaches on environmental compliance and behavior. Our study indicates that, although most of the respondents in our survey describe the relationships they have with their CWA regulators as generally either cooperative or coercive, they also report that some particular aspects of their relationships are more consistent with one enforcement approach, while other aspects are more consistent with the other enforcement approach. Our study calculates and interprets the correlations between all of the various aspects of the regulator-regulated entity relationship, especially the overall type of relationship - coercive versus cooperative. The results reveal only weak correlation between the various measures capturing the relationship between the regulator and the regulated entity. As an alternative means for depicting the weak connection between relationship aspects, we also cross-tabulate the responses to all possible pairs of relationship aspects. This analysis reveals less than complete overlap between the various measures capturing the relationship between the regulator and the regulated entity. We conclude that the relationship between a regulator and a regulated entity consists of multiple dimensions - no single underlying dimension seems to reflect all of the ways in which regulators and regulated entities interact.

The implications of these results for the debate over the impacts of the coercive and cooperative approaches to enforcement on behavior and performance are significant. Relationships between regulators and regulated entities tend to be multifaceted, with different aspects conforming to each of the two enforcement approaches. Environmental scholars and policymakers should recognize the nuanced nature of those relationships if they are to provide the most meaningful contributions to the ongoing debate over the impacts of coercive and cooperative enforcement approaches on the behavior and performance of regulated entities. Our study provides a starting point for delineating the various components of the regulator-regulated entity relationship.

Keywords: environmental law, environmental enforcement, coercive, deterrent, cooperative, Clean Water Act enforcement

Suggested Citation

Earnhart, Dietrich and Glicksman, Robert L., Depiction of the Regulator-Regulated Entity Relationship in the Chemical Industry: Deterrence-Based V. Cooperative Enforcement. William & Mary Environmental Law & Policy Review, Vol. 31, No. 3, May 2007, Available at SSRN: https://ssrn.com/abstract=952778

Dietrich Earnhart

University of Kansas - Department of Economics ( email )

Lawrence, KS 66049
United States
785-864-2866 (Phone)
785-864-5270 (Fax)

Centre for Economic Policy Research (CEPR)

London
United Kingdom

Robert L. Glicksman (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-4641 (Phone)

HOME PAGE: http://www.law.gwu.edu/Faculty/profile.aspx?id=16085

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