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Volumn 43, Issue 2-3, 1996, Pages 193-211

Evaluation of corporate environmental management approaches: A framework and application

Author keywords

Environmental management; Environmental risks; Survey

Indexed keywords

ECONOMIC AND SOCIAL EFFECTS; ENVIRONMENTAL IMPACT; ENVIRONMENTAL PROTECTION; RISK ASSESSMENT; SUPERVISORY PERSONNEL; SURVEYS; TECHNOLOGY;

EID: 0030173565     PISSN: 09255273     EISSN: None     Source Type: Journal    
DOI: 10.1016/0925-5273(96)00040-0     Document Type: Article
Times cited : (108)

References (26)
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    • Simmons, P. and Cowell, J., 1993. Liability for the environment - lessons from the development of civil liability in europe, in: T. Jackson (ed.). Clean Production Strategies. Lewis Publishers, Boca Raton, FL, pp. 345-364; Vari, A. and Tamas, P. (Eds.), 1993. Environment and Democratic Transition: Policy and Politics in Central and Eastern Europe, Kluwer, Boston, pp. 120-145.
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    • Price, K.S., 1992. What gets measured gets done - the criminalization of technical decision-making. Proc. 47th Ind. Waste Conf. Lewis Publishers, Boca Raton, FL, pp. The penalties resulting from criminal law procedures in the United States against managers of companies with violations of environmental regulations have reached tens of millions of dollars a year. In 1992, for example, penalties of more than $38 million were imposed, not counting the $125 million in fines and more than 37 years in prison sentences levied against those found responsible for the Exxon Valdez incident. As these penalties have grown, however, so too have the debates over their legitimacy. Bartman reflects a widely shared opinion in pointing out that "... the standard for imposing criminal liability on an individual employee or officer and on a corporation for environmental offenses is low, requiring proof only that the employee intended to place a drum of waste where he placed it, not that the employee knew the law was being violated, nor that the waste was regulated." Even an employee's negligent discharge of a nonhazardous pollutant into a waterway can be criminally prosecuted and officers of the corporation can be held liable for employee error. Richard Harris, President of KPMG Environmental Services, concluded after the Bata Industries case was decided in Canada that "the public has become less tolerant of environmental misdeeds, and regulators . . . are increasingly looking for ways to make examples of corporate polluters." Considering these circumstances, Harris concluded that managers had only one option and that was to protect themselves against environmental risks. "Company owners, directors and managers need to show that they have exercised all reasonable care to prevent any environmental problem from occurring." He argued that every company will have to establish a system of environmental management that provides the documentation needed to defend the company's executives against government prosecution. See T.R. Barthman, Dodging Bullets. Fortnightly, Vol. 131, Issue 18 (October 1993): 21-25, quote at p. 21, and Richard Harris, ignoring the Environment is Bad for Business. Canadian Manager, Fall 1993, quote at p. 21.
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    • October quote at p. 21
    • Price, K.S., 1992. What gets measured gets done - the criminalization of technical decision-making. Proc. 47th Ind. Waste Conf. Lewis Publishers, Boca Raton, FL, pp. The penalties resulting from criminal law procedures in the United States against managers of companies with violations of environmental regulations have reached tens of millions of dollars a year. In 1992, for example, penalties of more than $38 million were imposed, not counting the $125 million in fines and more than 37 years in prison sentences levied against those found responsible for the Exxon Valdez incident. As these penalties have grown, however, so too have the debates over their legitimacy. Bartman reflects a widely shared opinion in pointing out that "... the standard for imposing criminal liability on an individual employee or officer and on a corporation for environmental offenses is low, requiring proof only that the employee intended to place a drum of waste where he placed it, not that the employee knew the law was being violated, nor that the waste was regulated." Even an employee's negligent discharge of a nonhazardous pollutant into a waterway can be criminally prosecuted and officers of the corporation can be held liable for employee error. Richard Harris, President of KPMG Environmental Services, concluded after the Bata Industries case was decided in Canada that "the public has become less tolerant of environmental misdeeds, and regulators . . . are increasingly looking for ways to make examples of corporate polluters." Considering these circumstances, Harris concluded that managers had only one option and that was to protect themselves against environmental risks. "Company owners, directors and managers need to show that they have exercised all reasonable care to prevent any environmental problem from occurring." He argued that every company will have to establish a system of environmental management that provides the documentation needed to defend the company's executives against government prosecution. See T.R. Barthman, Dodging Bullets. Fortnightly, Vol. 131, Issue 18 (October 1993): 21-25, quote at p. 21, and Richard Harris, ignoring the Environment is Bad for Business. Canadian Manager, Fall 1993, quote at p. 21.
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    • Price, K.S., 1992. What gets measured gets done - the criminalization of technical decision-making. Proc. 47th Ind. Waste Conf. Lewis Publishers, Boca Raton, FL, pp. The penalties resulting from criminal law procedures in the United States against managers of companies with violations of environmental regulations have reached tens of millions of dollars a year. In 1992, for example, penalties of more than $38 million were imposed, not counting the $125 million in fines and more than 37 years in prison sentences levied against those found responsible for the Exxon Valdez incident. As these penalties have grown, however, so too have the debates over their legitimacy. Bartman reflects a widely shared opinion in pointing out that "... the standard for imposing criminal liability on an individual employee or officer and on a corporation for environmental offenses is low, requiring proof only that the employee intended to place a drum of waste where he placed it, not that the employee knew the law was being violated, nor that the waste was regulated." Even an employee's negligent discharge of a nonhazardous pollutant into a waterway can be criminally prosecuted and officers of the corporation can be held liable for employee error. Richard Harris, President of KPMG Environmental Services, concluded after the Bata Industries case was decided in Canada that "the public has become less tolerant of environmental misdeeds, and regulators . . . are increasingly looking for ways to make examples of corporate polluters." Considering these circumstances, Harris concluded that managers had only one option and that was to protect themselves against environmental risks. "Company owners, directors and managers need to show that they have exercised all reasonable care to prevent any environmental problem from occurring." He argued that every company will have to establish a system of environmental management that provides the documentation needed to defend the company's executives against government prosecution. See T.R. Barthman, Dodging Bullets. Fortnightly, Vol. 131, Issue 18 (October 1993): 21-25, quote at p. 21, and Richard Harris, ignoring the Environment is Bad for Business. Canadian Manager, Fall 1993, quote at p. 21.
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    • The case of Bata Industries in Canada generated a strong public debate in 1993 over the environmental responsibilities of senior management. At one extreme, some lawyers argued that company directors should become totally proficient in all matters relating to Ontario regulations on air and water standards. Others countered that in order to comply with Canadian law every director would have to have a strong science background to understand the environmental implications of the company's operations. Still others asserted that directors should personally review for accuracy and completeness the environmental audits routinely conducted for Canadian corporations. Although these obligations have never been formally imposed on directors, either before or after the Bata case, the courts demanded that directors "understand what due diligence means and establish policies and systems to ensure the corporation remains in compliance with environmental laws." (See E. Rovet, Making Sense of Due Diligence. CA Magazine, Vol. 126, Issue 9 (October 1993): 55-57, quote at p. 55.
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    • In the United States, "to attain a high level of environmental compliance (recognizing that the breadth and complexity of environmental compliance requirements make 100% compliance unattainable for most utility and industrial companies), their [companies'] efforts must proceed beyond what is specifically required," one legal expert argues. See Barthman, "Dodging Bullets," quote at p. 22.
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    • note
    • The stereotype of managers from third world or formerly communist countries as being oblivious to or unconcerned about the dangers of environmental degradation arises from the belief that the government and the private sector continue to avoid the costs of environmental protection and cleanup. Although Hungary's economy is just emerging from a long period of stagnation and its GNP per capita ranks only 52 among the 173 countries for which the United Nations Development Program provides comparative economic statistics, its human development index (the combination of GNP per capita, adult literacy rate, average number of years spent in school and life expectancy at birth) ranks 28, higher than some Western European countries. Because education levels and environmental awareness are correlated, the concern for a clean environment should be relatively high in a country like Hungary. Given Hungary's human development index and its desire to become a member of the European Economic Community, its corporate executives should be willing to adopt higher environmental standards as quickly as possible.
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* 이 정보는 Elsevier사의 SCOPUS DB에서 KISTI가 분석하여 추출한 것입니다.