Environmental management systems, regulation and the pulp and paper industry: ISO 14001 in practice

Environmental and Planning Law Journal

Volumn 16, Issue 1, 1999, Pages 5-24

  Gunningham, Neil ^a   Sinclair, Darren ^a  

^a AUSTRALIAN NATIONAL UNIVERSITY   (Australia)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 23944437254     PISSN: 0813300X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (95)

1. R Knit and H Gleckman, ISO 14001: A Missed Opportunity for Sustainable Global Industrial Development (Earthscan Publications, London, 1998), p28.
2. Environmental Quality Management, Summer Edition, 1998.
3. M Thimme Environmental Management: ISO 14001 and EMAS, RECEIL, Voi 5,3 1996, p 267.
4. N Gunningham Environmental Management Systems and Community Participation: Rethinking Chemical Industry Regulation (1998) UCLA Law Review
5. N Gunningham and D Sinclair "New Generation Environmental Policy: Environmental Management Systems and Regulatory Reform (forthcoming 1998), Melbourne University Law Review
6. R Krut and H Gleckman ISO 14001: A Missed Opportunity for Sustainable Global Industrial Development (Earthscan Publications, London, 1998)
7. K E Rodgers "The ISO Environmental Standards Initiative (1996) 5 New York University Environmental Law Journal 181
8. C C Benson "The ISO 14001 International Standards: Moving Beyond Environmental Compliance (1996) 22 North Carolina Journal of International Law and Commercial Regulation 307
9. R A Reiley "The New Paradigm: ISO 14000 and its place in regulatory reform (1997) 22 Journal of Corporation Law 535, and references cited therein.
10. Global Environmental Management Initiative (GEMI), Total Quality Environmental Management (Washington DC, 1992); Quality Environmental Management Sub-Committee, President's Commission on Environmental Quality, Total Quality Management: A Framework for Pollution Prevention (Washington DC, 1993);
11. N Burke, Gaining Organisational Commitments to OH&S by Integrating Safety onto Your Business Plans (1994), Paper presented at the Proactive Occupational Health and Safety Management Conference, Sydney, 9-10 March.
12. T Tibor and I Feldman Implementing ISO 14000: A Practical, Comprehensive Guide to the ISO 14000 Environmental Management Standards (McGraw-Hill, USA, 1997).
13. Global Environmental Management Initiative (GEMI), Total Quality Environmental Management (1992) Washington DC; Quality Environmental Management Sub-Committee, President's Commission on Environmental Quality, Total Quality Management: A Framework for Pollution Prevention (1993) Washington DC;
14. N Burke, Gaining Organisational Commitments to OH&S by Integrating Safety onto Your Business Plans (1994) Paper presented at the Proactive Occupational Health and Safety Management Conference, Sydney, 9-10 March.
15. S A Watson "The Business implications of Implementing ISO 14000" (1996j Autumn, Environmental Quality Management, 51-62.
16. S A Watson "The Business implications of Implementing ISO 14000" (1996) Autumn, Environmental Quality Management, 61.
17. Paul R Kleindorfer "Market-based Environmental Audits and Environmental Risks: Implementing ISO 14000", Paper presented at the Geneva Association Meeting, Geneva, August 28-30, 1996, on file at The Wharton School, University of Pennsylvania.
18. Paul R Kleindorfer, Market-based Environmental Audits and Environmental Risks: Implementing ISO 14000" (1996) Paper presented at the Geneva Association Meeting, Geneva, August 28-30, on file at The Wharton School, University of Pennsylvania.
19. Paul R Kleindorfer, Market-based Environmental Audits and Environmental Risks: Implementing ISO 14000" (1996) Paper presented at the Geneva Association Meeting, Geneva, August 28-30, on file at The Wharton School, University of Pennsylvania. Kleindorfer presents this as a hypothesis for testing, not as a conclusion from empirical research.
20. "Voluntary Measures to Ensure Environmental Compliance: A Review and Analysis of North American Initiatives" (1998) Commission for Environmental Cooperation, Ottawa, Canada, ρ 68.
21. N Roht-Arriaza, "Shifting the Point of Regulation" (1995) 22 Ecology Law Quarterly, 506-507.
22. R Krut and H Gleckman, ISO 14001: A Missed Opportunity for Sustainable Global Industrial Development (Eaithscan Publications, London, 1998), ρ 29
23. M Thimme, "Environmental Management: ISO 14001 and EMAS" (1996), Voi 5,3 RECEIL, 267.
24. This difference becomes much less significant if companies undertake to comply with the specifications laid down in ISO 14010 on environmental auditing, ISO 14011 on auditing procedures, and ISO 14012 on qualification criteria for auditors.
25. M Palomares-Soler and M Thrimme, "Environmental Standards: EMAS and ISO 14001 Compared" (1996) August/September, European Environmental Law Review 24724.
26. As at November 1995, it was still an open issue under EMAS as to exactly what had to be included in the environmental statement.
27. N Roht-Arriaza, "Shifting the Point of Regulation" (1995) 22 Ecology Law Quarterly 506-507.
28. N Roht-Arriaza, "Shifting the Point of Regulation" (1995) 22 Ecology Law Quarterly 506
29. Significantly, the audit requirement under ISO 14001 can be carried out either by the organisation itself or by a qualified third party (although third party audit may be desirable in practice if certification is to be credible to third parties).
30. N Gunningham, "Environmental Auditing: Who audits the auditors?" (1993) 10(4) Environmental Law and Planning Journal.
31. R Krut and H Gleckman, ISO 14001: A Missed Opportunity for Sustainable Global Industrial Development, (Earthscan Publications, London, 1998).
32. "ISO 14001 takes off worldwide", (1998) 287 December, ENDS Report, p 13.
33. "ISO 14001 "half way house: anon, (1998) 283 August, ENDS Report 6.
34. USEPA "Partnerships for Pollution Prevention" (1996) Spring 100-B, USEPA Bulletin 96-101.
35. D Tanner, "Asia's ISO Commitment" (1998) Nov-Dee Vol VIII No 6, Tomorrow 13.
36. D Tanner, "Asia's ISO Commitment" (1998) Nov-Dee Vol VIII No 6, Tomorrow 12.
37. D Tanner, "Asia's ISO Commitment" (1998) Nov-Dee Vol VIII No 6, Tomorrow 12.
38. D Tanner, "Asia's ISO Commitment" (1998) Nov-Dee Vol VIII No 6, Tomorrow 12.
39. D Tanner, "Asia's ISO Commitment" (1998) Nov-Dee Vol VIII No 6, Tomorrow 12.
40. R Krut and H Gleckman, ISO 14001: A Missed Opportunity for Sustainable Global Industrial Development (Earthscan Publications, London, 1998), pp 104-105
41. R Krut and H Gleckman, ISO 14001: A Missed Opportunity for Sustainable Global Industrial Development (Earthscan Publications, London, 1998), pp 105-106.
42. Regional Institute of Environmental Technology ISO 14001 Implementation by World Wide Companies (1998) http://www.riel.irg/research/iso-asian.hlm and "EMS Certifications Still Slow" (1998) June, Environment Business 16.
43. "EMS Certifications Still Slow" (1998) June, Environment Business 16.
44. Regional Institute of Environmental Technology ISO 14001 Implementation by World Wide Companies (1998) http://www.riet.irg/research/iso-asian.htm.
45. "Global Uptake of ISO 14001 doubles in six months" (1998), ENDS Bulletin.
46. Pulp and Paper Manufacturers Federation of Australia, Strategic Directions 1996-1997, Canberra.
47. The Australian pulp and paper industry's relative disinterest in ISO 14001 is paralleled by that of the industry in Europe, which has not been enthusiastic about obtaining registration to either the EMAS standard or ISO 14001. In May 1998, three years after the introduction of EMAS, only about 5 per cent of paper and pulp mills had registered under it: Anon "Paper mills slow to go for EMAS instead of eco-label", ENDS Report 280. According to the Confederation of European Paper Industries "there is great interest in EMAS in the industry, but certification is time-consuming", http://www,anm.com.au/enman.htm.
48. The large majority of respondents referred to the fact that a large proportion of Canadian pulp is exported to European paper mills where ISO 14001 (or its European equivalent, EMAS) has become a standard operating and trading practice for business. A further potential reason alluded to by a number of respondents was the fact that the Canadian industry was "far more visible to the public". By this it was meant that, as a proportion of total domestic economic activity, the Canadian industry is much larger than that in Australia. According to Max Cater, executive director of the New Brunswick Forest Products Association, "the forest industry is our bread and butter - we have to sell our products and the forest products industry is the country's largest industrial employer, which supports about one million direct and indirect jobs throughout Canada" (PIMA's International Papermaker, November 1997). It is therefore much more important in economic terms and consequently receives far more attention from the media and community groups. This is turn has focussed the public's mind on the need to develop a ecologically sustainable industry which, in part, the industry has responded to by implementing ISO 14001.
49. Global Environmental Management: Candid Views of Fortune 500 Companies United States-Asia Environmental Partnerships Program, October 1997,32.
50. Global Environmental Management: Candid Views of Fortune 500 Companies United States-Asia Environmental Partnerships Program, October 1997
51. The experience of the comparable area of green labeling is. There, a number of labeling schemes have produced a series of unverifiable claims, open to multiple interpretations and commonly manipulated and abused, with the result that many consumers have largely abandoned the search for greenproducts.
52. Indeed, some pulp and paper companies have already initiated such efforts at individual sensitive facilities. For example, Amcor's Fairfield mill has participated in a good neighbourhood agreement with local community groups and the Victorian EPA, and the Fletcher Challenge pulp and paper mill in Al bury has an impressive history of community outreach and consultation programs.
53. Recent information from the Australian Bureau of Statistics, for example, indicates that for the majority households, refillable containers and recycled paper were the most common consumer related environmental issues. Beyond these product Issues, attention is focused on localized environmental concerns such as air and water quality that impacted directly on their lives. (Environmental Business "Environmental Concerns Grow" (1999) December January).
54. According to the Confederation of European Paper Industries "there is great interest in EMAS in the industry, but certification is time-consuming" http://www.anm.com.au/enman.htm.
55. http://www.anm.com.au/enman.htm.
56. L J D Speer, "From Command and Control to SelfRegulation: The Role of Environmental Management Systems" (1997) March 5, International Environment Reporter, 227.
57. R Krut and H Gleckman. ISO 14001: A Missed Opportunity for Sustainable Global Industrial Development, (Earthscan Publications, London, 1998)
58. K E Rodgers, "The ISO Environmental Standards Initiative" (1996) 5 New York University Environmental Law Journal 181
59. C C Benson, "The ISO 14001 International Standards: Moving Beyond Environmental Compliance" (1996) 22 North Carolina Journal of International Law and Commercial Regulation 307
60. R A Reiley, "The New Paradigm: ISO 14000 and its place in regulatory reform" (1997) 22 Journal of Corporation Law 535.
61. L J D Speer, "From Command and Control to Self Regulation: The Role of Environmental Management Systems" (1997) March 5, International Environment Reporter 221.
62. N Gunningham and D Sinclair, "New Generation Environmental Policy: Environmental Management Systems and Regulatory Reform" (forthcoming 1998), Melbourne University Law Review.
63. N. Gunningham and D Sinclair "New Generation Environmental Policy: Environmental Management Systems and Regulatory Reform" (forthcoming 1998), Melbourne University Law Review
64. R Krut and H Gleckman ISO 14001: A Missed Opportunity for Sustainable Global Industrial Development (1998) Earthscan Publications, London, ρ 11
65. N Gunningham, "Environmental Management Systems and Community Participation: Rethinking Chemical Industry Regulation" (1998) UCLA Law Review. In the United States the Multi-State Working Group in particular, is seeking to accommodate precisely such concerns into regulatory innovations
66. M Anderson and B Lawrence, "4 States Plan Pilot Projects Promoting ISO 14001" (1997) 12, No 11, Environmental Compliance & Litigation Strategy 4
67. R Krut and H Gleckman, ISO 14001: A Missed Opportunity for Sustainable Global Industrial Development (Earthscan Publications, London, 1998) p22,
68. L J D Speer, "From Command and Control to SelfRegulation: The Role of Environmental Management Systems" March 5, International Environment Reporter 227.
69. For a description and analysis of Victorian and Western Australian approaches to this issue
70. N Gunningham and D Sinclair, "New Generation Environmental Policy: Environmental Management Systems and Regulatory Reform" (forthcoming 1998), Melbourne University Law Review.
71. In Western Australia, for example, components of their best practice licence include: an environmental policy; clearly defined performance objectives; and environmental management manual; an environmental audit plan; anenvironmental improvement plan; and an environmental responsibility chart; and a system of control and verification of environmental actions
72. N Gunningham and D Sinclair, "New Generation Environmental Policy: Environmental Management Systems and Regulatory Reform" (forthcoming 1998), Melbourne University Law Review).
73. We await the results of a series of Pilot Studies in the United States by the Multi-State Working Group on Environmental Management - a coordinated testing program at State level involving ten States which have formed a partnership to gather credible uniform information to held determine whether implementation of EMS actually enabled pilot companies to better meet their legal obligations and achieve their broader environmental performance goals and innovations \
74. M Anderson and B Lawrence, "4 States Plan Pilot Projects Promoting ISO 14001" (1997) 12, No 11, Environmental Compliance & Litigation Strategy 4.
75. N Gunningham, "Environmental Management Systems and Community Participation: Rethinking Chemical Industry Regulation" (1998) UCLA Law Review
76. N Gunningham and D Sinclair, "New Generation Environmental Policy: Environmental Management Systems and Regulatory Reform" (forthcoming 1998), Melbourne University Law Review.
77. How this might be achieved could take a variety of forms, but might include: increasing license fees; increasing penalties and sanctions for non-compliance; decreasing acceptable polluting emission limits; increasing the powers of inspectors; or requiring compulsory audits.
78. I Ayres and J Braithwaite, Responsive Regulation (Oxford University Press, UK, 1992).
79. N Gunningham and R Johnstone, Systems or Sanctions: Regulating Workplace Safety, (Oxford University Press, UK, forthcoming 1999)
80. N Gunningham, "Environmental Management Systems and Community Participation: Rethinking Chemical Industry Regulation" (1998) UCLA Law Review.
81. B C Mank "The Environmental Protection Agency's Project XL and Other Regulatory Reform Initiatives: The Need for Legislative Authorization" (1998) 25(1) Ecology Law Quarterly 1-88;
82. R I Steizor, "Regulatory Reinvention and Project XL: Does the Emperor Have Any Clothes?" (1996) 26(10) Environmental Law Reporter 10527-10537;
83. T E Cabellera, "Project XL: Making It Legal, Making It Work" (1998) 17(2) Stanford Environmental Law Journal 399-458
84. For a description and analysis of Victorian and Western Australian approaches to this issue
85. N Gunningham and D Sinclair, "New Generation Environmental Policy: Environmental Management Systems and Regulatory Reform" (forthcoming 1998), Melbourne University Law Review.
86. D Collins, "Licenses and Economic Instruments" (1998) A paper presented at conference: The New Regulatory Regime (NSW): Regulation, Liability, Incentives, Millennium Hotel, Sydney, May 1998
87. Pollution Control Amendment (Load Based Licensing) Act, 1997 (NSW).
88. D Collins, "Licenses and Economic Instruments" (1998) A paper presented at conference: The New Regulatory Regime (NSW): Regulation, Liability, Incentives, Millennium Hotel, Sydney, May.
89. Although there is some doubt as to whether the size of the fee is an accurate reflection of externalities.
90. H Simon, Economics, Bounded Rationality and the Cognitive Revolution (Edward Elgar, UK, 1992), p34.
91. It is beyond the scope of this article to explore the full range of available policy options or their philosophical underpinnings, but it is important to emphasise that there is a rich diversity of theory and some limited empirical research on these issues. See for example, F Haines, Corporate Regulation (University of Oxford Press, UK, 1997) and references therein.
92. However, the authors, in partnership with the respective environment protection authorities, are about to undertake precisely such a project.
93. For example, this could occur if some companies merely adopt "paper systems" as a means of gaining regulatory flexibility, buying themselves less regulatory scrutiny, but without any commitment to improved environmental performance.
94. N Gunningham, "Environmental Management Systems and Community Participation: Rethinking Chemical Industry Regulation" (1998) UCLA Law Review
95. N Gunningham and D Sinclair, "New Generation Environmental Policy: Environmental Management Systems and Regulatory Reform" (forthcoming 1998), Melbourne University Law Review.