ISO 14000: Legal Advantages of Replacing Command and Control Regulation
Publication: Practice Periodical of Hazardous, Toxic, and Radioactive Waste Management
Volume 1, Issue 3
Abstract
Both environmental law and regulated industries are experiencing dramatic changes. There is a quite revolution occurring. That revolution is about the ascendancy of environmental management systems such as ISO 14001 as an alternative to “command-and-control” environmental regulation. The legal and popular press has written extensively on the legal disadvantages an organization may meet by adopting ISO 14001. Many of these articles express concerns over audit confidentiality, creation of “litigation road maps,” reporting consideration under various environmental statutes, and the potential liability of outside auditors. While it is true that these are legitimate concerns, this article seeks to review some of the positive legal aspects of ISO 14001. ISO 14001 may provide significant legal protections in the following five general areas: (1) insurance, lender, and investor liabilities; (2) contractor and supplier liabilities; (3) regulatory and criminal liabilities; (4) civil liabilities; and (5) trade embargoes.
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References
1.
Cogen, R. (1996). “Proactive companies adopt external reports and enviro-audits.”ISO 14000 News and Views, 1(3).
2.
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3.
Freeman, D. J. (1996). “Legal issues: principal considerations.”The ISO 14000 handbook.
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“ISO 14000—update on IBO of February 15, 1996.” (1996). ISO 14000 News and Views, 1(3).
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Knight, F. C. (1996). “Planning and implementing ISO 14001.”The ISO 14000 handbook.
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“Registrars approach liability issue with caution.” (1996). Envir. Mgmt. Rep., 1(4).
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Reich, D. (1996). “Working meeting to plan merit's ISO 14000 `ISO+' demonstration projects.”Rep., U.S. Envir. Protection Agency (EPA) Region IX.
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Rockland, D. B., and Fletcher, G. L. (1994). “The economy, the environment, and public opinion: most Americans feel we can have both jobs and the environment.”EPA J., (Fall), 39–44.
14.
“State federation highlights value of teamwork.” (1996). ISO 14000 News and Views, 1(2).
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“States, industry weigh in on regulatory relief.” (1996). ISO 14000 News and Views, 1(2).
16.
Stephans, R. D. (1996). “Integration of ISO 14000 environmental management systems into regulatory programs.”
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“Technology & environment; enforcement & compliance.” (1996). ISO 14000 News and Views, 1(3).
Information & Authors
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Copyright
Copyright © 1997 American Society of Civil Engineers.
History
Published online: Jul 1, 1997
Published in print: Jul 1997
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