TECHNICAL PAPERS
Jul 1, 1997

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.
“Factors in decisions on criminal prosecutions for environmental violations in the context of significant voluntary compliance or disclosure efforts by the violator.” (1991).
3.
Freeman, D. J. (1996). “Legal issues: principal considerations.”The ISO 14000 handbook.
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“Is ISO worth it? (1996). ISO 1400 News and Views, 1(3).
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“ISO 14001: the coming management standards.” (1996). ISO 14000 News and Views, 1(2).
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“ISO 14001: environmental management systems—specification with guidance for use.” (1996).
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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.
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“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).
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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).

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Go to Practice Periodical of Hazardous, Toxic, and Radioactive Waste Management
Practice Periodical of Hazardous, Toxic, and Radioactive Waste Management
Volume 1Issue 3July 1997
Pages: 124 - 126

History

Published online: Jul 1, 1997
Published in print: Jul 1997

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Authors

Affiliations

S. Wayne Rosenbaum
Special Counsel Environmental Law, Higgs, Fletcher & Mack LLP, 200 First Nat. Bank Build., 401 West A St., San Diego, CA 92101; formerly, Prin., Law Offices of S. Wayne Rosenbaum, Carlsbad, CA 92008

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