The Essential Tools of Sustainable Governance Sustainability Governance • Dutch Sustainable development strategy • Sustainable development is about integration, solidarity and participation • It requires a certain mind set and calls upon all stakeholders to work together in integrating social, economic and ecological ambitions in a long term perspective, cognisant of the interest of the people everywhere and future generations. Behavioral Drivers Ethics/Values Regulatory System Economics 1. Clear Goals • Climate, Chesapeake Bay, SO2 reduction • Ontario--coal free by 2014--Ontario Power Authority • Strong science is critical to this process Goals • Dutch Advisory Council for Research on Spatial Planning, Nature and the Environment (RMNO) the independent and multistakeholder group • RMNO looks at the knowledge component of policy development: promoting the use of scientific insights in new policy and channeling questions from policy makers to researchers. 2. Strong, Adaptable Regulation • Emphasize Performance--SO2 versus CWA categorical standards, • Accommodate business cycles (Intel example) • No sector free rides (agriculture and development) • Address new technology (nanotechnology) A Full Range of Enforcement Tools • • • • • Field Citations for small violations Administrative Penalty Authority Civil Judicial Enforcement Citizen Suites Criminal violations 3. Information • Accurate, timely, understandable • Available in ways the public and others can find and use the data • Information regulation (TRI, climate registry) Enviromapper Scorecards 4. Public Engagement • The principal public participation methods used by government agencies (public hearings, public meetings, and notice and comment rulemaking procedure) frequently do not create conditions necessary for effective, or “authentic” public participation • Cheryl Simrell King et al., The Question of Participation: Toward Authentic Public Participation in Public Administration, 58 Pub. Admin. Rev. 317, 317 (1998). Traditional Public Engagement An Engaged Public • Authentic, not just formulaic • Early and regularly • Public dialogue--the Dutch “Polder” consensus model • Community Advisory Panels • Community liaisons Authentic Public Engagement 5. Corporate Social Responsibility • Can’t get to 60-80% reductions--sustainable levels relying only on regulation • Corporate Social Responsibility--much more than just good will • Both economic and legal aspects Key Economic Drivers • • • • • Reputation Access to and cost of materials Access to Markets Customer Demands Investors concerns Key Economic Drivers • • • • • Cost of carbon allowances Insurance and lending Hiring and retaining employees Product differentiation Liability mitigation CSR as a Legal Standard • Contract--supply chain • Tort--standard of care • False of misleading statements legislation Gov’t Support for CSR • The Dutch government facilitates CSR for medium sized and smaller companies from a dedicated platform, called MVONederland (in English: CSR Netherlands), providing tools, assistance, guidance and an arena for exchange of good practice.] Excerpt from Sustainable Development Strategy of the Netherlands Gov’t Social Responsibility • October 5, 2009 Executive Order • Agency Strategic Sustainability Performance Plan • Energy efficiency, renewables, GHG emissions, product acquisition 6. Public Values • A thing is right when it tends to preserve the integrity, stability, and beauty of the biotic community. It is wrong when it tends otherwise.” Aldo Leopold, A Sand County Almanac • Information and education • Gov’t role--Social marketing Social marketing 7. Collaboration • • • • Scale of the problems Cost Limited government resources Mutual interest--sustainable development is a business issue (Obama) • Clean Air Minnesota • Governing by Networks 8. Justice--Equity • Environmental justice will be achieved when everyone enjoys the same degree of protection from environmental and health hazards and equal access to the decisionmaking process to have a healthy environment in which to live, learn, and work Environmental Justice • Fair treatment--EJ considerations in permitting and enforcement • Meaningful involvement-- Consider equity and justice issues in the timing, location, and nature of public engagement processes • Provide resources to assure meaningful involvement--information, technical assistance 9. Integration • Innovation, adaptation, • Strategically deploying regulatory, economic and values-based drivers • Decision processes that help decision makers select the most appropriate tools The Future • Different role for government—still need to be a regulator and enforcer but must also play a key role in influencing economics or values • Different role for the public and NGOs— participation, collaboration and partnerships important • Different role for companies—CSR and partnerships are central, compliance is a given
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