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Explaining Corporate Environmental Performance: How Does Regulation Matter?

Published online by Cambridge University Press:  01 January 2024

Robert A. Kagan ,
Neil Gunningham  and
Dorothy Thornton
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Abstract

How and to what extent does regulation matter in shaping corporate behavior? How important is it compared to other incentives and mechanisms of social control, and how does it interact with those mechanisms? How might we explain variation in corporate responses to law and other external pressures? This article addresses these questions through an study of environmental performance in 14 pulp and paper manufacturing mills in Australia, New Zealand, British Columbia, and the states of Washington and Georgia in the United States. Over the last three decades, we find tightening regulatory requirements and intensifying political pressures have brought about large improvements and considerable convergence in environmental performance by pulp manufacturers, most of which have gone “beyond compliance” in several ways. But regulation does not account for remaining differences in environmental performance across facilities. Rather, “social license” pressures (particularly from local communities and environmental activists) and corporate environmental management style prod some firms toward better performance compliance than others. At the same time, economic pressures impose limits on “beyond performance” investments. In producing large gains in environmental performance, however, regulation still matters greatly, but less as a system of hierarchically imposed, uniformly enforced rules than as a coordinative mechanism, routinely interacting with market pressures, local and national environmental activists, and the culture of corporate management in generating environmental improvement while narrowing the spread between corporate leaders and laggards.

Type
Papers of General Interest
Information
Law & Society Review , Volume 37 , Issue 1 , March 2003 , pp. 51 - 90
Copyright
© 2003 Law and Society Association.

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Footnotes

The authors are grateful to scores of pulp mill managers, regulatory officials, industry consultants, and environmental activists—all of whom must remain anonymous—for their cooperation and insight. David Sonnenfeld, Kathryn Harrison, Peter May, and anonymous reviewers all gave us valuable advice on earlier drafts. Biyi Abesina provided valuable research assistance. The Center for the Study of Law and Society, University of California, Berkeley, provided space, administrative assistance, and social support for the research project that led to this article, and the Smith Richardson Foundation funded our research.

References

AF&PA (2000) Progress Report: Environmental, Health and Safety Principles Verification Program. Washington, DC: AF&PA.Google Scholar
Aoki, Kazumasu, & Cioffi, John (2000) “Poles Apart: Industrial Waste Management Regulation and Enforcement in the United States and Japan,” in Kagan, Robert A. & Axelrad, Lee, eds., Regulatory Encounters: Multinational Corporations and American Adversarial Legalism. Berkeley, CA: Univ. of California Press.Google Scholar
Aoki, Kazumasu, Kagan, Robert A., & Axelrad, Lee (2000) “Industrial Effluent Control in the United States and Japan,” in Kagan, Robert A. & Axelrad, Lee, eds., Regulatory Encounters: Multinational Corporations and American Adversarial Legalism. Berkeley, CA: Univ. of California Press.Google Scholar
Armstrong, Douglas A., Bentley, Keith A., Galeano, Sergio F., Olszewski, Robert J., Smith, Gail A., & Smith, Jonathan R. (1998) “The Pulp and Paper Industry,” in Richards, Deanna J. & Pearson, Greg, eds., The Ecology and Industry: Sectors and Linkages. Washington, DC: National Academy of Engineering, National Academy Press.Google Scholar
Axelrad, Lee (2000) “Investigation and Remediation of Contaminated Manufacturing Sites in the United States, the United Kingdom, and the Netherlands,” in Kagan, Robert A. & Lee Axelrad, eds., Regulatory Encounters: Multinational Corporations and American Adversarial Legalism. Berkeley, CA: Univ. of California Press.Google Scholar
Ayres, Ian, & Braithwaite, John (1992) Responsive Regulation. New York: Oxford Univ. Press.Google Scholar
Bardach, Eugene, & Kagan, Robert A. (1982) Going by the Book: The Problem of Regulatory Unreasonableness. A Twentieth Century Fund Study. Philadelphia, PA: Temple Univ. Press.Google Scholar
Becker, Gary (1968) “Crime and Punishment: An Economic Approach,” 76 J. of Political Economy 169.CrossRefGoogle Scholar
Braithwaite, John (1985) To Punish or Persuade: Enforcement of Coal Mine Safety. Albany, NY: SUNY Press.Google Scholar
Becker, Gary (1993) “The Nursing Home Industry,” in Tonry, Michael & Reiss, Albert J. Jr., eds., Beyond the Law: Crime in Complex Organizations. Chicago, IL: Univ. of Chicago Press.Google Scholar
Braithwaite, John, & Drahos, Peter (2000) Global Business Regulation. Cambridge/New York: Cambridge Univ. Press.CrossRefGoogle Scholar
Cashore, Benjamin, & Vertinsky, Ilan (2000) “Policy Networks and Firm Behaviours: Governance Systems and Firm Responses to External Demands for Sustainable Forest Management,” 33 Policy Sciences 1–20.CrossRefGoogle Scholar
Coglianese, Cary (2001) “Policies to Promote Systematic Environmental Management,” in Coglianese, Cary & Nash, Jennifer eds., Regulating from the Inside: Can Environmental Management Systems Achieve Policy Goals? Washington, DC: Resources for the Future.Google Scholar
Dwyer, John, Brooks, Richard, & Marco, Alan (2000) “The Air Pollution Permit Process for U.S. and German Automobile Assembly Plants,” in Kagan, Robert A. & Axelrad, Lee eds., Regulatory Encounters: Multinational Corporations and American Adversarial Legalism. Berkeley, CA: Univ. of California Press.Google Scholar
Fuchs, D. A., & Mazmanian, D. A. (1998) “The Greening of Industry: Needs of the Field,” 7 Business Strategy and the Environment 193–203.3.0.CO;2-X>CrossRefGoogle Scholar
Grabosky, Peter, & Braithwaite, John (1986) Of Manners Gentle: Enforcement Strategies of Australian Business Regulatory Agencies. Melbourne: Oxford Univ. Press.Google Scholar
Gunningham, Neil (1987) “Negotiated Non-Compliance: A Case Study of Regulatory Failure,” 9 Law & Policy Q. 69–87.CrossRefGoogle Scholar
Gunningham, Neil, & Grabowsky, Peter (1998) Smart Regulation: Designing Environmental Policy. Oxford: Clarendon Press.Google Scholar
Harrison, Kathryn (1995) “Is Cooperation the Answer? Canadian Environmental Enforcement in Comparative Context,” 14 J. Policy Analysis & Management 221–24.CrossRefGoogle Scholar
Harrison, Kathryn (2002) “Ideas and Environmental Standard-Setting: A Comparative Study of Regulation of the Pulp and Paper Industry,” 15(1) Governance—An International J. of Policy & Administration 65–96.CrossRefGoogle Scholar
Hoffman, Andrew (1997) From Heresy to Dogma: An Institutional History of Corporate Environmentalism. San Francisco, CA: New Lexington Press.Google Scholar
Kagan, Robert A., & Axelrad, Lee (2000) Regulatory Encounters: Multinational Corporations and Adversarial Legalism. Berkeley, CA: Univ. of California Press.Google Scholar
Kagan, Robert, & Scholz, John (1984) “The Criminology of the Corporation and Regulatory Enforcement Styles,” in Hawkins, Keith & Thomas, John, eds., Enforcing Regulation. Boston, MA: Kluwer-Nijhoff.Google Scholar
Kelman, Steven (1981) Regulating America, Regulating Sweden: A Comparative Study of Occupational Safety and Health Policy. Cambridge, MA: MIT Press.Google Scholar
Magat, Wesley, & Viscusi, W. Kip (1990) “Effectiveness of the EPA's Regulatory Enforcement: The Case of Industrial Effluent Standards,” 33 J. Law & Economics 331–60.CrossRefGoogle Scholar
Miller, J. L., & Anderson, A. B. (1986) “Updating the Deterrence Doctrine,” 77 J. of Criminal Law and Criminology 418.CrossRefGoogle Scholar
Morag-Levine, Noga (1994) “Between Choice and Sacrifice: Constructions of Community Consent in Reactive Air Pollution Regulation,” 28 Law & Society Rev. 1035–77.Google Scholar
Norbert-Bohm, Vicki, & Rossi, Mark (1998) “The Power of Incrementalism: Environmental Regulation and Technological Change in Pulp and Paper Bleaching in the US,” 10 Technology Analysis & Strategic Management 225–41.Google Scholar
OECD (2000) Reducing the Risk of Policy Failure: Challenges for Regulatory Compliance, Working Paper Vol. III, No 77. Paris: OECD.Google Scholar
Prakash, Asseem (2000) Greening the Firm: The Politics of Corporate Environmentalism. Cambridge, UK: Cambridge Univ. Press.CrossRefGoogle Scholar
Raizada, R. (1998) Corporate Responses to Government and Environmental Group Actions Designed to Protect the Environment. Ph.D. dissertation, University of British Columbia.Google Scholar
Sabatier, Paul, & Mazmanian, Daniel (1983) Can Regulation Work? The Implementation of the 1972 California Coastline Initiative. New York: Plenum.CrossRefGoogle Scholar
Scholz, John T. (1984) “Cooperation, Deterrence and the Ecology of Regulatory Enforcement,” 18 Law & Society Rev. 601.CrossRefGoogle Scholar
Scruggs, Lyle A. (1999) “Institutions and Environmental Performance in Seventeen Western Democracies,” 29 British J. Political Science 1–31.CrossRefGoogle Scholar
Smart, B., ed. (1992) Beyond Compliance: A New Industry View of the Environment. Washington DC: World Resources Institute.Google Scholar
Sonnenfeld, David A. (1996a) “Greening the Tiger? Social Movements' Influence on Adoption of Environmental Technologies in the Pulp and Paper Industries of Australia, Indonesia, and Thailand,” Unpublished Ph.D. thesis, Department of Sociology, University of California, Santa Cruz.Google Scholar
Sonnenfeld, David A. (1996b) “The Ghost of Wesley Vale: Environmentalists' Influence on Innovation in Australia's Pulp and Paper Industry,” 1 (4) Competition and Change 379–401.CrossRefGoogle Scholar
Sonnenfeld, David A. (1998a) “From Brown to Green? Late Industrialization, Social Conflict, and Adoption of Environmental Technologies in Thailand's Pulp and Paper Industry,” 11 (1) Organization & Environment 59–87.CrossRefGoogle Scholar
Sonnenfeld, David A. (1998b) “Social Movements, Environment, and Technology in Indonesia's Pulp and Paper Industry,” 39 (1) Asia Pacific Viewpoint 95–110.CrossRefGoogle Scholar
Sonnenfeld, David A. (2002) “Social Movements and Ecological Modernization: The Transformation of Pulp and Paper Manufacturing,” 33 (1) Development and Change 1–27.CrossRefGoogle Scholar
Stanley, Elaine (1999) “Available Environmental Data for Deterrence Research,” presentation by EPA Office of Compliance at Forum on Deterrence of Environmental Violations and Environmental Crimes, National Institute of Justice. Washington, DC.Google Scholar
Stigler, George (1970) “The Optimum Enforcement of Laws,” 78 J. of Political Economy 526.CrossRefGoogle Scholar
Verweij, Marco (2000) “Why is the River Rhine Cleaner than the Great Lakes (Despite Looser Regulation),” 34 Law & Society Rev. 1007.CrossRefGoogle Scholar
Walsh, Mary Williams (1992) “Canadian Mill's Quandary: Can It Make Money on Pollution-Free Paper?,” Los Angeles Times, March 8, D-3.Google Scholar
Wilson, Graham (1985) The Politics of Safety and Health. Oxford: Clarendon Press.Google Scholar
Wokutch, Richard E. (1992) Worker Protection, Japanese Style: Occupational Safety and Health in the Auto Industry. Ithaca, NY: ILR Press.Google Scholar
Wokutch, Richard E., & Vansandt, Craig V. (2000) “National Styles of Worker Protection in the United States and Japan: The Case of the Automotive Industry,” 22 Law & Policy Q. 369–84.CrossRefGoogle Scholar