Environmental Enforcement Networks: Their Role in Climate Change Enforcement

Abstract

Climate change regulation, like all forms of regulation, requires allegations of non-compliance to be investigated. Enforcing climate change law and regulations is already sufficiently challenging given a myriad of social, economic and environmental issues. However, climate change regulation is further complicated due to cross-jurisdictional issues, transnational factors and its intersection with traditional and crossover crimes such as fraud and money laundering. It is anticipated that both non-compliant entities and organised criminal enterprises will challenge and frustrate the efforts of government regulators as they attempt to enforce climate change legislation. Therefore climate change regulators have much to learn from the experiences of other enforcement and regulatory agencies that have cooperated and worked collaboratively through various Environmental Enforcement Networks to advance and maximise their enforcement effort. This chapter considers the opportunities for cooperation, it recommends the establishment of a Climate Change Enforcement Network, and provides information for consideration if such a network was established.

Appendix: The Network Evaluation Matrix

Absent criteria
Members	Finances	Governance	Support	Deliverables
N/A	N/A	N/A	N/A	N/A

Emerging criteria
Members	Finances	Governance	Support	Deliverables
Membership Typically low within network’s sphere of influence Restricted to core member agencies or individuals operating within network’s sphere of influence	Budget Nonexistent or modest to initiate/commence the network	Access Member access to foundational and guiding documents No open source access to networks guiding documents	Liaison Limited or no liaison with other networks	Events A few events for members Limited number of members working together on specific projects
Leadership Few individuals/member agencies take lead role across network	Contributions Limited in-kind contributions restricted to core member agencies or individuals	Review Informal review by foundation members	Support base Network effectiveness reliant on core members providing ad hoc coordination	Outcomes Prospective members considering potential of network Limited functionality within network to deliver outcomes
Value Negligible or questionable value to non-core members Core members only active participants with few benefits realised	Project funding Non-existent or minimal	Structures General Aims and Objectives laid down Typically developing and fluid No written procedures	Supporting functions Base level administrative tasks undertaken for network A few key individuals maintain the network	Products Low number of publications disseminated Publication limited to contributions of members

Fragile criteria
Members	Finances	Governance	Support	Deliverables
Membership Generally increasing across significant actors within network sphere of influence	Budget Contributions are spasmodic and are made by small number of sources Not sustainable	Access Central repository of information and communiqués to members Limited open source access to network’s guiding documents	Liaison Emergent and exploratory liaison with other networks undertaken Information sought from other networks	Events Irregular events with increasing frequency Preliminary attempts to undertake cooperative exercises
Leadership Wider range of key individuals/member agencies taking on leadership roles across network	Contributions Few core member agencies/individuals providing in-kind support	Review Regular changing of operating rules, Constitutional documents, etc. to fit circumstances	Support base Growing level of support base Increasing numbers of interested individuals	Outcomes Low level coordination to deliver outcomes Members seeking benefits
Value Tangible benefits available for active members Most members inactive/passive and question value of network Low level communications disseminated to members from core members	Project funding Very limited, if available Sourced from lead member in project team	Structures Guiding documentation developed reactively to situations. Clear Aims and Objects set out for network	Supporting functions Central support function to support membership and administrative tasks only	Products Infrequent publications being developed and disseminated Range of network members contributing to publications

Maturing Criteria
Members	Finances	Governance	Support	Deliverables
Membership Expanded to reach critical/core number of potential members within relevant network area of operation	Budget Sufficient funding for network to continue for short to medium term (2–3 years)	Access Increasing access of members to network steering/guiding documents Open source access to limited network produced documents	Liaison Interest by and liaison with other networks Capacity and capability discussions to identify areas of commonality	Events Held on semi-regular basis Delivered across network Range of events relevant to all members Restricted range of members working conjointly
Leadership Critical mass of individuals/member agencies take on leadership roles Wide range of membership not represented in leadership roles	Contributions In-kind support provided by central member agencies/individuals	Review Third Party review of constitutional documents and guidance considered	Support base Widening support base across network sphere of influence	Outcomes Member agencies receiving identifiable benefits Individuals professionally realise benefits
Value Leading members displaying demonstrable benefits through active participation Level of inactive/passive members reducing Increasing engagement and communication between members	Project funding Project funding—increasing but ad hoc Project leaders are able to source limited funding to support project	Structures Proactive development of guiding documentation with consultation across membership Development of Operation and Strategic Plans to set direction of network	Supporting functions Administrative tasks major part of function Low level of coordination and project capacity	Products Are of useable standard and considered as a step toward better practice across industry Contributions from those outside of network being included

Well Established Criteria
Members	Finances	Governance	Support	Deliverables
Membership Maximum or near maximum of possible members within relevant operation of network coverage	Budget Secured on permanent basis Sustainable arrangements	Access Open and transparent access to network steering papers across membership and support base Foundational and guiding documents available as open source	Liaison Level of support from other networks seen through interaction and joint activities Good working relationships between networks	Events Held regularly and well attended Coordinated centrally for delivery across membership Members readily work collaboratively
Leadership Large proportion of members taking leadership roles across network	Contributions High proportion of members contributing in-kind support to projects, events and initiatives	Review Governance structures reviewed and consistent with better practice Subject to external scrutiny and review	Support base Strong support and contribution base from practitioner and senior management alike	Outcomes Delivering tangible benefits to members Serve as attractor, drawing new members into network Members overtly promoting the benefits of involvement
Value Majority of members realise benefits of membership attained through active participation Open communication across members	Project funding Projects driven by/within network are readily funded Projects undertaken by network bring in associated funding	Structures Robust written governance structures in place Membership well represented on guiding body	Supporting functions Central function for coordinating network activities, project and events Administrative tasks are a minor part of the function	Products High standard and considered better practice across industry Subject to review and improvement process Wide range of contributors to network publications