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IMPROVING ENVIRONMENTAL POLICIES USING AN INTEGRATED POLICY MAKING

APPROACH

Presented By:Oluwatobi FayemiHenry Nwachukwu

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OUTLINEIntroductionObjective Of The StudyEnvironmental Policy Compliance and

Enforcement in USEnvironmental Policy Compliance and

Enforcement in NigeriaRecommendationReferencesQuestions

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INTRODUCTION Environmental Pollution?

Source: (a – c) Shell facility spill in Ogoniland, River State, Nigeria.; (d) Ibeno (2013)

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INTRODUCTION

Law, Regulation, Policy and Compliance?

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OBJECTIVE OF THE STUDYReview of case studies on some regions

and environmental policies initiated in comparison with both a developing country (Nigeria) and a developed country (US), with much emphasis towards compliance to the policies under review.

Effort will also be made towards proposing an approach that will integrate all stakeholders in environmental policy making.

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Environmental Policy Compliance and Enforcement in US

Environmental Policies reviewed:EPACross-Compliance Policy

Compliance Enforcement Instruments in the US

Office of Enforcement and Compliance Assurance • Enforcement Objectives

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How do EPA, the states and communities work together to enforce environmental laws and promote compliance?EPA and its regulatory partners perform compliance monitoring activities which includes:

• Conducting investigations,• Overseeing imports and exports of environmental

substances, and• Providing training to federal, state, and tribal

personnel.• Inspection manuals and other guidance provide a

uniform framework for EPA’s compliance monitoring activities.

• Routine Self-Reporting• Citizen Tips and Complaints• Remote sensing

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Enforcement ResponseA prompt enforcement response is more effective in deterring future violations than a long delayed response of greater severity. For most of the environmental programs administered by EPA and the states, a wide range of enforcement options is available:

Informal response Formal administrative enforcement Formal civil/judicial enforcement Criminal enforcement Clean-up enforcement

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Cross Compliance Cross Compliance (CC) is a mechanism for encouraging farmers

to fulfill certain environmental conditions in return for governmental support payments. Introduced to United States (US) agricultural policy in the 80s and included in the Farm Bill 2012. Cross Compliance is seen: (i)As a policy for enforcing environmental objectives (ii)As a way to organize and reward agricultural public good production.

Eligibility can be denied based on:(i) Failure to implement and maintain approved soil

conservation systems on Highly Erodible Land (HEL) (Conservation Compliance)

(ii) The conversion of HEL to crop production without the application of approved soil conservation systems (Sodbuster)

(iii)The production of agricultural commodities on a wetland converted after 1985 or the conversion of a wetland after 1990 (Swamp buster)

According to the Compliance Status Review (CSR), overall compliance is high and the programs received positive assessments because of easy monitoring and customized erosion protection plans.

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Environmental Policy Compliance and Enforcement in Nigeria

Papers Policies/Approaches Examined

Remarks

Making policies work ByEnvironmental Right Action/ Field of the earth Nigeria and oil watch (2012)

National policy on Environment (NPE)Environmental impact assessment degree (E1A) no 86. Of 1992

Experience very poor compliance: Failure of policy makers and

implementing officials to involve local community folks in the policies processes.

In case of EIA, where provisions of involving them are made, poor interpretation and implementation becomes the order of the day

 The history of environmental policy and pollution of water sources in Nigeria By: Joseph Akinkugbe

Common and Control,Market based instruments approach

Acute shortage of government fund

Managerial skills and administrative capacities

Lack of acute monitoring network, transparency, and working legal system

Problems of policy implementation in developing nations: the Nigerian experience By: Taiwo Makinde

Better life programme (BLP) Corruption Lack of continuity in government

policies Inadequate human and material

resourcesThe challenges of effective environment and compliance in Niger delta region of Nigeria By: Zephaniah Osuji

Federal Environmental Protection Agency (FEPA)National Environmental Standards and Regulations Enforcement Agency (NESREA)

The Nigerian state revenue were extracted from taxes and rent largely in the form of oil revenue from foreign companies rather from productive activates. This has hampered greatly the political will of the government to enforce its environmental standards on the oil companies.

Rethinking Environmental law enforcement in Nigeria By: Hakeem Izaiya

United nation convention of the law of the sea

Corruption Poor interpretation of laws Available punishment for non-

compliance.

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RECOMMENDATION

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RESPONSIBILITY The Public

• Distribution of shorty withy information pamphlets, Discharges public radio discussion programs, Citing of neighbor pollution report centers Toll free contact telephone ( enquiries and complaints)

International Maritime Organization (IMO)• Provision of technical support to states that has rectifies any

convention. Monitors compliance

Nigeria maritime administration and safety agency (NIMASA)• Technical development of enforcement agencies• Rectification of relevant conventions

The Oil Industries• Must seek ways to manage its waste in a more proper and

environmental friendly manner like pressurizing the flared gas into LNG

• Strictly adhere to sanitary and regulations

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RESPONSIBILITY

The stakeholders• They should actively proffer practical solutions to the form.

Since these stakeholders have operational interest in the use of the ocean and coastal

• Establishment of land- use regulations that protect certain coastal features and habitats from harmful development.

• Training all relevant individuals and bodies concerned with sustainable marine and land resources management.

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REFERENCES1. Oil Spills: The Deterrent Effects of Monitoring, Enforcement, and Public

Information - See more at: http://www.rff.org/blog/2009/oil-spills-deterrent-effects-monitoring-enforcement-and-public-information#sthash.hSABCVcR.dpuf

2. M.A. Cohen; Water Pollution from Oil Spills Encyclopedia of Energy, Natural Resource, and Environmental Economics; 23 April 2014.

3. http://www.agripulse.com/20101007H_EPA_Strategic_Plan_Targets_Climate_Change_Pesticides.asp

4. http://www3.epa.gov/region09/enforcement/intro.html 5. http://echo.epa.gov/trends/comparative-maps-dashboards/state-

compliance-monitoring-expectations6. Claas Meyer, Bettina Matzdorf, KlausMüller, Christian Schleyer; “Cross

Compliance as payment for public goods? Understanding EU and US agricultural policies” Helmholtz Centre for Environmental Research — UFZ, Permoserstr. Leipzig, Germany. 2014

7. Environmental Right Action/Fields of the earth Nigeria and oil watch Nigeria (2012). Making policies work. Retrieved from http://www.eraction.org/publications/makingpolicieswork.pdf

8. Joseph Akinkugbe (2014). The history of environmental policy and pollution of water sources in Nigeria. Retrieved from http://userpage.fu-berlin.de/ffu/akumwelt/bc2004/download/adelegan_f.pdf

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REFERENCES9. Taiwo Makinde (2005). Problems of policy implementation in developing nations: the Nigerian experience. Retrieved from http://www.krepublishers.com/02-Journals/JSS/JSS-11-0-000-000-2005-Web/JSS-11-1-001-090-2005-Abst-PDF/JSS-11-1-063-069-2005-229-Makinde-T/JSS-11-1-063-069-2005-229-Makinde-T-Full-Text.pdf10. Zephaniah Osuji (2012). The challenges of effective

environmental enforcement and compliance in the Niger delta region of Nigeria. Retrieved from http://www.jsd-africa.com/Jsda/Vol14N6-Fall2012B/PDF/The%20Challenges%20of%20Effective%20Environmental%20Enforcement.Zephy%20Obazee.pdf

11. Hakeem Ijaiya et al (2014). Rethinking environmental law enforcement in Nigeria. Retrieved from file:///C:/Users/etete/Downloads/BLR_2014123011501275%20(1).pdf

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QUESTIONS????