Anthem EnviroExperts

Reviewed by Jessica Gordon, Massachusetts Institute for Technology

Given the impacts of climate change, what are the things that private organizations can do to adapt?

by Martina K. Linnenluecke and Andrew Griffiths The Climate Resilient Organization: Adaptation and Resilience to Climate Change and Weather Extremes, Edward Elgar Publishing, 2015, 222 pp

What is a climate resilient organization? Martina K. Linnenluecke and Andrew Griffiths’s call for integrating mitigation, adaptation and resilience recognizes that this will require efforts beyond the organization itself. They assert that “a future key activity will be to create climate change resilient organizations,” which can deal with gradual and extreme changes (v). This begs the question, why is this a future activity and not a present-day one, especially given their lengthy explanation of climate impacts.

The book is divided into two sections, which could have easily been two different books. The first section provides a general overview on climate change impacts and politics. The authors outline the history of international climate policy until 2013 with a particular focus on adaptation and how these international commitments have played out on the national scale. Chapter 2 helpfully presents a short summary of the impacts on the private sector including investment risks, insurance and legal risks.

The second part of the book is more prescriptive and focused on organizational responses to climate change. It includes presenting the impacts of climate change on organizations and challenges to adaptation and resilience. This is primarily focused on private sector organizations. The authors provide an overview of different tools to assist organizations in assessing vulnerabilities and developing adaptation priorities. They also offer a general step-by-step list of activities (drawing on the UK Climate Impacts program) to assess adaptation options, which the authors also suggest using for resilience measures. Short cases studies are scattered throughout and are illustrative of the various ways private sector organizations are tackling climate change but are too cursory to guide decision-making.

Geared toward organizational decision-makers and policymakers, The Climate Resilient Organization is clearly written, nicely summarizes the literature and draws heavily on the Intergovernmental Panel on Climate Change (IPCC) reports. It is a good starting point for those looking for an introduction to climate change and how it might influence their business.

Reviewed by Elise Harrington, Massachusetts Institute of Technology

Maybe the focus of US environmental policy on compliance, abatement and mitigation has been a mistake. 

by Daniel Press American Environmental Policy: The Failures of Compliance, Abatement and Mitigation, Edward Elgar Publishing, 2015, 224 pp

In American Environmental Policy Daniel Press, professor of environmental studies at University of California, Santa Cruz, contests the “widespread acclaim” for US environmental regulation, challenging policymakers and policy analysts to “re-think our objectives for environmental regulation.” Focusing on policy tools and outcomes, Press asks a set of basic, but fundamental, questions: has American environmental policy performed as well as policy in comparable countries? Were the most appropriate policy instruments used and were they implemented correctly? Has environmental regulation transformed patterns of production and consumption?

Press substantiates his argument with previous literature, personal experience as a member of California’s Central Coast Regional Water Quality Board (chapter 4) and descriptive data on US Toxic Release Inventory (chapter 2), emissions factors (chapter 2), SO_x emissions (chapter 3), critical load exceedances (chapter 3), paper recovery rates, and related paper shipping and transport statistics (chapter 5). Each chapter illustrates the complexity of implementing environmental policies and opportunities for policy reform. Key areas of improvement include policies that focus more on environmental and public health outcomes, collecting high-quality information and providing incentives for continual improvement.

Press’s critique identifies the failures of the “compliance-abatement-mitigation” approach to environmental policy that dominates US regulatory design. Press claims that this approach does not radically challenge accepted modes of land-use, energy production, manufacturing, construction or transportation, but rather emphasizes pollutant containment and reductions primarily from serious offenders. Thus, US environmental policy tends to “focus on compliance and technology rather than performance” and does not account for growth in the number of polluting sources for end-of-pipe regulations, fails to link policy outputs to outcomes, and provides insufficient incentives to transform manufacturing and industrial processes. Examining successes and failures across the Clean Water Act and the Clean Air Act, Press abstracts lessons learned from successful examples such as the Acid Rain Program’s real-time emissions monitoring, local experimentation with low impact development and effective marketing for recovered paper manufacturing.

Press recognizes that politics play an important role in environmental policymaking (chapter 6), but aside from citing successful examples of local and state “extended producer responsibility” rules he does not discuss how to overcome resistance to change the status quo, what he terms “political or ideological obstruction.” References to political polarization suggest that future work on regulatory design and policy tools must be linked to studies of environmental politics in order to propose “effective, parsimonious, precautionary and participatory environmental regulations.” Following Press’s discussion of regulatory failure and reform in US environmental policy, readers are positioned to further study the role of technology and information in environmental regulatory design.

Reviewed by Jessica Gordon, Massachusetts Institute of Technology

The emergence of and reactions to environmental litigation in China.

by Rachel Stern Environmental Litigation in China: A Study in Political Ambivalence, Cambridge University Press, 2013, 314 pp.

What happens when tons of industrial waste are dumped in a Chinese river? Rachel Stern’s insightful book Environmental Litigation in China: A Study in Political Ambivalence explores the shifting conditions under which the Chinese legal system is being used to address pollution issues. While the book is written in clear and accessible prose, it complicates common narratives around the Chinese legal system and exposes its many contradictions. The first half of the book provides a nuanced picture of environmental litigation including exploring specific pollution cases with different approaches and outcomes and is fascinating as it reveals the strengths, limitations and creativity within environmental litigation. The second half of the book analyzes the issue from the perspectives of judges, lawyers and NGOs. While the voices of state actors are notably absent, given the limitations of research in China this is understandable. Stern rallies a range of evidence to support her argument.

She demonstrates how actors are reacting to a state that sees the advantages of using the law to control pollution, but also recognizes how the law could undermine the state itself. Stern terms these conflicting state signals political ambivalence and analyzes how they provide space for bottom-up experimentation and incremental change. It is, however, also clear that the legal system alone will not be enough to address the variety of forces that allow pollution to continue.

The book focuses on the Hu period and should be taken as a slice in time. The legal landscape is changing as the new environmental law makes it easier for some groups to sue polluting industries. The first public interest case under the new law in 2016 was successful. Most cases, though, are still not making it to the court. The book would be a great choice for an undergraduate or graduate course on environmental politics. It is also likely to engage anyone interested in the intersection of law and the environment.

Reviewed by Andrea Beck, Massachusetts Institute of Technology

 An edited collection examining the interlinkages between law and sustainable water management

Edited by Michael Kidd, Loretta Feris, Tumai Murombo and Alejandro Iza Water and the Law: Towards Sustainability. The IUCN Academy of Environmental Law Series, Edward Elgar, 2014, 416 pp.

Water resources are increasingly threatened in many parts of the world due to mismanagement, overuse and climate change. To help address the global water crisis, Water and the Law explores the multifaceted connections between legal instruments and sustainable water management. The fifteen chapters of this edited volume are partly the result of a colloquium held in South Africa in 2011 by the IUCN Academy of Environmental Law. They are framed around two central questions: How can law contribute to the sustainability of water itself? And how can legal regulation of water contribute to the sustainability of human life and biodiversity?

To analyze these questions, the book proceeds in three parts. The first focuses on international and transboundary water law. It discusses the evolution of transboundary water cooperation within the international system of state sovereignty, and reviews a number of global and regional instruments for the governance of surface water and groundwater, such as the UN Watercourses Convention, the UNECE Water Convention, the SADC Revised Protocol on Shared Watercourses, and the International Law Commission’s draft articles on the Law of Transboundary Aquifers. The book’s emphasis lies in the second part, which focuses on domestic water governance and integrated water resources management in various national jurisdictions, including Australia, Brazil, Finland, the Netherlands, New Zealand and South Africa. Two final chapters in the third part examine the right of access to water, highlighting issues such as the heterogeneity of the right in developed versus developing countries, water pricing and social justice, and indigenous struggles for water rights.

As stated in the book’s introduction, some of the chapters are reprints of previously published material. Lengthy reiterations of legal documents in several chapters could also be shortened for the benefit of originality and analytical focus. Furthermore, the book’s overall purpose could be even more ambitious, going beyond raising “most of the important questions” and providing “food for thought and further investigation” (p. 9). Nevertheless, the book displays much strength, including the attention devoted to climate change, and the illustration of complex concepts and regimes by means of case studies (for example, from the Nile and the Murray-Darling basins). Taken together, this edited collection thus provides an important resource for better understanding and harnessing the potential of law in achieving sustainable water resources management.

Reviewed by Sudhirendar Sharma

We are all experiencing a kind of homelessness in relation to the places where we live.

By Gerard Kuperus Ecopolitical Homelessness: Defining Place in an Unsettled World, Routledge, 2016, 188pp.

With increasing mobility and the growing homogeneity of living spaces, the idea that ‘home is where the heart is’ may be losing its meaning. With the same corporations not only invading but in many cases constituting the public space in which we live, traditional notions of ‘home’ are being suppressed. We now seem to favor a false home that makes us think we know who we are. In fact, it is more likely that we are utterly lost. The universal marketplaces, automated teller machines and coffee shop chains provide a false sense of home and a fanciful identity. Conversely, we are experiencing a kind of ‘homelessness’ that does not reflect who we are in relation to the places we live. At a philosophical level, we face a crisis: core values of community are eroding and, as a result, we have nothing to hold on to. Instead, we hang on to what celebrities are wearing, the cars our neighbors drive and the brand of mobile phone our friends carry. We have lost our sense of our unique selves.

Drawing on Nietzsche’s philosophy to diagnose this unique form of ‘homelessness,’ Gerard Kuperus argues that a lack of any real grounding in the places where we live is unsustainable and dangerous. Development has turned a majority of humans into nomads, desperately trying to solidify and commercialize the places around them. This nomadism focuses on transformation of the places that we move to and from, but not on transformation of ourselves. This is the crisis of our times: we create homes by immunizing ‘ourselves’ against ‘the other,’ both human and environmental.

Gerard Kuperus, a professor of environment philosophy at the University of San Francisco, proposes an eco-politics that calls for a very different interaction between humans and nature. At the interface, he argues, humans and nonhumans need to coexist by reacting more carefully to each other. Within this interface we must recover a sense of home rooted in homelessness. Esoteric as this may sound, his proposition is distinctly practical. Drawing on the work of Heidegger, Deleuze and Guattari, Kuperus argues for a fundamental shift in human–ecosystem relationships. We are losing ecosystems at an alarming rate; restoration efforts do not match the pace of loss. Perhaps the shift Kuperus advocates means that we ought to restore or recreate forests in which people are able to live. Only by blurring the boundaries of what we call ‘home’ can we integrate the ‘other’ into it.

Loaded with philosophical insights, Kuperus offers a wake-up call. He urges us to think differently about ourselves, our relationship to other people and our connections to the places around us. His book encourages us to let go of prevailing notions of household and rethink our interactions with strangers. The challenge, he suggests, is to find ourselves in the wild and the wild in ourselves. After all, as Nietzsche observed, man is but a bridge and not an end.