The New Paradigm: IS0 14000 And Its Place In Regulatory Reform

Under the traditional environmental paradigm, industry, stakeholders, and government impact the environment through production, consumption, and regulation. For more than twenty years, this paradigm has survived more or less unchallenged. Environmental action has followed a typical pattern: industry pollutes, the public clamors, government enacts legislation, and industry expenditures for pollution-control equipment soar. In the 1990's, many groups realize that command-and-control techniques may not be the most effective method of dealing with environmental issues in the new millennium. The need for regulatory reform became apparent in the 1980's after an accident at the Union Carbide plant in Bhopal, India. In addition, the prospects of an integrated European market and increased global trade sparked a need for common standards regarding the production of goods and services, which led to the adoption of the International Standards Organization (ISO) 9000 Quality Standards. These factors, and others, triggered the development of the Environmental Management System (EMS). Over the past decade, country-and industry- specific EMSs were developed. However, the IS0 realized the need for a single, internationally recognized standard that would be workable for any type organization. The goal of this standard is to promote economic competitiveness, remove trade barriers, and promote environmental protection. To this end, the IS0 14000 Standards were developed to provide business with a structure for managing environmental impacts. This article argues that a new paradigm has begun to transcend the old. Protection of the environment if shifting from "government drivers" to "market drivers". This shift means that industry and stakeholders, instead of government, are taking the lead to develop ways to protect the environment. This article also argues that government can use this new paradigm, in a time of declining budgets and regulatory reform, to continue to protect the environment through increased compliance monitoring and rigorous enforcement. Specifically, the IS0 14000 Standards can allow the government to reduce compliance costs, streamline permit and reporting requirements, and provide business with regulatory flexibility. Finally, this article argues that IS0 14000 will be central to the regulatory reform effort, because it can be internally implemented with little need for legislative intervention.