The thesis is an attempt to apply the rule of law to pollution control, the aim being to discover whether one form of environmental regulation can be regarded as more constitutionally legitimate than another. The thesis begins with a detailed discussion of the rule of law. In the first chapter, I suggest that the rule of law cannot simply be 'intuitively realised', but rather that the values associated with it must be accounted for through theoretical analysis. Immanent critique is rejected as a theoretical technique in favour of Dworkin's 'constructive interpretation'. The latter approach yields the rule of law values of equity, accountability, efficiency, certainty and effectiveness. Future chapters involve the application of these values to specific modes of pollution control. In chapter two, the 'command-and-control' regulatory systems operated by HMIP, the NRA, local authorities (air pollution control and waste regulation) and water and sewerage companies are analysed in terms of rule of law values - except for accountability which is discussed separately and in much greater depth in chapters 3 to 6. In these four chapters, I begin by examining general accountability mechanisms before exploring accountability for specific decisions such as the setting of ambient standards, the setting of emission/process standards and finally, monitoring and enforcement. Having discussed command-and-control approaches to pollution control, chapter 7 proceeds to examine market mechanisms of environmental regulation in terms of the rule of law values. The values are first applied to pollution taxes and tradeable permits at an abstract level; they are then applied to the existing cost-recovery charging schemes operated by the various regulatory bodies. Finally, in chapter eight I attempt to apply the rule of law values to 'market approaches' to pollution control such as environmental management and audit, green consumerism and investment, government industry contracts and civil liability. The conclusion of the thesis then assesses the success or otherwise of the practical application of the rule of law that has been attempted in previous chapters. It considers whether one can use the rule of law as a benchmark of legitimacy to conclude that one form of pollution control is more constitutionally legitimate than another.

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This thesis investigates the impact of the provisions contained within a specific piece of legislation - the Environmental Protection Act 1990 [EPA] - upon the management of municipal solid waste. The legislation and its impact are considered within the broader context of the Conservative government's privatisation policy during its eighteen year period of office between 1979 and 1997 - and in particular the requirement for local authorities to subject services to compulsory competitive tender. Two sets of data covering the thirty-nine English shire county waste disposal authorities [WDA] are analysed. The first provides a snapshot of local authorities' expectations of the impact of the legislation as it began to be implemented whilst the second, more detailed and comprehensive set, provides cost and other information on an annual basis - covering a seven year period prior to the implementation of the EPA legislation plus five years post-EPA. Annual VEDA unit cost data is derived and trends and patterns identified, together with potential cost drivers. As the analysis progresses the approach focuses more upon using multiple regression techniques in an attempt to derive a predictive model for changes in waste disposal costs. This is then supplemented by the consideration of data envelopment analysis as a tool to be used to search for additional insights into the picture painted by the multiple regression work. The research concludes with a summary of the work done and draws conclusions, together with outlining options for developing and extending the work further.

Thesis (M.S.)--Oregon State University, 2010. / Printout. Includes bibliographical references (leaves 43-45). Also available on the World Wide Web.

The electricity supply industry (ESI) in England and Wales does not operate efficiently, in terms of optimising the balance between benefits of electricity and costs associated with environmental impacts. The optimal situation would be one where such impacts are minimised per unit of electricity service used, notwithstanding cost considerations. However, the present regulatory regime fails to account sufficiently for environmental impacts. Indeed, it cannot do so at present, due to lack of objective, complete and sufficiently accurate information. The main methods currently advocated for valuing environmental impacts are based on the theory of neo-classical environmental economics. These aim to place monetary values on impacts, which can then, in theory, be used to internalise environmental externalities, by applying market mechanisms to correct for the market inefficiency. However, numerous objections have been raised and weaknesses identified, including, principally, the lack of a systematic approach and the inability of the technique to accurately value impacts which are not usually considered in monetary terms. Better regulation starts with better understanding of the issue(s) to be regulated. In this case, it requires appropriate data about values of environmental impacts. While environmental economics is not rejected outright, further improvements are required and, in any event, it must be supplemented by a systematic approach, which encompasses a means of valuing non-economic elements of value. The Environmental Analysis, Valuation and Application (EAVA) Framework proposed here has been designed and developed in order to address these requirements. It also satisfies the need for objectivity, rigour, transparency, versatility, practicality and a step-by-step, sequential procedure for dealing appropriately with environmental impacts. The EAVA Framework encompasses four separate methods which have been developed simultaneously to work together in order to address different areas of the problem. The output analysis method allows the production of a complete inventory of released incidental outputs (RIOs) which arise from the process being studied. The pathway analysis method provides a means of tracing these RIOs through the environment and generating objective data about the resulting environmental changes. The valuation method is where the only necessary subjectivity of valuation is concentrated by accommodating the views of those whose quality of life is damaged by the impacts. The unit of valuation is the "natural" unit of quality of life outcome state (QLOS), and quantification is achieved through use of the QLOS Index. The final method is the application method, where valuation data and information about unknowns or other "gaps" in knowledge or data are utilised in mechanisms to ensure decision making and operation of the process concerned correctly reflects the environmental impacts caused. It should be noted here that procedures exist throughout the EAVA Framework for identifying and quantifying "gaps". The overall result is the EAVA Framework - a single integrated process for regulating environmental impacts, from the point of origin, to the point of applying regulation.