|
Public Access
to Information Links
Some
links on this page lead to a file in pdf format. Please download
Acrobat Reader to view these files.
On this page,
you will find an extensive collection of links relating to public
access to information. The links include materials to understand how
public access can improve environmental compliance and enforcement;
statutes, articles, links to additional web sites, and other resources;
and models for assuring public involvement in environmental information,
justice, and enforcement and an analysis of lessons learned.
Navigation:
Networking - Public
Involvement - Principles - Legislative
Authority - Citizen Enforcement - Role
of Public - Articles - Top
I.
Networking
Navigation:
Networking - Public
Involvement - Principles - Legislative
Authority - Citizen Enforcement - Role
of Public - Articles - Top
II.
Overview of Benefits of Public Involvement
| A.
Access to Information |
| Allowing
the public to have access to information will improve corporations’
compliance with environmental laws, empower the public to take
action, and will provide support for management. For more information
on this topic, please see the links. |
| OMB
Watch |
| Center
for Public Data Access (Organization designed to increase
civic participation, improve public access to government information,
and strengthen government accountability.) |
| B.
Access to Justice |
| Improving
the public’s access to justice will enable the public to hold
corporations accountable through the legal process, reimburse
the public for their damages, and strengthen citizen enforcement
provisions. For more information on the topic, please see the
links. |
| ELI/INECE/EPA
document on right to sue |
| C.
Public Participation |
| Improving
public participation will strengthen the monitoring of corporations
and aid in achieving compliance with environmental laws. For
more information on the topic, please see the links. |
| Jendroska,
J., “UN ECE Convention on Access to Information, Public Participation
in Decision-Making and Access to Justice in Environmental Matter:
Toward More Effective Public Involvement in Monitoring Compliance
and Enforcement in Europe,” INECE Conf. 5, Vol. 1, 153-160.
http://www.inece.org/5thvol1/jendroska.pdf
|
| Other
Resources |
|
International Association for
Impact Assessment |
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III.
Principles, guidelines, and mandates
| This
section provides links to international and regional principles,
guidelines, and mandates that govern public access to information,
justice, and public participation. |
| A.
International |
| Agenda
21 |
| Principle
10 of Rio Declaration |
|
Environmental
issues are best handled with the participation of all concerned
citizens, at the relevant level. At the national level, each
individual shall have appropriate access to information concerning
the environment that is held by public authorities, including
information on hazardous materials and activities in their
communities, and the opportunity to participate in decision-making
processes. States shall facilitate and encourage public awareness
and participation by making information widely available.
Effective access to judicial and administrative proceedings,
including redress and remedy, shall be provided.
|
| The
Access Initiative The Access Initiative (TAI) is a global
coalition of public interest groups collaborating to promote
national-level implementation of commitments to access to information,
participation, and justice in environmental decision-making. |
| B.
Regional Instruments |
| Aarhus
Convention (pdf) |
| Inter-American
Strategy for the Promotion of Public Participation in Decision
Making for Sustainable Development |
| Regional
Opportunities for Improving Environmental Governance Through
Access to Information, Public Participation, and Access to
Justice (2000) also available in French |
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IV.
Legislative Authority/Requirements
| This
section provides information on national authorities that govern
public access to information, justice, and public participation. |
| A.
General |
| ELI,
“Getting from Here to There.” |
| ELI,
“Information Access Mechanisms: Collecting and Disseminating
the Information Necessary for Environmental Protection,” June,
1993. |
| Ralph
Hallo, “Public Access to Environmental Information,” May 1997 |
| B.
Model Examples |
| Aarhus
Convention |
| C.
Country Law Links (country-specific statutes that give
rights and that require disclosure) |
| Link
List to Public Access to Information Laws in Australia,
Canada, Hong Kong, Germany, Ireland, France, The Netherlands,
South Africa, Russia |
| Freedom
of Information (FOI) Law List in Scandinavia, other European
countries and English Speaking countries. |
| Europe |
| United Kingdom, The
Environmental Information Regulations (Statutory Instrument
1992 No. 3240) |
| United Kingdom, Freedom
of Information Act (2000) |
| United
Kingdom, Department
for Environment Food and Rural Affairs: Public Access to Environmental
Information |
| D.
Other Resources |
|
EIA: ELI, “Environmental Impact Assessment and Public Participation
in the Context of Central European Environmental Decision-making:
Report of an International Roundtable Discussion,” April 1992. |
| EIA:
OECD
Pollutant Release and Transfer Registers (PRTR) |
| EIA:
Walker, M., Marvin, T., “The U.S. Experience with the
Toxics Release Inventory: An Important Tool to Identify Potential
Risks to the Public and to Protect Environmental Health,” INECE
Conf. 5, Vol. 2, 83-116. http://www.inece.org/5thvol2/walker%20&%20marvin.pdf
|
| Scorecards:
Environmental
Defense |
| Scorecards:USEPA
TRI |
| Scorecards:
CEC:
Taking Stock |
| Scorecards:
OECD |
| Scorecards:
National
Pollutant Release Inventory (Canada) |
| Scorecards:
Right
to Know (Czech Republic) |
| E.
Information access/disclosure programs |
| This
section provides information on programs and organizations that
allow the public to have access to information and on relevant
articles. For more information on the topic, please see the
links. In addition, please cross reference section
V and section VI for related information. |
| EPA
FOIA Office - The Freedom of Information Act, enacted
in 1966, generally provides that any person has a right, enforceable
in court, to obtain access to federal agency records. |
| Environmental
Law Institute |
| OMB
Watch |
| Silicon
Valley Toxics Coalition |
| World
Resources Institute (WRI) |
|
Right-to-Know
Network The Right-to-Know Network provides free access
to numerous databases, text files, and conferences on the environment,
housing, and sustainable development. With the information available
on RTK NET, you can identify specific factories and their environmental
effects; analyze reinvestment by banks in their communities;
and assess people and communities affected. It is funded by
various government agencies and foundations. |
| Sector
Facility Indexing Project |
| Discharge
Monitoring Reports |
| Facility
Registry System The Facility Registry System (FRS) is
a centrally managed database that identifies facilities, sites
or places subject to environmental regulations or of environmental
interest. |
Navigation:
Networking - Public
Involvement - Principles - Legislative
Authority - Citizen Enforcement - Role
of Public - Articles - Top
| V.
Citizen Enforcement |
| This
section provides information on the role of citizens in environmental
enforcement and provide links to organizations that are assisting
in citizen enforcement. This section also includes links to
relevant articles. |
| A.
General |
| Eco-Watch
|
| Bounty
programs |
| B.
North America |
| Silicon
Valley Toxics Coalition |
| Communities
for a Better Environment - |
| The False Claims Legal Center Taxpayers
Against Fraud, The False Claims Act Legal Center (TAF) is a
nonprofit, public interest organization dedicated to combating
fraud against the Federal Government through the promotion and
use of the Federal False Claims Act and its qui tam provisions.
Qui tam is a mechanism in the law that allows persons with evidence
of fraud against federal programs or contracts to sue the wrongdoer
on behalf of the Government. |
| Breggin,
L., van Heuvelen, R., “Citizen Participation in US Environmental
Enforcement,” INECE Conf. 2, Vol. 1, 573-587. http://www.inece.org/2ndvol1/vheuvele.htm |
| Toxics
Watch Society of Alberta |
| C.
Asia |
Navigation:
Networking - Public
Involvement - Principles - Legislative
Authority - Citizen Enforcement - Role
of Public - Articles - Top
| VI.
Public role in compliance, monitoring,
and inspection |
| This
section provides links to analysis and organizations emphasizing
public participation in monitoring and inspection to ensure
compliance with environmental laws. |
| A.
United States NGOs |
| Riverkeepers
|
| 1-800-CLEANUP
(This Directory service allows someone to enter his ZIP code
and then provides phone numbers and web site links to the appropriate
state and local environmental agencies.) |
| Texas
Natural Resource Conservation Commission Hotline (This site
allows citizens to report air and water pollution, drinking
water problems, contaminated land, fish kills, illegal dumping,
etc.) |
| US
Department of Justice Hotline (This hotline allows citizens
to contact the Chesapeake Bay Environmental Enforcement Coalition,
which is comprised of federal, state, and local agencies, to
inform them of pollution in the Chesapeake area.) – 1-800-377-5879 |
|
Frogwatch (Frogwatch uses citizen-collected data to assist
in creating a national database of frog populations.) |
| Audubon
Naturalist Volunteer Opportunities (This site provides tasks
for interested volunteers.) |
|
Alliance
for the Chesapeake Bay Citizen Monitoring Project (Volunteers
for this program collect weekly water quality samples from streams
and rivers that flow to the Chesapeake Bay.) – |
| Scorecards
(This is a link to an information service provided by Environmental
Defense.) - www.scorecard.org/ |
| B.
Analysis |
| Irwin,
F., M.F. Rapko, “From Public Disclosure to Public Accountability:
What Impact Will it Have on Compliance,” Conf. 2, Vol. 1, 589-603.
http://www.inece.org/2ndvol1/irwin.htm
|
| ELI,
“Public Participation in Environmental Regulation,” Jan. 1991. |
| Stanley,
E.G., Teplitzky, A.L., “Public Access to Compliance Monitoring
and Enforcement Data: A Look at the Sector Facility Indexing
Project and Other Agency Initiatives,” INECE Conf. 5, Vol. 1,
179-192. http://www.inece.org/5thvol1/stanley.pdf
|
| Keough,
P., “Use of Public Disclosure in Environmental Protection Programs
to Enhance Compliance and Change Behavior in the United States,”
INECE Conf. 2, Vol.1, 611-616. http://www.inece.org/2ndvol1/keough.htm
|
| Popov,
E., “Public Disclosure and Citizens’ Role in Enforcement,” Conf.
2, Vol. 2, 163-167. http://www.inece.org/2ndvol2/POPOV2.html |
| Keough,
P.G., “Changing Environmental Behavior in the United States
Through the Use of Public Disclosure of Information,” INECE
Conf. 3, Vol. 1, 285-292. http://www.inece.org/3rdvol1/pdf/keough2.pdf
|
| Saldanha,
M.F., “People’s Initiatives and Judicial Activism as a Catalyst
of Institutional Reform,” INECE Conf. 5, Vol. 1, 13-20. http://www.inece.org/5thvol1/saldanha.pdf
|
| van
Dijk, J., “Public Influence on the Supervision and Enforcement
of Environmental Law in the Netherlands,” INECE Conf. 5, Vol.
1, 193-202. http://www.inece.org/5thvol1/vandijk.pdf
|
| Sophy,
M., Dararath, Y., “Public Participation and Environmental Compliance
and Enforcement in Cambodia,” INECE Conf. 5, Vol. 2, 79-82.
http://www.inece.org/5thvol2/sophy%20&%20dararath.pdf
|
| Andrews,
A., “South Africa: Case Study on Citizen Participation in Setting
and Monitoring Environmental Standards (Capricorn Park/A Science
Park in Cape Town),” INECE Conf. 5, Vol. 2, 155-162. http://www.inece.org/5thvol2/andrews.pdf
|
| Karanja,
M.N., “Good Governance and Community Participation as Tools
to Make Environmental Enforcement and Compliance Happen,” INECE
Conf. 5, Vol. 1, 161-168. http://www.inece.org/5thvol1/karanja.pdf |
| C. Compliance
promotion |
| This
section provides links to organizations and mechanisms that
promote corporate compliance with environmental goals, with
an emphasis on providing information. |
| Environmental
Media Services |
| ISO
14000 Information Center |
| D.
Challenges with citizen enforcement and compliance |
| This
section describes possible repercussions that a citizen may
face when participating in citizen enforcement of environmental
laws. |
| SLAPP
suits -
GATT |
| E.
Public-Private Partnerships |
| This
section provides links to private organizations that are working
with or are funding by governments to provide public access
to information, justice, and public participation. It also
provides links to relevant articles. |
| Case
Studies in Corporate Environmentalism- http://www.cutter.com/envibusi/reports/casestud.htm
|
| Cowan,
John, Perya Short, and Martin O’Neill, “Innovative Public Private
Partnerships for a People Centered Approach to Sustainable Development”.
http://ese.colorado.edu/Images/Copy%20of%20images/Cowanpaper.PDF |
Navigation:
Networking - Public
Involvement - Principles - Legislative
Authority - Citizen Enforcement - Role
of Public - Articles - Top
| VII.
Selected Articles |
| Stanley,
E.G., Teplitzky, AL, “Public Access to Compliance Monitoring
and Enforcement Data: A Look at the Sector Facility Indexing
Project and Other Agency Initiatives,” INECE Conf. 5, Vol. 1,
179-192. http://www.inece.org/5thvol1/stanley.pdf |
| de
Baere, R., “Free Access to Information and the Licensing Procedures
for Industrial Plants: The Flemish and Belgian Situation,” INECE
Conf. 2, Vol. 1, 605-609. http://www.inece.org/2ndvol1/debaere.htm |
|
Keough, P., “Use of Public Disclosure in Environmental Protection
Programs to Enhance Compliance and Change Behavior in the United
States,” INECE Conf. 2, Vol.1, 611-616. http://www.inece.org/2ndvol1/keough.htm
|
|
Ringia, D.W., “Public Access to Environmental Information –
Legal and Practical Problems: A Case Study of Tanzania,” INECE
Conf. 5, Vol. 1, 203-210. http://www.inece.org/5thvol1/ringia.pdf
|
|
ELI, “Transparency and Responsiveness: Building a Participatory
Process for Activities Implemented Jointly Under the Climate
Change Convention,” (1997). http://www.eli.org/pdf/jnt-impl.pdf
|
| Citizen
Enforcement |
|
Bowman, M., Dobbins, J., Roeberts, E., “The Role of Citizens
in Environmental Enforcement,” INECE Conf. 2, Vol. 1, 531-559.
http://www.inece.org/2ndvol1/roberts.htm
|
| Hallo,
R., “Citizens Role in Enforcement: a Spur, a Supplement, and
a Substitute,” INECE Conf. 2, Vol. 2, 561-572. http://www.inece.org/2ndvol1/HALLO.html
|
| Casey-Lefkowitz,
S., Futrell, J.W., Austin, J., Bass, S., “The Evolving Role
of Citizens in Environmental Enforcement,” INECE Conf. 4, Vol.
1, 221-235. http://www.inece.org/4thvol1/futrell.pdf
|
| Sarmiento,
G., “Role of Public Participation in Enforcement,” INECE Conf.
4, Vol. 1, 383-385. http://www.inece.org/4thvol1/sarmient.pdf
|
| ELI,
“The Role of the Citizen in Environmental Enforcement,” Aug.
1992. |
|
Fuhr, M., “Citizens’ Role of Enforcement of Environmental Law
in Europe,” INECE Conf. 2, Vol. 2, 151-157. http://www.inece.org/2ndvol2/FUHR2.html |
|
Popov, E., “Public Disclosure and Citizens’ Role in Enforcement,”
Conf. 2, Vol. 2, 163-167. http://www.inece.org/2ndvol2/POPOV2.html |
|
Brinchuk, M., “The Role of the Russian Public
in Environmental Enforcement,” INECE Conf. 2, Vol. 2, 197-198.
http://www.inece.org/2ndvol2/BRINCHU2.html
|
|
Klatte, E., “Enforcement of EEC Environment
Legislation: the Role of Citizens and Citizens’ Groups,” INECE
Conf. 2, Vol. 2, 231-234. http://www.inece.org/2ndvol2/KLATTE2.html
|
| Sarmiento,
G., “Popular Actions and the Defense of the Environment in Columbia,”
INECE Conf. 3, Vol. 1, 261-264. http://www.inece.org/3rdvol1/pdf/sarm.pdf
|
| Keough,
P.G., “Changing Environmental Behavior in the United States
Through the Use of Public Disclosure of Information,” INECE
Conf. 3, Vol. 1, 285-292. http://www.inece.org/3rdvol1/pdf/keough2.pdf
|
| Navarrete
Lopez, G., “Country Experience in Designing Elements of an Environmental
Enforcement Program – Case of El Salvador,” INECE Conf. 3, Vol.
2, 97-105. http://www.inece.org/3rdvol2/navarett.pdf
|
| Kravchenko,
S., “Environmental Enforcement and Public Advocacy in Ukraine,”
INECE Conf. 4, Vol. 1, 515-520. http://www.inece.org/4thvol1/kravchen.pdf |
|
Saldanha, M.F., “People’s Initiatives and Judicial Activism
as a Catalyst of Institutional Reform,” INECE Conf. 5, Vol.
1, 13-20. http://www.inece.org/5thvol1/saldanha.pdf
|
| Ter-Nikoghosyan,
V., Karamian, N., “Armenian Bottleneck: Building Authorities
and Public Groups Capacities for Environmental Enforcement,”
INECE Conf. 5, Vol. 1, 85-96. http://www.inece.org/5thvol1/ter-nikoghosyan.pdf
|
| Kravchenko,
S., “Citizen’s Environmental Enforcement in Ukraine,” INECE
Conf. 5, Vol. 1, 145-152. http://www.inece.org/5thvol1/kravchenko.pdf |
| Makawa,
E.M., “Experience of the Malawi: Public Role in Enforcement,”
INECE Conf. 5, Vol. 1, 169-178. http://www.inece.org/5thvol1/makaw.pdf
|
| van
Dijk, J., “Public Influence on the Supervision and Enforcement
of Environmental Law in the Netherlands,” INECE Conf. 5, Vol.
1, 193-202. http://www.inece.org/5thvol1/vandijk.pdf |
|
Mischenko, V., Rosenthal, E., “Citizen Environmental Enforcement
in Russia: The First Successful Nation-Wide Case,” INECE Conf.
5, Vol. 1, 419-422. http://www.inece.org/5thvol1/mischenko.pdf
|
| Belbase,
N., “Environmental Compliance and Enforcement through Public
Litigation in the Godvari Area in Nepal,” INECE Conf. 5, Vol.
1, 423- 434. http://www.inece.org/5thvol1/belbase.pdf
|
|
Johnson, J., “Civil Enforcement of Environmental Laws in Australia,”
INECE Conf. 5, Vol. 1, 435-444. http://www.inece.org/5thvol1/johnson.pdf
|
| Sophy,
M., Dararath, Y., “Public Participation and Environmental Compliance
and Enforcement in Cambodia,” INECE Conf. 5, Vol. 2, 79-82.
http://www.inece.org/5thvol2/sophy%20&%20dararath.pdf |
| Odhiambo,
M.O., “Legal and Institutional Constraints to Public Interest
Litigation as a Mechanism for the Enforcement of Environmental
Rights and Duties in Kenya,” INECE Conf. 5, Vol. 2, 265-270.
http://www.inece.org/5thvol2/odhiambo.pdf
|
| Habib,
E., “Public Interest Environmental Litigation: A Tool to Ensure
Compliance and Enforcement,” Conf. 5, Vol. 1, 445-452. http://www.inece.org/5thvol1/habib.pdf
|
|
Bonine, J.E., “Broadening ‘Standing to Sue’ for Citizen Enforcement,”
INECE Conf. 5, Vol. 2, 249-264. http://www.inece.org/5thvol2/bonine.pdf
|
| INECE
Tool Kit, “Tools for Citizen Enforcement of Environmental Law.” |
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