資訊時代下的環境保護

The Development of Environmental Protection in Information Age--Using information as a regulatory tool in U.S. and the trend in Taiwan

Information issues are central to the challenge of environmental protection. The technological advances of the information age offer the opportunity to promote environmental protection more data-driven and analytically rigorous.On the other hand, the conventional approaches such as command-and-control have been criticized and required to be reformed.

Therefore, people would like to use the alternative method-Information Regulation (IR)-which can correct those defects of existing legal system and also provide more efficiency and certainty to achieve environmental protection.For the agency perspective, this approach will achieve the effectiveness and efficiency of enforcement and implementation.

On the industry side, there will be incentives for facilities to cooperate with the agency voluntarily. For the public aspect, people can have access to the database to help make informed decisions and to oversee the industry performance.However, the primary questions should be of what information will enhance the understanding of the risk the public face, how much the information needs to be released, and to whom must be directly addressed.

Environmental regulation in U.S. has shifted substantially from traditional direct regulatory approach, such as the agency’s mandatory rules, to the use of varied and more flexible regulatory strategies. Proponent asserts that the information reported by industries can also enhance transparency and accountability of administration, because the data subjects the environmental performance of facilities to a scrutiny of their peers, competitors, consumers, communities, and agencies.

Moreover, about how to make sure the needed information has required quantity and quality and accuracy, advocates have emphasized that the regulation must facilitate and expand the scope and sophistication of performance monitoring and benchmarking, providing additional depth and dimension available to firms themselves and external parties.

Hence, by referring to the U.S. experience, the Taiwanese government should be cautious when establishing the new approach of using information as a tool to achieve triple wins of the agency, the industry, and the public.

Finally, along with the development of using information in many other countries, like in China, India, and Korea, increasing practical experience on informational regulation and perfecting its legal framework, through the comparative approach presented in this paper, will enhance the concept and achieve the environmental protection in the Asia Pacific.