Summary of the Buffet of Ideas 141 SUMMARY OF THE BUFFET OF IDEAS 1 Introduction The Buffet of Ideas concept was launched at the 8 th INECE Conference and was, due to its successful results, also featured at the 9 th Conference, offering delegates the opportunity to propose their own ideas for informal workshops to the plenary and invite other interested delegates to join them to meet in a small group setting over lunch to engage in discussion and propose next steps for INECE. Environmental compliance and enforcement experts participating in the Conference led informal discussions in the following eleven self-identified topic sessions: 2 Multidisciplinary Approaches to Environmental Compliance and Enforcement Global environmental issues require cross-cutting solutions and expert guidance drawing on a wide variety of disciplines, including the physical and biological sciences, law, economics, policy, management and business. It has become increasingly apparent that INECE and other actors engaged in environmental compliance and enforcement problem-solving at the international level will benefit from adopting a more multidisciplinary approach to compliance enforcement and environmental problem-solving. Delegates recommended that INECE develop a concept paper that discusses the advantages and disadvantages of multidisciplinary approaches to international environmental compliance and enforcement. 3 Multilateral Environmental Agreement Synergies There are lessons to be learned from recent institutional linkages and cooperation agreements among and between secretariats of the large multilateral environmental agreements in terms of sharing treaty implementation responsibilities and leveraging resources for shared training, awareness raising and capacity building activities. For example, the secretariats of the Basel, Rotterdam and Stockholm conventions recently merged. Experience gained from initiatives such as Green Customs which provides joint enforcement training on several of the large trade-related MEAs, may be valuable to all enforcement practitioners, especially those working with subregional MEAs. Participants in this discussion suggested that INECE examine existing MEA synergy initiatives to draw lessons learned that can be applied at the subregional level to create synergies and more effectively leverage scarce resources. 4 Private Environmental Enforcement Private enforcement of environmental law refers to legal actions brought by individuals or groups of individuals, often as the result of injury or property
142 Ninth International Conference on Environmental Compliance and Enforcement 2011 damage, to force compliance with environmental law. Opportunities for bringing private enforcement actions vary by country depending on the legal system in place and practitioners would benefit from sharing their experiences in private enforcement. This working group recommended that INECE create an inventory of private enforcement programs and work toward developing a set of good practice. The group agreed to form a small study group, led by Professor Lee Paddock, to begin working on the inventory and good practice and recommended a workshop on this topic for the next INECE conference. 5 Marketing and Branding of INECE With environmental ministry budgets becoming tighter each year, it is becoming increasingly important for INECE to identify ways build the INECE and create more interest in, and support for, compliance and enforcement and improve INECE ability to become more self-funding. Delegates in the Marketing and Branding group recommended that INECE develop a strategic plan, including a business plan and marketing strategy, for the next five years. To inform the plan, INECE should distribute a survey to its members and conference delegates to learn what topics, tools and resources INECE provides that are most valuable. INECE should also contemplate its governance structure and consider what structure would be most ideal for leading the organization during the next five years. Finally, the delegates suggested that regional representation is key to the continued success of the organization and forward planning. 6 Energy and Mines Enforcement Issues The environmental and human health impacts of extractive industries, such as oil and gas extraction and mining, are often severe and large in scale. Effective compliance and enforcement systems are essential to protecting local communities and the global environment from these impacts. Many of the countries that INECE works with, face significant challenges associated with enforcing laws governing extractive industries. The group suggested that INECE consider the specific issue of compliance and enforcement in the energy and mine sectors by offering a workshop on this topic at the next conference. 7 Take-back Procedures for Illegal Shipments Intercepting illegal shipments of environmentally sensitive goods is often only half of the enforcement battle, especially when dealing with large containers of hazardous waste. Determining how to send back the container can be challenging, particularly when documentation is unclear and there is no obvious point of contact in the country of origin. In the hazardous waste context, the Secretariat of the Basel Convention has issued detailed guidance on take-back procedures of illegal shipments of waste. However, the group noted that it would be useful to have additional guidance that is much simpler and accessible to frontline enforcement officers. They recommended that INECE and IMPEL work together to draft such a
Summary of the Buffet of Ideas 143 document and consider supplementing it with a very practical and updated contact list for officers in the field, including customs, seaport police and environmental agents. 8 Cooperation Between Environmental Enforcement Organizations Cooperation between authorities at the domestic level, such as customs, environmental authorities and port police, is essential to an effective enforcement program, particularly when addressing the transboundary movement of environmentally sensitive goods. Using USEPA training materials, the INECE Seaport project, has delivered training for negotiating interministerial environmental enforcement cooperation agreements, including developing a small library of sample MOUs in use in various parts of the world. The group recommended that INECE, World Customs Organization, the Secretariat of the Basel Convention and other relevant organizations consider the possibility of pursuing a joint statement recommending the adoption of interministerial cooperation agreements at the domestic level. The group agreed to draft the statement for the EPC to review. The groups also recommended that INECE and USEPA continue to work together to develop and enhance the MOU negotiation training materials. 9 Global Environmental Prosecutors Network A group of delegates representing the newly launched INECE environmental prosecutors network met during the Buffet of Ideas and discussed their Terms of Reference and other next steps. An executive committee was formed and a time and date for their first conference call was agreed. The group recommended that INECE provide support by: assisting with development of a network website to facilitate information sharing, provide information about potential members, financial support to enable participation in regional training and other capacity building opportunities, and facilitating calls of the executive committee. 10 Enforcement of Environmental Impact Assessment In many countries, environmental impact assessment laws are the only or the most effective laws available for protecting the environment. Therefore, it is essential that INECE make environmental impact assessment a strong focus going forward. The group recommended that INECE partner with IAIA. 11 Establishment of West Africa Network A group of delegates representing the newly launched West Africa Environmental Compliance and Enforcement Network met to discuss next steps for the network, which consists of fifteen West African countries with leadership by Nigeria and Ghana. The group determined that its first meeting will be 1 November 2011 in Nigeria.
144 Ninth International Conference on Environmental Compliance and Enforcement 2011 12 Latin and Central America Network A group of delegates representing the newly launched Latin America Environmental Compliance and Enforcement Network met to discuss next steps for the network. The group determined that its first step will be to convene a conference call involving leaders from at least five countries in the region.
Summary of the Field Visits 145 SUMMARY OF FIELD VISITS 1 Port Metro Vancouver Positioned on the southwest coast of British Columbia in Canada, Port Metro Vancouver jurisdiction covers nearly 600 kilometers of shoreline extending north from Point Roberts at the Canada/U.S. border. Port Metro Vancouver is a dynamic gateway for domestic and international trade and tourism, and a major economic force that strengthens the Canadian economy. As the fourth largest tonnage port in North America, they offer 28 major marine cargo terminals and three Class 1 railroads. During the site visit, port officials discussed a variety of compliance and enforcement issues faced by Canada s largest and busiest port. 2 Pacific Wildlife Research Centre - Riefel Bird Sanctuary & Alaksen Area This protected wildlife habitat is composed of a designated National Wildlife Area (NWA) overlapping a Migratory Bird Sanctuary. Canadian Wildlife Services administers these lands, with the Sanctuary managed by the British Columbia Waterfowl Society under a long-term lease. Located next to the Delta Port, the NWA provides some of the best wildlife habitat and most productive agricultural land in the lower Fraser Valley. At this site, officials discussed the dynamic land use management issues stemming from their proximity to the Delta Port and key conservation issues in North West Canada. 3 Pacific Environmental Science Centre Located on Burrard Inlet in North Vancouver, PESC is a centre for the study of marine, estuarine, and freshwater toxicology and chemistry, with specialization in bacterial source tracking, marine water quality monitoring, and salmonid toxicogenomics. The Centre works in partnership with B.C. Environment, Health Canada, Transport Canada, Fisheries and Oceans Canada, and the University of Victoria. The Centre s activities support environmental enforcement and environmental quality monitoring and key clients include municipal, First Nations, and territorial governments. As part of the visits to the Pacific Wildlife Research Center and the Pacific Environmental Science Centre, participants also attended a discussion and ceremony at the Squamish Estuary and Wildlife Management Area, a fjord estuary which provides habitat for numerous endangered species while allowing for continued traditional, recreational, and industrial uses.