The hottest American environmental protection mana

2022-08-06
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American environmental protection management system and Its Enlightenment to China. According to the federal environmental protection law, the federal government authorizes the federal environmental protection agency to formulate environmental protection regulations and administrative law enforcement powers to avoid deformation caused by deflection of the swing rod. The responsibility of the federal environmental protection agency is to continuously improve environmental quality, protect public health and create a comfortable and beautiful environment through effective law enforcement and implementation of various environmental protection plans. The state government also has environmental protection departments, and has corresponding legislative and law enforcement powers in the field of environmental protection. However, in general, the status of the state government and its environmental protection departments in the process of legislation and law enforcement can not be compared with that of the federal environmental protection agency

1. The US environmental protection management mainly focuses on the steering wheel and the institutional setting

(1) the US federal environmental protection agency

① production and development

based on the institutional restructuring plan, the federal environmental protection agency was established as an independent administrative department in December 1970. It is authorized to undertake the functions of the previous Federal Water Quality Commission, air pollution control commission, Atomic Energy Commission and other agencies, and coordinate and cooperate with the local governments of various states to take comprehensive measures to control and eliminate air, water, solid waste and other pollution. In its 30 years of development, the federal environmental protection agency has occupied the primary position in the environmental protection management system of the United States, but it is also a controversial institution. Its behavior is often criticized by business organizations or environmentalists, and it is also very common to have differences and spears with the executive body and Congress

② the organization of the federal environmental protection agency

the management mechanism of the federal environmental protection agency of the United States is divided according to the medium to be treated, with offices for air, water, solid waste, pesticides, etc. under it, and peek's good thermal insulation system is consistent with the current environmental legal system in the United States. The establishment and internal organization of the US Environmental Protection Agency have clear legal basis. It has 14 departments, including comprehensive department, safeguard department and pollution prevention and control organization corresponding to the treated medium. These organizations have strong responsibilities and are the core organization for the environmental protection agency to achieve environmental protection goals. As one of the federal government departments, the environmental protection agency is headquartered in Washington, D.C., and has 10 districts nationwide. The division of districts is basically based on the administrative divisions of the state. Each district has the right to formulate policies and standards in its own region according to the actual situation. At the beginning of the establishment of the environmental protection agency, its organizational structure was designed to centralize all the power to formulate pollution control regulations in one federal agency, including investigation, standard setting, monitoring, implementation and policy formulation. This comprehensive management model has not really been implemented. The Environmental Protection Bureau has a director in charge of policy formulation, a deputy director who assists the director in affairs, and an administrative trial office with a certain degree of independence. At present, the federal environmental protection agency has 10 regional offices across the country, and many office staff have environmental knowledge and industrial technology

③ cooperation between the Environmental Protection Bureau and other environmental protection departments of the government

the effective operation of the environmental protection bureau is inseparable from the coordination and cooperation with other environmental protection departments of the government. In the 1997 strategic plan, it was affirmed that EPA must cooperate with nearly 20 other federal agencies to ensure the achievement of its work objectives. An example of inter agency cooperation is that in 1991, the environmental protection agency and the occupational safety and Health Association jointly conducted an interim investigation on 29 of 140 hazardous waste treatment companies, some of which were accused of violating 395 federal standards. The environmental protection agency took measures against 52 illegal acts. The occupational safety and Health Association decided that the waste treatment company should pay a fine of US $92220. Those business owners have to pay attention to public health, environmental safety and environmental laws because of the high efficiency of inter organization cooperation in law enforcement

(2) relevant departments of environmental protection in the federal government

some other agencies in the federal government also indirectly protect the environment by exercising their functions and powers. The departments of these administrative agencies also play a very important role in environmental management

① Department of the interior and its affiliated institutions

· Bureau of land management

· United States fisheries and Wildlife Service

· National Park Service

② Department of agriculture and its affiliated institutions

· United States Forestry Service

③ Department of labor and its affiliated institutions

· Bureau of occupational safety and health

· Bureau of mining safety and health

④ Department of Commerce and its affiliated institutions

· National Oceanic and atmospheric administration

(3) The environmental protection system of each state and its relationship with the federal government

all States in the United States have state-level environmental quality committees and environmental protection bureaus, and state-level environmental protection management agencies play an important role in environmental protection in the United States. In short, on the one hand, the state environmental protection agencies are the specific implementers and supervisors of the federal environmental protection laws and regulations, environmental standards and environmental protection plans. On the other hand, they also enjoy a certain degree of autonomy to carry out environmental law enforcement and environmental research with the goal of protecting human health and maintaining environmental safety within the state. The functions of these two aspects come from the direct provisions of the law: most federal laws related to environmental protection stipulate that the state environmental protection agencies shall be granted the power to implement and enforce environmental protection laws after passing the review of the federal environmental protection agency; At the same time, the state environmental protection laws and regulations clearly authorize the state environmental protection agencies and some other administrative organs to exercise the environmental administrative power. However, the state-level environmental protection bureaus are not under the leadership and management of the federal environmental protection agency, nor are they affiliated. Each state environmental protection agency maintains its own independence, performs its duties in accordance with the laws of the state, and only cooperates with the federal environmental protection agency in some matters to complete its tasks in accordance with the federal laws

according to a series of federal environmental protection laws, the federal and state governments jointly undertake the responsibility of environmental management. The federal environmental protection agency will severely punish the states that fail to implement the natural resources protection and pollution prevention and control and do not cooperate with the implementation of various environmental protection plans. For example, the federal environmental protection agency can confiscate the highway construction funds provided by the federal government to the States and has the right to formulate action plans for them. In addition, if the State Environmental Protection Agency can not perform its duties normally, the federal environmental protection agency can directly take over its operation. After years of practice, this system can basically ensure that environmental protection standards can not only protect public health, but also take into account the interests of all parties involved - the balance of power between the federal government and the state government has created a strong regulatory mechanism

2. brief introduction to China's environmental management system

3. the enlightenment and reference significance of the US environmental management system to China

(1) the relationship between the US federal environmental protection agency and other government departments with some environmental management functions: clear division of functions and powers and effective coordination of work. Both the United States and China implement the unified management mode of unified management by the environmental protection agency and separate management by other corresponding departments. However, this system works well in the United States. However, in China, departments often "wrangle" with each other or compete for jurisdiction. The most fundamental reason is that the functions and powers of each department have not been clarified and detailed through legislation. In this regard, we should formulate the national administrative organization law as soon as possible, so that the work of the national environmental administrative department and other environmental protection and management departments can be put on the track of rule of law

(2) the relationship between the environmental protection agencies of the federal government of the United States and the environmental protection agencies of the States: the state-level environmental protection agencies are not under the leadership and management of the federal environmental protection agencies. The environmental protection agencies of the states maintain their independence, perform their duties in accordance with the laws of the States, and only cooperate with the federal environmental protection agency in some matters to complete their tasks in accordance with the federal laws. Comparatively speaking, China's environmental management system structure and working mode tend to be dominated and driven by the central government. Local governments lack independent behavior, do not give full play to their initiative, the central environmental management power is relatively centralized, the specific functions are complicated, the burden is heavy, and the management cost is high. Design an interactive mechanism between the central and local environmental management departments to ensure the efficiency of environmental protection measures to the greatest extent. This interactive system can basically ensure that environmental protection standards can not only protect public health, but also take into account the interests of all parties

(3) the status and authority of the federal environmental protection agency in the government is an independent agency of the executive department of the federal government. It is directly responsible to the president and is not attached to any permanent department. The environmental protection bureau is authorized to prevent and control air pollution, water pollution, solid waste pollution, pesticide pollution, noise pollution, marine dumping and other forms of pollution and to review the environmental impact statement. China's environmental protection agencies generally have small powers, which makes it more difficult to implement national environmental protection laws and policies. In view of this situation, when setting up environmental protection agencies, the government should expand the scope of authority of environmental protection agencies by means of legislation, and set environmental protection agencies as independent government departments, so as to enable them to have greater power

the comprehensiveness, universality and potentiality of environmental problems determine that environmental management must be a systematic and standardized unified management. Therefore, the management system has become the core issue of environmental management. Structure determines function, and only with a scientific system can we have efficient management. Management organization is the organizational guarantee for management. A country with a perfect environmental management system is a necessary condition for strengthening environmental management and realizing effective environmental protection. The administrative system of environmental protection in the United States is sound and has a perfect operating mechanism. The research on the environmental management system in the United States and its reasonable reference will contribute to the practice of environmental protection and management in China. To a certain extent, China's current environmental management system is still deeply influenced by the thinking mode of the traditional planning era, which is difficult to adapt to the current situation of rapid economic and social development. Therefore, in the 21st century, the reform of environmental management system has become an urgent task for China's environmental management. (end)

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