Professional Documents
Culture Documents
Environmental Agencies Case Studies
Environmental Agencies Case Studies
Case Studies
ArabEnv
7/7/2014
This document is a white paper written to present the official agencies responsible for the executing the
environmental laws and regulations in four different countries; they are Switzerland, Germany, Canada
and the United States of America.
Table of Content
Introduction ....................................................................................1
Switzerland .....................................................................................2
o Executive branch in Switzerland .........................................2
o Role of Cantons....................................................................2
o Federal Office of Environment FOEN .................................3
o Role of Cantons in Environment........................................15
Germany .......................................................................................16
o Executive Branch in Germany ...........................................16
o States (Landers) in Germany .............................................17
o The Federal Ministry for the Environment, Nature Conservation,
Building and Nuclear Safety (BMUB) ..............................17
o Federal Authorities.............................................................38
o Role of Landers in the Environment ..................................39
Canada ..........................................................................................40
o Executive Branch in Canada ..............................................40
o What Do Local Governments Do? .....................................41
o Environment Canada ..........................................................41
o Role of the Regions ............................................................47
USA................................................................................................48
o Executive Branch ...............................................................48
o Role of the states ................................................................49
o Environmental Protection Agency (EPA) ..........................50
o Enforcement and Compliance at EPA ...............................55
Cases Comparison and Conclusion ............................................66
Introduction
Federal states systems are considered to be an unorthodox system for many people in the MENA
region, the amount of decentralization is high, the concept of delegating authority to regions and
expecting local communities to bear responsibility for their social, communal, educational and
environmental issues is not well establish, better yet, in some countries it is not established at all.
Environmental issues are considered as local issues that usually local governments are
responsible for; this might include issuing laws and regulations or merely ensuring the
enforcement of the law and taxation
This document is a brief description for the federal system in four countries, Switzerland,
Germany, Canada and the United States of America then narrowing it down to the legal
organizations responsible for environment in each system. In addition in every section there is a
small demonstration for the executive branch in every country.
The document starts with Switzerland, and explains its federal political system that is headed by
a seven members Federal Council, in this system the executive power is divided and not
concentrated in a single person. After giving a brief description to the Swiss system the
document moves on to describe the structure and the tasks of The Federal Office for the
Environment FOEN.
The second country to be studied is Germany which is a federal parliamentary republic, and
federal legislative power is vested in the Bundestag (the parliament of Germany) and the
Bundesrat (the representative body of the Länder, Germany's regional states). Also the paper
goes on after explaining the system, to describe the responsibilities of The Federal Ministry for
the Environment, Nature Conservation, Building and Nuclear Safety (BMUB).
Then the documents move to Canada; where the politics of Canada function within a framework
of parliamentary democracy and a federal system of parliamentary government with strong
democratic traditions. And also applies on the Official environmental agency, Environment
Canada, as will be explained.
Finally we will be discussing The United States of America, which is a federal constitutional
republic, in which the President of the United States (the head of state and head of government),
Congress, and judiciary share powers reserved to the national government. Then we will shed the
light on the last environmental agency in our paper, Environmental Protection Agency (EPA),
and its structure and responsibilities.
1
Switzerland
The politics of Switzerland take place in the framework of a multi-party federal directorial
democratic republic, whereby the Federal Council of Switzerland is the head of government and
head of state. Executive power is exercised by the government and the federal administration and
is not concentrated in any one person. Federal legislative power is vested in both the government
and the two chambers of the Federal Assembly of Switzerland. The judiciary is independent of
the executive and the legislature.
The Swiss Federal Council is a seven-member executive council that heads the federal
administration, operating as a combination cabinet and collective presidency. Any Swiss citizen
eligible to be a member of the National Council can be elected; candidates do not have to register
for the election, or to actually be members of the National Council. The Federal Council is
elected by the Federal Assembly for a four-year term.
The largely ceremonial President and Vice President of the Confederation are elected by the
Federal Assembly from among the members of the Federal Council for one-year terms that run
concurrently. The President has almost no powers over and above his or her six colleagues, but
undertakes representative functions normally performed by a president or prime minister in
single-executive systems.
Each canton has its own constitution, its government, its parliament, its courts and its laws,
though they must, of course, be compatible with those of the Confederation. The cantons enjoy a
great deal of administrative autonomy and freedom of decision-making. They have independent
control over their education systems and social services, and each has its own police force. Each
canton also sets its own level of taxation.
In two of the smaller cantons - Appenzell Inner-Rhodes and Glarus - the people meet annually in
a popular assembly, the Landsgemeinde, where each citizen can vote personally on local issues.
In the other cantons decisions are taken by elected delegates.
The governments of all the cantons are represented in the Conference of Cantonal Governments,
set up in 1993, to mediate between the cantons and the federal government and to help in the
division of responsibilities between them.
2
Federal Office for the Environment FOEN
The Federal Office for the Environment FOEN is the federal government’s center of
environmental expertise and is part of the Federal Department of the Environment, Transport,
Energy and Communication.
Divisions:
Sections:
3
Federal Department of the Environment,
Transport, Energy and Communication DETEC
C. Hofmann*
Economics and Legal Affairs Deputy Director International Affairs Communication
Environmental
Monitoring
T. Stadler F. Wild* K. Siegwart* F. V. Schwarz* J. Hess* G. Poffet* F. Perrez T. Göttin*
Vice Director Vice Director Vice Director Vice Director
Economics Legal Service 1 Political Affairs Global Affairs Media
Consumption Legal Service 2 Human Resources Europe, Trade and Communication Con-
and Products Cooperation on sulting, Publications
Development and Internet
vacant J. Bally C. Ravizza Martine Rohn-Brossard C. Schläpfer
Climate Hydrology Water Species, Hazard Prevention Forest Air Pollution Control Noise and NIR Waste and Soil and
Ecosystems, and Chemicals Resources Biotechnology
Landscapes
A. Burkhardt D. Bérod S. Müller E. Marendaz H. P. Willi R. Manser M. Schiess U. Walker M. Monteil B. Hitzfeld
Climate Reporting Hydrometry Morphology and Wildlife and forest Landslides, Forest Policy and Air Quality Aircraft, Industrial Waste Management Soil EIA and Spatial
and Adaptation Residual Flows of biodiversity Avalanches and Conservation Management and Shooting Noise Planning
Surface Waters Protection Forest
P. Filliger R. Lukes R. Estoppey R. Schnidrig A. Sandri B. Röösli R. Ballaman H. Bögli M. Buletti R. von Arx J. Rohrer
Climate Policy Hydrologic Groundwater Water habitats Flood Protection Forest and Timber Traffic Railway Noise Construction Waste Contaminated Sites
Informations Protection Industry and Landfill
R. Burkard D. Streit D. Hartmann A. Knutti O. Overney A. Kammerhofer G. D’Urbano F. Fischer K. Schenk C. Wermeille
CO2 Act Hydrologic Basis Quality of Surface Species and habitats Prevention of Major Forest Products and Industry and Road Noise Industrial Waste Biotechnology
Implementation Surface Water Waters Accidents and Services and Forest Combustion
Earthquake Mitigation Quality
S. Riedener A. Jakob U. Sieber S. Pearson Perret B. Gay C. Küchli B. Müller S. Hoehn B. Frey A.-G. Wust Saucy
Hydrogeologic Basis River Basin Landscape Risk Management Fundamentals and Industrial Chemicals Non-Ionising Radiation
Management Management Forestry Professions (NIR)
The Air Pollution Control and Chemicals Division seek to protect human health and the
environment from harmful impacts or nuisances due to air pollution or chemicals. The legal basis
is provided by the Ordinance on Air Pollution Control (LRV) and the ordinances in the field of
chemicals. The Division publishes overviews of emission/exposure levels, and it supports the
cantonal and communal authorities in their enforcement activities.
1. Topic Air
2. Topic Chemicals
3. The division consists of:
4. Air Pollution Control and Chemicals Division: Management, Staff Unit, Secretarial
Office
5. Air Quality Management Section
6. Traffic Section
7. Industry and Combustion Section
8. Industrial Chemicals Section
9. Biocides and Plant Protection Products Section
10. Federal Commission for Air Hygiene FCAH
1. The Head of Division is responsible for the technical, personnel and administrative
management of the Division.
2. The Staff Unit coordinates divisional activities and is responsible for organizational
matters, projects and finances.
3. The Secretarial Office has clerical and administrative responsibilities.
2) Climate Division
Manages Swiss climate policy; which means it is responsible for the implementation of the
Kyoto Protocol in Switzerland, the implementation of national legislation on climate protection
(CO2 Act) and manages political climate instruments, develops strategies for emissions
reduction and adaptation to climate change, reviews performance of climate policy (greenhouse
5
gas inventory, CO2 statistics), informs and advises policy makers and the public on the causes
and effects of climate change and possible counter-measures.
1. Topic Climate
2. Topic CO2 levy
3. Topic Emissions trading
4. Climate reporting
1. The Head of Division is responsible for the technical, personnel and administrative
management of the division.
2. The Secretarial Office has clerical and administrative responsibilities.
3) Communication Division
The Communication Division is responsible for publishing aids for the implementation of
environmental legislation (enforcement aids) by cantonal and communal authorities, the
public sector and other partners. These tools include technical publications, the FOEN
website and the «environment» magazine.
The Division also provides specialists, the media and the public with information about
the state of the environment and on environmental issues, and with guidance on the
protection and sustainable use of the environment.
The Environmental Education Section, the Information Centre and the Language Services
are also attached to the Communication Division.
6
The division consists of:
1. The Head of Division is responsible for the technical, personnel and administrative
management of the Division.
2. The Deputy head of division, head of Media Section
The Economics and Environmental Monitoring Division has two main tasks: firstly, it acts as the
FOEN competence center for a natural resource economics; secondly, it provides politicians and
the general public with information on the state of the environment. The division elaborates
environmental policy instruments, encourages sustainable consumption and promotes the
development of innovations in the environmental sector.
1. Topic Economy
2. Topic VOCs
3. Topic Consumption and products
4. Topic Innovation
5. Topic Environmental monitoring
7
1. The head of division is responsible for the technical, personnel and administrative
management of the Division.
2. The staff unit coordinates divisional activities and is responsible for organizational
matters, projects and finances.
3. The secretarial office has clerical and administrative responsibilities.
5) Forest Division
The Forest Division supports the sustainable use and maintenance of the forest and is responsible
for the allocation of subsidies in this area.
1. is responsible for the formulation and implementation of national and international forest
policy
2. is responsible for the strategic, financial and human resource management of the Forestry
Division
3. represents the interests of the Forestry Division within the Federal Administration and
vis-à-vis the cantons and associations representing the forestry and timber sectors
1. Minimizing the risks for people, the environment and property resulting from natural
hazards such as avalanches, flooding, torrents, debris flows, erosion, landslides, rock fall,
rockslides, debris avalanches, earthquakes and major accidents
8
2. Ensuring comparable protection throughout Switzerland for humans, the environment and
important material assets
3. Advising the cantons on introducing sustainable protective measures against natural
hazards as well as financing these measures (implementation of the Forest and Hydraulic
Engineering Act)
4. Implementing integrated risk management
5. Supervising the implementation of the Major Accidents Ordinance, supporting the
cantons and cooperating in MAO implementation through other federal agencies
6. Coordinating earthquake mitigation measures and promoting a concerted contingency
policy
7. Re-establishing near-natural conditions for watercourses adversely affected by hydraulic
engineering (renaturation)
8. Supervising flow and lake regulation
9. Ensuring long-term protective functions in mountain forests
7) Hydrology Division
The Hydrology Division attends to preparing the necessary hydrological basis for sustainable
development in Switzerland. The survey unit operates the national measuring network at
waterway surfaces and in groundwater with more than 300 measuring stations; it also monitors
water quantity and quality, ensures flood forecasts, warnings, and alarms.
9
The division is responsible for the topics:
The Head of Division is responsible for the technical, personnel and administrative management
of the Division. The Staff Unit supports and helps the Head of Division and sections with the
following:
1. administration
2. management assistance (finance, human resources, organizational matters, contracts)
3. planning and controlling
4. coordination and advice
5. research and summaries
6. international activities
7. quality control
8. transport
10
The division consists of:
1. The Head of Division is responsible for the technical, personnel and administrative
management of the Division.
2. The Staff Unit coordinates divisional activities and is responsible for organizational
matters, projects and finances.
3. The Secretarial Office has clerical and administrative responsibilities.
The Legal Affairs Division is responsible for the legal aspects of all the tasks performed by
FOEN in every area of environmental protection (preparation and application of legislation,
supervision of enforcement, information and international affairs).
1. defines a coherent and efficient policy in the field of environmental law, with the
emphasis on implementation, and puts it into practice;
2. coordinates the legal assistance given to the FOEN in all areas of environmental
protection (preparatory work, law-making, implementation, monitoring of
implementation, information and international law);
3. manages the Legal Division (strategy, finances and human resources);
11
4. Represents the Legal Division within the federal administration and towards the Cantons,
the environmental organizations, academia and the general public.
The Noise and Non-Ionising Radiation (NIR) Division seeks to protect human health and the
environment from harmful impacts or nuisances due to noise or non-ionizing radiation (NIR).
The legal basis is provided by the Noise Abatement Ordinance (NAO) and the Ordinance on
Protection against Non-Ionizing Radiation (ONIR). The Division publishes overviews of
emission/exposure levels, and it supports the cantonal and communal authorities in their
enforcement activities.
1. Topic Noise
2. Topic Electro smog
3. Thema Lichtemissionen (Lichtverschmutzung)
1. The Head of Division is responsible for the technical, personnel and administrative
management of the Division.
2. The staff unit coordinates divisional activities and is responsible for organizational
matters, projects and finances.
3. The secretarial office has clerical and administrative responsibilities.
1. Topic Soil
2. Topic Contaminated sites
12
3. Topic Biotechnology
1. The Head of Division is responsible for the technical, personnel and administrative
management of the Division.
2. The Staff Unit coordinates divisional activities and is responsible for organizational
matters, projects and finances.
3. The Secretarial Office has clerical and administrative responsibilities.
This division is the federal authority responsible for biodiversity, ecosystems and land-scapes, as
well as for hunting and fisheries.
13
13) Waste and Resources Division
Topic Waste
1. The Head of Division is responsible for the technical, personnel and administrative
management of the Division.
2. The Staff Unit coordinates divisional activities and is responsible for organizational
matters, projects and finances.
3. The Secretarial Office has clerical and administrative responsibilities.
The division is responsible for the protection of groundwater and drinking water. Also advises
authorities, industry, farmers and the public on the reduction of pollutants in water and the
decontamination of groundwater reserves and investigates the ecological quality of water.
1. Topic Water
2. Topic Water protection
3. Topic Water use
4. Topic Hydrological foundations and data
14
1. Responsible for the technical, personnel and administrative management of the Division.
2. directs and coordinates inter-sectional duties and jobs;
3. Is particularly involved with budget questions, information technology matters,
communication, statistics and the co-ordination of EIA business.
4. is in charge of publications and taking orders;
5. Runs the secretarial office of the division.
Dealing with the environment is considered as an issue on the community level, which means,
according to our understanding to the role of cantons in general, that a great deal of delegation is
going to be given to the cantons to deal with the environmental policies and regulation.
By saying delegation we don’t mean just to execute enforcement laws put by the central Ministry
of Environment, but rather we are saying that cantonal governments can issue their own regional
laws according to its needs and priority. In addition to that, local government can enforce its own
fees and taxations under its own jurisdiction.
15
Germany
Germany is a federal parliamentary republic, and federal legislative power is vested in the
Bundestag (the parliament of Germany) and the Bundesrat (the representative body of the
Länder, Germany's regional states). Since 1949 the system has been considered to be a multi-
party system.
The judiciary of Germany is independent of the executive and the legislature. The political
system is laid out in the 1949 constitution, the Grundgesetz (Basic Law), which remained in
effect with minor amendments after German reunification in 1990.
Head of state
In Germany's parliamentary system of government the Federal Chancellor runs the government
and the politics of the day. However, the German President has a role which is more than
ceremonial. The Federal President, by his actions and public appearances, represents the state
itself, its existence, its legitimacy, and unity. The President's office involves an integrative role
and the control function of upholding the law and the constitution. It has also a "political reserve
function" for times of crisis in the parliamentary system of government. The Federal President
gives direction to general political and societal debates and has some important "reserve powers"
in case of political instability (such as those provided for by Article 81 of the Basic Law). Under
Article 59 (1) of the Basic Law (German Constitution), the Federal President represents the
Federal Republic of Germany in matters of international law, concludes treaties with foreign
states on its behalf and accredits diplomats. Furthermore, all federal laws must be signed by the
President before they can come into effect; however, he can only veto a law that he believes to
violate the constitution.
Head of government
The Bundeskanzler (federal chancellor) heads the Bundesregierung (federal government) and
thus the executive branch of the federal government. He or she is elected by and responsible to
the Bundestag, Germany's parliament. The other members of the government are the Federal
Ministers; they are chosen by the Chancellor. Germany, like the United Kingdom, can thus be
classified as a parliamentary system.
16
The Chancellor cannot be removed from office during a four-year term unless the Bundestag has
agreed on a successor. This constructive vote of no confidence is intended to avoid the situation
of the Weimar Republic in which the executive did not have enough support in the legislature to
govern effectively, but the legislature was too divided to name a successor.
Except in the periods 1969–72 and 1976–82, when the Social Democratic party of Chancellor
Brandt and Schmidt came in second in the elections, the Chancellor has always been the
candidate of the largest party, usually supported by a coalition of two parties with a majority in
the parliament. One of the ministers the Chancellor appoints is the Vice-Chancellor
(Vizekanzler). This office itself is hardly important but often indicates the main cabinet member
of the smaller coalition partner.
Cabinet
The German Cabinet (Bundeskabinett or Bundesregierung) is the chief executive body of the
federal republic of Germany. It consists of the chancellor and the cabinet ministers. The
fundamentals of the cabinet's organization are set down in articles 62–69 of the Basic Law.
Federalism in Germany is made of the states of Germany and the federal government. Unlike in
many other federations, in Germany the central government is very strong. The Basic Law for
the Federal Republic of Germany divides authority between the federal government and the
states (German: "Länder" or "Laender"), with the general principle governing relations
articulated in Article 30: "The exercise of governmental powers and the discharge of
governmental functions shall be incumbent on the Länder insofar as this Basic Law does not
otherwise prescribe or permit." Thus, the federal government can exercise authority only in those
areas specified in the Basic Law.
Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety
The Federal Ministry for the Environment, Nature Conservation, Building and Nuclear
Safety (BMUB) is responsible for:
3. Urban development, housing, rural infrastructure, public building law, building, the
construction industry and federal buildings
17
4. Creating the conditions for good housing standards and intact cities and with raising the
quality of structural engineering, building technology and construction materials in
Germany still higher
Approach:
1. One main task is to prepare legislation in order to shape the legal framework in the policy
areas referred to above. This includes preparing regulatory legislation and transposing EU
directives into national law.
2. Funding for research and development, support for the market launch of innovative
technologies
Structure:
The ministry is headed by the Federal Minister, he/ she leads the BMUB and represents it in the
federal cabinet. Two state secretaries act as the minister's deputies and like her/ him they are
authorized to issue instructions to all the ministry staff. Also two parliamentary state secretaries
are part of the ministry's leadership. They are both members of the German Bundestag and are
the minister's representatives in parliament.
The BMUB is divided into seven specialists directorates-general, in addition to one specialist
dealing with strategic aspects and another for central functions. The range number of staff in
each directorate-general is from 80 to over 200. They are headed by the directors-general, who
lead and coordinate the work within the specialist divisions and liaise closely with the minister
and state secretaries. Every directorate-general is divided into directorates comprised of a
number of specialist divisions.
18
19
Directorate-General Z
20
Directorate-General Z
Central Functions, Funding Instruments, Structural Funds
MinDir Dr. Ewold Seeba
-4100 / -4101 / -2100 / -2101
Directorate Z I Directorate Z II
Administration Research, Funding, Structural Funds
MinDirig Stefan Süsterhenn Ingrid Müller
-2105 / -2106 -3105 / -3106
Division Z II 1
Working Group Z I 1
Research, Coordination of the Technical
Personnel inc. subordinate authorities
Supervision of the Federal Environment Agency
Personnel Development
MinR Dr. Jürgen Jakobs -2090
Head: RDir Helmut Alda -2110
Members:
RDir’in Martina Bleischwitz -2111 Division Z II 2
RDir’in Carola Schmidt -2112 Cooperation with Civil Society and Associations,
Tourism and Sports
RDir‘in Stefanie Pfahl -4690
Division Z I 2
Organisation, Legal Affairs
RDir Laurent Lüttge -2120 Division Z II 3
Information Management, Statistics, Library
MinR Dr. Hartmut Streuff -2180
Working Group Z I 3
Budget
Head: MinR Klaus Püschel, -2130 Division Z II 4
(Budget Officer) Promotional Measures
Building Sector RDir‘in Dr. Sylvia Sterger -2240
Member: N.N.
Division Z II 5
Working Group Z I 4 Environmental Education, Federal Environment
Foundation "Deutsche Bundesstiftung Umwelt"
Internal Administration, Language Services
Head: DirProf Gerd Schablitzki, -3110 RDir Robert Hennies -2250
Member: N. N.
Division Z II 6
ESF Programmes, Liveable Social City Programme
Working Group Z I 5
RDir’in Nicole Graf -6220
Information Technology Operation, Information
Technology Strategy
Head: MinR Rudolf Herlitze, -2490
IT Officer of the Federal Ministry for the Environment and
Building and subordinate authorities
Member: N.N.
Division Z I 6
Contracting Office
N.N.
General and Strategic Aspects of Environment, Building and Urban Development Policy
22
Directorate-General G
General and Strategic Aspects of Environment,
Building and Urban Development Policy
MinDirig Dietmar Horn
-2207 / -4301
Directorate G I Directorate G II
Strategic Aspects, Planning-related Legislation, Public Participation, Civic Communication,
General Issues of Soil Conservation Freedom of Information
MinDirig’in Dr. Susanne Lottermoser MinDirig’in Dr. Christiane Schwarte
-2205 / -2206 -4360
Division G I 1 Division G II 1
Cross-sectoral Aspects of Environment, Building Freedom of Information, Environmental
and Urban Development Policy Information Act, Environmental Liability
Legislation, Better Regulation
RDir Dr. Jörg Mayer-Ries
-2230 RDir Matthias Sauer
-2253
Division G I 2
Fundamental Social Policy Issues, Reports Division G II 2
Public Participation in Environment, Building and
MinR Volker Gerhard Urban Development Policy, Public Participation
-2160 Processes
MinR Dr. Michael Münnich
-4082
Division G I 3
Environmental and Urban Aspects of Spatial
Planning, Demographic Change Division G II 3
MinR‘in Elisabeth Wessel Civic Communication of the Federal Ministry for
-2211 the Environment and Building
MinR Dr. Michael Köhler
-4280
Division G I 4 RDir Dr. Hans-Jörg Dietsche
Sustainable Consumer Protection, Product- -3450
related Environmental Protection
MinR Dr. Ulf Jaeckel
-2260 Division G II 4
Event Management
N.N.
Division G I 5
Sustainable Economy, Innovation, Employment
MinR Peter Franz
-2450
Division G I 6
Land Use, General Issues of Soil Conservation
and Transport Infrastructure Planning
Rolf Bräuer
-2210
Division G I 7
Cross-Sectional Aspects of Environmental, Telephone numbers: Bonn 0228 / 99 305 -
Building and Urban Development Legislation, Berlin 030 / 18 305 -
Environmental Assessment Legislation Color Key:
MinR Dr. Christoph Sangenstedt Functions Performed
-4352 23 both in
Functions Performed Functions Performed
in Berlin in Bonn
Bonn and Berlin
Directorate-General KI
24
Directorate-General KI
Climate Policy, European and International Policy
MinDir Franz Josef Schafhausen
-2200 / -2201
Directorate Kl I Unterabteilung KI II
Climate Policy European and International Policy
MinDirig Berthold Goeke MinDirig Dr. Karsten Sach
-3605 / -3606 -2305 / -2306
Division KI I 1 Division KI II 1
Strategic Aspects of Climate Policy, Climate Strategic Aspects of International Cooperation,
Action Plan Regional Conventions, International Law
RDir‘in Dr. Ursula Fuentes-Hutfilter MinR Christian Lindemann
-3697 -2350
Division KI I 2
Climate Policy and the Business Sector Division KI II 2
European Union, Bilateral Cooperation with EU
RDir Dr. Sven Reinhardt Member States, Officer for European Affairs,
-4750 European Law
RDir’in Dr. Eva Kracht
-2320
Division KI I 3
Legal Issues, Climate Policy, Emissions Trading
MinR Dr. Dirk Weinreich Division KI II 3
-3662 International Affairs in the Field of Environment,
Building and Urban Development Policy, Bilateral
Cooperation with Industrialised Countries
Division KI I 4 RDir‘in Dr. Vera Rodenhoff
Climate Policy and the Energiewende -2006
RDir Dr. Torsten Bischoff
-3630 Division KI II 4
UN Institutions, in particular UNEP and CSD,
Division KI I 5 Cooperation with Developing Countries and
Climate Policy and Energy Efficiency, Climate Newly Industrialised Countries
Mitigation Technologies MinR Stephan Contius
RDir Dr. Harald Kohl -2340
-2160
Division KI II 5
Division KI I 6 Cooperation with Countries of Central and
European and International Climate Policy, New Eastern Europe, Newly Independent States and
Market Mechanisms MENA Region
RDir‘in Dr. Silke Karcher MinR Jürgen Keinhorst
-3601 -2370
Division KI II 6
Environment Division at the Permanent International Climate Policy
Representation to the European Union
MinR‘in Nicole Wilke
RDir‘in Dr. Christine Wistuba -2360
00322-787-1140
Division KII 7
International Climate Finance, International
Telephone numbers: Bonn 0228 / 99 305 - Climate Initiative
Berlin 030 / 18 305 -
MinR Norbert Gorißen
Color Key:
-2310
Functions Performed
both in
Functions Performed Functions Performed 25
in Berlin in Bonn
Bonn and Berlin
Directorate-General RS
26
Directorate-General RS
Safety of Nuclear Installations, Radiological Protection, Nuclear
Fuel Cycle
MinDir Dr. Wolfgang Cloosters
-2800 / -2801
Division RS I 5
General and Fundamental
Aspects of Reactor Safety, Nuclear
Safety Codes and Standards,
Multilateral Regulatory
Cooperation
N.N.
Division RS I 6
Physical Protection of Nuclear
Installations and Transports of
Nuclear Material, Defence against
Telephone numbers: Bonn 0228 / 99 305 -
Nuclear Hazards, Technical
Berlin 030 / 18 305 -
Qualification
Color Key:
MinR Werner Voß -2870
Functions Performed
27 both in
Functions Performed Functions Performed
in Berlin in Bonn
Bonn and Berlin
Directorate-General WR
28
Directorate-General WR
Water Management, Resource Conservation
MinDir Dr. Helge Wendenburg
-2500 / -2501
Division WR III 2
Division WR II 2 Soil Conservation and
Division WR I 2 Circular Economy Legislation Management of Contaminated
Water Management Legislation MinR Dr. Frank Petersen -2560 Sites
RDir Dr. Frank Hofmann -2520 MinR Andreas Bieber -3420
Division WR II 3
Division WR III 3
Division WR I 3 Sector-based Product
Resource Conservation and Soil
Water Protection, Protection of Responsibility
Conservation Legislation
Surface Waters and Groundwater N. N.
RDir Johannes Pastor -3430
N. N. RDir Dr. Michael Paul
Division WR II 4
Municipal Wastes, Thermal Division WR III 4
Division WR I 4 Treatment of Wastes European and International
Cooperation in International
MinR Dr. Claus-Gerhard Bergs Aspects of Resource Efficiency,
River Basins, Freshwater
-2583 Raw Materials Policy
Management Conventions,
International Freshwater RDir‘in Birgit Schwenk -3440
Protection Law
MinR’in Heide Jekel -2521 Division WR II 5
Production Wastes, Hazardous
Wastes, Landfilling
Division WR I 5 Dr. Karl Biedermann -2580
Protection of the Marine
Environment, International Law
on the Protection of Marine
Waters, Division WR II 6
Resource Productivity in Waste
MinR‘in Heike Imhoff -2527
Management, Recovery of
Recyclables
RDir Thomas Schmid-Unterseh
Division WR I 6
-2572
Flood Protection
MinR’in Anette van Dillen
Telephone numbers: Bonn 0228 / 99 305 -
Berlin 030 / 18 305 -
Color Key:
Functions Performed
29 both in
Functions Performed Functions Performed
in Berlin in Bonn
Bonn and Berlin
Directorate-General IG
Environmental Health, Emission Control, Safety of Installations and Transport, Chemical Safety
30
Directorate-General IG
Environmental Health, Immission Control, Safety of
Installations and Transport, Chemical Safety
Gertrud Sahler
-2400 / -2403
Directorate IG I Directorate IG II
Immission Control, Safety of Installations and Environmental Health, Chemical Safety
Transport MinDirig Alexander Nies
MinDirig Dr. Norbert Salomon -2705 / -2706
-2405 / -2406
Division IG II 1
Working Group IG I 1 Fundamental Aspects of Chemical Safety,
Immission Control Legislation Chemicals Legislation
Head: MinR Dr. Siegfried Waskow -3290 MinR Dr. Christian Meineke -2730
Member: RDir‘in Dr. Susan Krohn -2410
Division IG II 2
Division IG I 2 Environment and Health
Installation-based Air Pollution Control MinR’in Dr. Birgit Wolz -2720
Head: RDir Hans-Peter Ewens -2420
Member: RDir Dr. Gordo Jain -2740
Division IG II 3
Division IG I 3 International Chemical Safety, Sustainable
Area-based Air Pollution Control, Air Pollutants Chemistry
and Climate Change, Atmosphere MinR’in Dr. Jutta Emig -2220
RDir Dr. Hans-Joachim Hummel -2430
Division IG II 4
Division IG I 4 Chemical Risk Assessment and Risk Management
Safety of Installations
MinR Dr. Jakob-Matthias Drossard -2711
N.N. MinR Dr. Jörg Lebsanft -2687
Division IG I 5
Environment, Traffic and Transport, Electric Division IG II 5
Mobility Plant Protection Agents, Biocides, Medicinal
N.N. Products
MinR’in Dr. Sabine Gärtner -2741
Division IG I 6
Air Pollution Control Technology in the Field of Division IG II 6
Transport and Fuels, Biofuels Nanotechnology and Synthetic Nanomaterials
RDir Bernd-Ulrich Hildebrandt -2470 MinR’in Dr. Anke Jesse -2128
Working Group IG I 7
Noise Abatement and Vibration Control Division IG II 7
Health Impacts of Climate Change, Environment-
Head: MinR Dr. Bernd Hilger
related Food Safety
Member: RDir Rudolf Brüggemann
RDir’in Dr. Jutta Litvinovitch -2750
32
Directorate-General N
Nature Conservation and Sustainable Use of Natural
Resources
MinDirig’in Dr. Elsa Nickel
-2600 / -2601
Directorate N I Directorate N II
Nature Conservation Sustainable Use of Natural Resources
N.N. MinDirig Rudolf Ley
-3305 / -3306
Division N I 1
General and Fundamental Aspects of Nature Division N II 1
Conservation, DG Coordination Nature Conservation and Energy
MinR Dr. Kilian Delbrück -2610 MinR‘in Dr. Anita Breyer -2660
Division N I 2 Division N II 2
Habitat Protection, Natura 2000 Nature Conservation Aspects of Infrastructure,
MinR’in Dr. Christiane Paulus -2620 Interventions in Nature and Landscapes
MinR Alfred Walter -2640
Division N I 3
Species Conservation
Division N II 3
MinR Gerhard Adams -2631 Marine Nature Conservation
Martin Waldhausen -2780
Division N I 4
International Cooperation on Biodiversity
MinR’in Nicola Breier -2619 Division N II 4
Forest Conservation and Sustainable Forest
Management, Sustainable Fisheries, Biological
Diversity and Climate Change
Division N I 5 Dr. Horst Freiberg (abg.) -2650
Nature Conservation and Landscape Management RDir’in Jutta Rühl -2652
Legislation
MinR Dr. Stefan Lütkes -2670
Division N II 5
Sustainable Development of Rural Areas,
Environmental Aspects of Agriculture
MinR’in Dr. Almuth Ostermeyer-Schlöder
-2760
34
Directorate-General SW
Urban Development, Housing, Public Building Law
Anke Brummer-Kohler
030 / 18 300 -6000
Directorate SW I Directorate SW II
Building Policy, Urban Development, Rural Housing
Infrastructure MDirig’in Dr. Ute Redder -6002
Dr. Ulrich Hatzfeld -6001
Division SW II 1
Division SW I 1 Property and Housing Sector, Home Ownership
Urban Development Law, Building Planning Law
MinR Dr. Adolf Völker -6210
MinR Dr. Jörg Schliepkorte -6110
Division SW I 2 Division SW II 2
Special Urban Development Law, Valuation, Law Housing for the Elderly, Housing Cooperatives,
Relating to Allotments KfW Housing Construction Programmes
(excluding Energy Efficiency Programmes)
MinR Dr. Johannes Stemmler -6120
MinR Joachim Seeger -6220
Division SW I 3
Urban Development Policy, Federal Institute for Referat SW II 3
Research on Building, Urban Affairs and Spatial Federal Guarantees, Housing Assistance for the
Development at the Federal Office for Building Federal Civil Service
and Regional Planning RDir’in Anna Kramár -6230
Dr. Oliver Weigel -6130
Division SW II 4
Division SW I 4 Housing Benefit
Coordination of Urban Development Assistance RDir’in Luise Rau -6240
MinR Dr. Jochen Lang -6140
Division SW II 5
Division SW I 5
Housing Law, Rent Law, Home Ownership Law,
Urban Restructuring in the Old and New Federal
Taxes and Capital Market
States
MinR’in Sabine Bohndick -6250
MinR Thomas Hartmann -6150
Division SW I 6
Protection of the Urban Architectural Heritage
Dr.-Ing. Martina Doehler-Behzadi -6160
Dr. Elke Mayer -2150
Telephone numbers: Bonn 0228 / 99 305 -
Berlin 030 / 18 305 -
Color Key:
Division SW I 7
Rural Infrastructure, Cultural Landscapes Functions Performed
Functions Performed Functions Performed
35 both in
in Berlin in Bonn
MinR Prof. Dr. Hagen Eyink -6170 Bonn and Berlin
Directorate-General B
36
Directorate-General B
Building, Construction Industry and Federal Buildings
MinDir Günther Hoffmann
030 / 18 300 -7000 / -7010
Directorate B I Directorate B II
Building, Construction Industry Federal Buildings
MDirig Dr. Rüdiger Kratzenberg - 7001 MDirig Ralf Poss -7002/-7012
Division B I 1 Division B II 1
General Building Matters, Federal Office for Federal Building Authorities (excluding Federal Office
Building and Regional Planning for Building and Regional Planning), Life Cycle Costing in
(excluding Federal Institute for Research on Building, Urban Construction Projects, PPP in Federal
Affairs and Spatial Development)
Government Construction Projects, Berlin Royal
MinR Karl-Heinz Collmeier -7110 Palace-Humboldt Forum Foundation
BDir’in Dagmar Streich -7210
Division B I 2
European Harmonisation of Technical Building Division B II 2
Regulations, Construction Products Law Federal Building Matters in Germany, excluding
BDir Dietmar Menzer -7120 Constitutional Bodies/Top-Level Federal
Authorities in Berlin
MinR’in Gisela Nobis-Fritzen -7220
Division B I 3
Facilities Engineering and Building Services Plant,
Technical Matters relating to Energy-Efficient Division B II 3
Building and the Use of Renewable Energy Federal Building Matters relating to the Visiting
MinR Peter Rathert -7130 Forces, Matters relating to Construction Projects
Eligible for Grants, Cultural Building Projects
BDir Matthias Vollmer -7230
Division B I 4
Construction-Related Building Law, Building
Regulations, Noise and Climate Change Division B II 4
Mitigation in the Buildings Sector Building Matters Abroad
MinR Dr. Jürgen Stock -7140/-7180 N.N.
Division B II 5
Division B I 5 Building Matters relating to the Constitutional
Civil Engineering, Sustainable Construction, Bodies and Top-Level Federal Authorities in
Building Research Berlin
MinR Hans-Dieter Hegner -7150 BDir’in Inken Bühring -7250
Division B I 6 Division B II 6
Construction Industry Special and Cultural Building Projects in Berlin;
Building Matters relating to Top-Level Federal
MinR Markus Kelle -7160 Authorities in Berlin
MinR Horst Grothues -7260
Division B I 7
Building Law, Public Procurement
Telephone numbers: Bonn 0228 / 99 305 -
RDir Reinhard Janssen -7170 Berlin 030 / 18 305 -
Color Key:
37 Functions Performed
Functions Performed Functions Performed
both in
in Berlin in Bonn
Bonn and Berlin
Federal Authorities
There are four federal agencies operating under the auspices of the Federal Environment
Ministry with a total staff of more than 3000 employees: the Federal Environment Agency, the
Federal Agency for Nature Conservation, the Federal Office for Radiation Protection and the
Federal Office for Building and Regional Planning with the Federal Institute for Research on
Building, Urban Affairs and Spatial Development. Furthermore, several independent expert
committees advise the ministry by means of expert opinions/reports and statements. The most
important of these advisory committees are the German Advisory Council on the Environment
(SRU) and the German Advisory Council on Global Change (WBGU).
The Federal Environment Agency (Umweltbundesamt - UBA), which was established on 22 July
1974, provides support for the Federal Environment Ministry, especially with regard to the
preparation of legal and administrative regulations in the fields of climate protection, air quality
control, noise abatement, waste management, water resources management, soil conservation,
environmental chemicals and health-related environmental issues.
The Federal Agency for Nature Conservation (Bundesamt für Naturschutz - BfN) started work in
August 1993. It was formed from the Federal Research Centre for Nature Conservation and
Landscape Ecology and from species protection boards of the Federal Nutrition and Forestry
Agency. It was also assigned species protection functions from the Federal Economic Agency.
The Federal Office for Radiation Protection (BfS) is in charge of protecting humans and the
environment from ionising and non-ionising radiation and guaranteeing their safety. In the field
of ionising radiation, the focus is for instance on radiation used in medicine in x-ray diagnosis,
the safety of handling radioactive substances in nuclear engineering and the protection from
increased natural radioactivity. The field of non-ionising radiation focuses inter alia on the
protection from ultraviolet radiation and the impact of mobile radio.
The Federal Office for Building and Regional Planning is a higher Federal authority responsible
to the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety
(BMUB). The Federal Office comprises a building section and the Federal Institute for Research
on Building, Urban Affairs and Spatial Planning (BBSR).
38
Independent Advisory Bodies
As mentioned earlier, several independent advisory bodies advise the ministry by means of
expert opinions. Currently they are:
Hierarchy
Minister
Parliamentary State Secretary
State Secretary
Directorate General
Directorate
Head of Division
Personal Assistants and Staff
In Germany we can’t say that the situation is the same as Switzerland, where in the case of a
strong central state, the role of the Landers in issuing any laws is restricted. Therefore we can
only say that the regional government is only responsible for implementing the government’s
policies and regulations.
39
Canada
The politics of Canada function within a framework of parliamentary democracy and a federal
system of parliamentary government with strong democratic traditions. Canada is a constitutional
monarchy, in which the Monarch is head of state. The country has a multi-party system in which
many of its legislative practices derive from the unwritten conventions of and precedents set by
Great Britain's Westminster Parliament. However, Canada has evolved variations: party
discipline in Canada is stronger than in the United Kingdom and more parliamentary votes are
considered motions of confidence, which tends to diminish the role of non-Cabinet Members of
Parliament (MPs). Such members, in the government caucus, and junior or lower-profile
members of opposition caucuses, are known as backbenchers. Backbenchers can, however, exert
their influence by sitting in parliamentary committees, like the Public Accounts Committee or
the National Defense Committee.
Cabinet
Ministers (usually around thirty) chosen by the Prime Minister and appointed by the Governor
General to lead various ministries and agencies, generally with regional representation.
Traditionally most, if not all, cabinet ministers will be members of the leader's own party in the
House of Commons or Senate (see Cabinet of Canada); however this is not legally or
constitutionally mandated, and occasionally, the Prime Minister will appoint a cabinet minister
from another party.
Elections
The monarchy is hereditary. The Governor General is appointed by the monarch on the advice of
the Prime Minister for a non-specific term, though it is traditionally approximately five years.
Following legislative elections, the leader of the majority party in the House of Commons is
usually designated by the Governor General to become Prime Minister.
Local Government
In Canada, there are several different levels of government: federal, provincial, territorial, and
local government. The federal or national government, which includes institutions such as
the Prime Minister and Parliament, is responsible for areas of jurisdiction affecting all
Canadians, such as national defense, foreign policy, criminal law, and citizenship. The federal
government (also known as the Government of Canada) also has the authority and responsibility
of governing the Territories (though it usually delegates this role to elected
territorial governments).
At the provincial level, there are provincial governments, such as the governments of Ontario,
Quebec, Nova Scotia, British Columbia, and so forth. This level of government has its own
40
political institutions and leaders, such as provincial premiers and legislatures. Moreover,
provincial governments have their own jurisdictions (which are provided for under the Canadian
Constitution), such as health care, education, transportation (highways), and property and
civil rights.
Finally, there is the local level of government. This level usually has responsibility over policy
fields directly related to local communities (see below for more on the jurisdictions of local
government). Moreover, like the other levels of government, local governments have their own
political leaders and institutions, such as mayors/reeves, councillors/aldermen, directors,
agencies, boards, and commissions.
The precise functions of local governments vary significantly from one province to the next, and
even between regions within a province (rural local governments, for example, often perform
different functions than large urban governments). Generally speaking, however, local
governments are usually responsible for the following:
Protection of persons and property: which includes the management of local policing and
firefighting services
Local transportation, such as management of public bus and rail services, as well as
municipal roadway construction and maintenance
Planning and development: including municipal zoning and
industrial/economic development
Public utilities: including the management of local sewage systems, water treatment, and
electric utilities
Local social-welfare services: such as management of local health, library and
educational facilities, and social assistance services.
Parks, recreation, and culture: including the development and management of local parks
and green spaces, public recreation facilities, as well as local art and cultural programs
and events.
Environment Canada
The purpose of Environment Canada is protecting the environment, conserving the country's
natural heritage, and providing weather and meteorological information to keep Canadians
informed and safe.
Environment Canada is building on its accomplishments with the environment through credible
science, effective regulations and legislation, successful partnerships, and high-quality service
delivery to Canadians.
41
Also the organization supports sound environmental decisions. It works to repair the damage of
the past, to collect and pass on knowledge, and to develop, implement and enforce policies to
prevent future issues. They also work to ensure that Canadians have a safe, clean and sustainable
environment today, tomorrow and well into the future.
Environment Canada is a diverse organization where the programs, services, and people lead the
way in implementing the Government of Canada’s environmental agenda.
preserve and enhance the quality of the natural environment, including water, air, soil,
flora and fauna;
conserve Canada's renewable resources;
conserve and protect Canada's water resources;
forecast daily weather conditions and warnings, and provide detailed meteorological
information to all of Canada;
enforce rules relating to boundary waters; and
Coordinate environmental policies and programs for the federal government.
Hierarchy
Minister
Deputy Minister
Associate Deputy Minister
Assistant Deputy Minister
Associate Assistant Deputy Minister
Director General
Director
Regional Director
Executive Director
Managers
Staff
42
Divisions
National Capital
Atlantic and Quebec regions (Atlantic Canada, Maritimes, Newfoundland and Labrador
and Quebec)
Ontario
West and North (Yukon, Nunavut, NWT, BC, and Prairies)
The department has several organizations which carry out specific tasks:
Enforcement Branch
Environmental Enforcement
Wildlife Enforcement
Environmental Stewardship Branch
Canadian Wildlife Service
Chemical Sectors
Energy and Transportation
Environmental Protection Operations
Legislative and Regulatory Affairs
Strategic Priorities
Meteorological Service of Canada (for weather forecasting; climate, air quality and water
monitoring)
Weather and environmental monitoring (Climate Monitoring, Water Survey of Canada)
Weather and Environmental Operations (Regional Weather Operations)
Weather and Environmental Prediction and Services (Defense Weather Services, Marine
and Ice Services [(Canadian Ice Service )], National Weather Predictions, Weather radio
Canada, a national system of emergency weather broadcast transmitters)
Canadian Hurricane Centre
Science and Technology Branch
Atmospheric and Climate Science
National Water Research Institute
National Pollutant Release Inventory
Wildlife and Landscape Science
Air Quality Mobile Source Emissions Measurement and Research
The Canadian Environmental Assessment Agency is an arms-length agency that reports to the
Minister of Environment
43
Parks Canada, which manages the Canadian National Parks system, was removed from
Environment Canada and became an agency reporting to the Minister of Heritage in 1998. In
2003, responsibility for Parks Canada was returned to the Minister of the Environment.
44
Organizational Chart: Environment Canada
Minister
Canadian Environmental Assessment Agency (CEAA) President
Parks Canada CEO
Deputy Minister
Senior Policy Advisor to the Deputy Minister and Associate Deputy Minister
Director General Audit and Evaluation
Director General of Communications
Senior General Counsel
Assistant Deputy Minister, Strategic Policy and Regional Directors General Offices
Director General - Strategic Policy
Director General - Economic Analysis
Director General - Intergovernmental and Stakeholder Relations
Director General – Sustainability
Regional Director General: Atlantic and Québec
Regional Director General: West and North
Regional Director General: Ontario
Assistant Deputy Minister, Environmental Stewardship
Director General - Legislation & Regulatory Affairs
Director General - Energy & Transportation
Director General - Industrial Sectors
Director General - Canadian Wildlife Service
Director General - Chemical Sectors
Director General - Environmental Protection Operations
Assistant Deputy Minister, Meteorological Service of Canada
Director General - Business Policy
Director General - Weather & Environmental Monitoring
Director General - Weather & Environmental Prediction & Services
Director General - Weather & Environmental Operations
Assistant Deputy Minister, Science & Technology
Director General - Water S&T
Director General - Atmospheric S&T
Director General - Wildlife & Landscape Science
Director General - Science & Risk Assessment
Director General - S&T Strategies
Director - Environmental Science and Technology Centre
45
Assistant Deputy Minister, Finance and Chief Financial Officer
Director General - Corporate Management
Director General - Finance Directorate
Director General - Integrated Enterprise Services
Director - Values, Integrity and Disclosure
Executive Director - Clean Air Agenda Results Management Secretariat
Assistant Deputy Minister, International Affairs
Director General - Multilateral & Bilateral Affairs
Director General – Americas
Director General - Climate Change International
Executive Director - Strategic Alignment
Assistant Deputy Minister, Human Resources
Director - EX Group Services and Programs
Director General - Strategic HR Planning, Performance Measurement, Integration and
Systems
Director General - Workforce Design and Resourcing
Director General - Workplace Relations, Compensation and Employee Development
Assistant Deputy Minister, Corporate Services
Director General - Major Projects and Supercomputing Directorate
Director General - Infrastructure Operations Directorate
Director General - Information Management Directorate
Director General - Business Applications and Solutions Directorate
Director General - Service Standards & Architecture Directorate (Office of the CIO)
Director General - Assets, Contracting & Environmental Management
Chief Enforcement Officer
Regional Director General: Corporate Secretariat
46
Role of Regions in the Environment
Canadian regional governments are responsible for the local protection of the environment to
ensure a good life quality as well they are responsible for conducting local plans and
development.
Finally they are responsible to ensure that all green spaces in their region are well secured and
valid for public, and that includes by default protecting all aspects of social welfare. However
this does not include any legislative duties or responsibilities, which means that issuing laws is
not the responsibility of the local government.
47
United States
The United States is a federal constitutional republic, in which the President of the United States
(the head of state and head of government), Congress, and judiciary share powers reserved to the
national government, and the federal government shares sovereignty with the state governments.
The executive branch is headed by the President and is independent of the legislature. Legislative
power is vested in the two chambers of Congress, the Senate and the House of Representatives.
The judicial branch (or judiciary) is composed of the Supreme Court and lower federal courts,
exercises judicial power. The judiciary's function is to interpret the United States Constitution
and federal laws and regulations. This includes resolving disputes between the executive and
legislative branches. The federal government's layout is explained in the Constitution. Two
political parties, the Democratic Party and the Republican Party, have dominated American
politics since the American Civil War, although there are also smaller parties like the Libertarian
Party, the Green Party, and the Constitution Party.
Executive Branch
The executive branch consists of the President and those to whom the President's powers are
delegated. The President is both the head of state and government and the military commander-
in-chief and chief diplomat. The President, according to the Constitution, must "take care that the
laws be faithfully executed", and "preserve, protect and defend the Constitution". The President
presides over the executive branch of the federal government.
The President may sign legislation passed by Congress into law or may veto it, preventing it
from becoming law unless two-thirds of both houses of Congress vote to override the veto. The
President may unilaterally sign treaties with foreign nations. However, ratification of
international treaties requires a two-thirds majority vote in the Senate. The President may be
impeached by a majority in the House and removed from office by a two-thirds majority in the
Senate for "treason, bribery, or other high crimes and misdemeanors". The President may not
dissolve Congress or call special elections but does have the power to pardon, or release,
criminals convicted of offenses against the federal government (except in cases of
impeachment), enact executive orders, and (with the consent of the Senate) appoint Supreme
Court justices and federal judges.
The Vice President is the second-highest executive official in rank of the government. As first in
the U.S. presidential line of succession, the Vice President becomes President upon the death,
resignation, or removal of the President. Under the Constitution, the Vice President is President
of the Senate. By virtue of this role, he or she is the head of the Senate. In that capacity, the Vice
President is allowed to vote in the Senate, but only when necessary to break a tie vote. Pursuant
to the Twelfth Amendment, the Vice President presides over the joint session of Congress when
it convenes to count the vote of the Electoral College. While the Vice President's only
constitutionally prescribed functions, aside from presidential succession, relate to his or her role
48
as President of the Senate, the office is now commonly viewed as a member of the executive
branch of the federal government.
The day-to-day enforcement and administration of federal laws is in the hands of the various
federal executive departments, created by Congress to deal with specific areas of national and
international affairs. The heads of the 15 departments, chosen by the President and approved
with the "advice and consent" of the U.S. Senate, form a council of advisers generally known as
the President's "Cabinet". In addition to departments, a number of staff organizations are grouped
into the Executive Office of the President. These include the White House staff, the National
Security Council, the Office of Management and Budget, the Council of Economic Advisers, the
Council on Environmental Quality, the Office of the U.S. Trade Representative, the Office of
National Drug Control Policy and the Office of Science and Technology Policy. The employees
in these United States government agencies are called federal civil servants.
There are also independent agencies such as the United States Postal Service, the National
Aeronautics and Space Administration (NASA), the Central Intelligence Agency (CIA), the
Environmental Protection Agency, and the United States Agency for International Development.
In addition, there are government-owned corporations such as the Federal Deposit Insurance
Corporation and the National Railroad Passenger Corporation.
States governments have the power to make laws for all citizens that are not granted to the
federal government or denied to the states in the U.S. Constitution. These include education,
family law, contract law, and most crimes. Unlike the federal government, which only has those
powers granted to it in the Constitution, a state government has inherent powers allowing it to act
unless limited by a provision of the state or national constitution.
Like the federal government, state governments have three branches: executive, legislative, and
judicial. The chief executive of a state is its popularly elected governor, who typically holds
office for a four-year term (although in some states the term is two years). Except for Nebraska,
which has unicameral legislature, all states have a bicameral legislature, with the upper house
usually called the Senate and the lower house called the House of Representatives, the House of
Delegates, Assembly or something similar. In most states, senators serve four-year terms, and
members of the lower house serve two-year terms.
The constitutions of the various states differ in some details but generally follow a pattern similar
to that of the federal Constitution, including a statement of the rights of the people and a plan for
organizing the government. However, state constitutions are generally more detailed.
49
Environmental Protection Agency (EPA)
The United States Environmental Protection Agency (EPA or sometimes USEPA) is an agency
of the U.S. federal government which was created for the purpose of protecting human health
and the environment by writing and enforcing regulations based on laws passed by Congress.
The EPA was proposed by President Richard Nixon and began operation on December 2, 1970,
after Nixon signed an executive order. The order establishing the EPA was ratified by committee
hearings in the House and Senate. The agency is led by its Administrator, who is appointed by
the president and approved by Congress.
The EPA has its headquarters in Washington, D.C., regional offices for each of the agency's ten
regions, and 27 laboratories. The agency conducts environmental assessment, research, and
education. It has the responsibility of maintaining and enforcing national standards under a
variety of environmental laws, in consultation with state, tribal, and local governments. It
delegates some permitting, monitoring, and enforcement responsibility to U.S. states and the
federal recognized tribes. EPA enforcement powers include fines, sanctions, and other measures.
The agency also works with industries and all levels of government in a wide variety of
voluntary pollution prevention programs and energy conservation efforts.
The agency has approximately 15,193 full-time employees and engages many more people on a
contractual basis. More than half of EPA human resources are engineers, scientists, and
environmental protection specialists; other groups include legal, public affairs, financial, and
information technologists.
50
Office of the Administrator
The Office of the Administrator (AO) provides executive and logistical support for the EPA
Administrator. AO supports the leadership of EPA's programs and activities to protect human
health and the environment.
The Office of Administration and Resources Management (OARM) provides national leadership,
policy, and management of many essential support functions for the Agency, including human
resources management, acquisition activities (contracts), grants management, and management
and protection of EPA’s facilities and other critical assets nationwide.
The Office of Air and Radiation (OAR) develops national programs, policies, and regulations for
controlling air pollution and radiation exposure. OAR is concerned with pollution prevention and
51
energy efficiency, indoor and outdoor air quality, industrial air pollution, pollution from vehicles
and engines, radon, acid rain, stratospheric ozone depletion, climate change, and radiation
protection. OAR is responsible for administering the Clean Air Act, the Atomic Energy Act, the
Waste Isolation Pilot Plant Land Withdrawal Act, and other applicable environmental laws.
Using sound science as a compass, OCSPP’s mission is to protect you, your family, and the
environment from potential risks from pesticides and toxic chemicals. Through innovative
partnerships and collaboration, we also work to prevent pollution before it begins. This reduces
waste, saves energy and natural resources, and leaves our homes, schools and workplaces cleaner
and safer. OCSPP implements the
OCFO formulates and manages EPA’s annual budget and performance plan, coordinates EPA’s
strategic planning efforts, develops EPA’s annual Performance and Accountability Report, and
implements the Government Performance and Results Act. OCFO also provides financial
services for the Agency and makes payments to EPA grant recipients, contractors, and other
vendors.
The office provides policy, reports, and oversight essential for the financial operations of EPA
and has responsibility for information technology planning, development, and deployment of
financial and resources management systems for the Agency. OCFO’s Center for Environmental
52
Finance assists the public and private sectors in the search for creative approaches to funding
environmental programs, projects and activities.
Office of Budget
Office of Planning, Analysis and Accountability
Office of Financial Management
Office of Technology Solutions
Office of Financial Services
Office of Resource and Information Management
Center for Environmental Finance
The Office of Enforcement and Compliance Assurance (OECA) aggressively goes after pollution
problems that make a difference in communities through vigorous civil and criminal enforcement
that targets the most serious water, air and chemical hazards. OECA also advances
environmental justice by protecting vulnerable communities.
OECA is resetting our relationship with states to make sure we are delivering on our joint
commitment to a clean and healthy environment.
Through improved transparency and community participation, we are enlisting the public’s
assistance to ensure compliance nationwide, and that no entity enjoys an unfair economic
advantage from noncompliance with the nation’s environmental laws.
OECA works with EPA regional offices and in partnership with state and tribal governments,
and other federal agencies to enforce the nation’s environmental laws, including:
53
Programs and projects managed by OECA:
Strategic planning:
Programs:
Environmental justice
Compliance
Enforcement
Governmental collaboration
National Environmental Policy Act (NEPA)
54
Enforcement and Compliance at EPA
Introduction
The Office of Enforcement and Compliance Assurance (OECA) aggressively goes after
pollution problems that make a difference in communities through vigorous civil and
criminal enforcement that targets the most serious water, air and chemical hazards.
OECA also advances environmental justice by protecting vulnerable communities.
This document is going to tackle only four offices that are under the OECA and give a
briefing on their programs. The offices are:
The Office of Civil Enforcement (OCE) develops and prosecutes administrative civil and
judicial cases and provides legal support for cases and investigations initiated in EPA
regions. OCE directly implements and enforces federal programs, i.e., those where there
are no EPA-authorized state programs. OCE also has responsibility for planning and
setting priorities for enforcement activities, developing national enforcement policy and
guidance, participating in Agency rule-making to ensure that regulations contain clear
and enforceable provisions, and implementing effective communication to alert regulated
entities to potential compliance problems.
55
2. Office of Criminal Enforcement, Forensics and Training (OCEFT)
Programs and projects managed by the Office of Criminal Enforcement, Forensics and
Training
The Office of Environmental Justice (OEJ) works to protect human health and the
environment in communities overburdened by environmental pollution by integrating
environmental justice into all EPA programs, policies and activities. Environmental
justice is the fair treatment and meaningful involvement of all people, particularly
minority, low-income and indigenous populations, in the environmental decision-making
process.
Enforcement Information
Enforcing environmental laws is an integral part of EPA's Strategic Plan to protect human
health and the environment. EPA works to ensure compliance with environmental
requirements and, when warranted, will take civil or criminal enforcement action.
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One of EPA's top priorities is to expand the conversation on work for environmental
justice (EJ). EPA is integrating EJ into enforcement and compliance planning and
program implementation, case targeting and development of remedies to benefit
overburdened communities.
Enforcement Goals
The goals of enforcement can simply be put as tough civil and criminal enforcement for
violations that threaten communities and the environment. And this is described as
ensuring the following:
Clean water: cut raw sewage, animal waste, and polluted storm water runoff;
protect drinking water
Clean air: reduce pollution from largest sources, cut toxic air pollution
Clean energy and climate: focus on energy sector compliance with air, water and
waste rules; assure GHG rule compliance
Clean communities: protect people from exposure to hazardous chemicals and
require polluters to pay for cleanup of contaminated sites
Pursue criminal violations that threaten human health and the environment or that
undermine the integrity of environmental protection programs
Advance environmental justice and protect overburdened communities
Enforcement Programs
Civil enforcement: protects human health and the environment by taking legal action to
bring polluters into compliance with the law.
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Civil Administrative Actions are non-judicial enforcement actions taken by EPA or a
state under its own authority, without involving a judicial court process. An
administrative action by EPA or a state agency may be in the form of:
Civil Judicial Actions: are formal lawsuits, filed in court, against persons or entities that
have failed to comply with statutory or regulatory requirements, with an administrative
order, or who owe EPA response costs for cleaning up a Superfund site. These cases are
filed by the U.S. Department of Justice on behalf of EPA and, in regulatory cases, by the
State's Attorneys General for the states as well.
Criminal Actions: can occur when EPA or a state enforce against an entity or person
through a criminal action, depending on the nature and severity of the violation. Criminal
actions are usually reserved for the most serious violations, those that are willful, or
knowingly committed. A court conviction can result in the imposition of fines or
imprisonment.
Civil Enforcement
Injunctive Relief: requires a regulated entity to perform, or refrain from performing, some
designated action, and to come into and maintain, compliance with those environmental
laws.
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Criminal Enforcement
Criminal Penalties: are federal, state or local fines that may be imposed by a Judge at the
sentencing. In addition to criminal penalties, the defendant may be ordered to pay
restitution to those affected by the violation. For example, a defendant may be ordered to
pay a local fire department the cost of responding to and containing a hazardous waste
spill.
The Office of Compliance (OC) identifies, prevents, and reduces noncompliance and
environmental risks by establishing enforcement initiatives and ensuring effective
monitoring and assessment of compliance. OC provides compliance assistance and
compliance data and ensures the effectiveness of compliance and enforcement personnel
through training.
What is compliance?
Compliance simply means conformity with environmental laws and regulations. EPA
uses various methods to achieve compliance, including compliance assistance,
compliance monitoring and compliance incentives.
Compliance monitoring: is protecting human health and the environment by ensuring that
the regulated community obeys environmental laws/regulations through on-site visits by
qualified inspectors and reviewing information EPA or a state/tribe requires to be
submitted.
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Compliance incentives: encourage government, industry and business facilities to assess
their overall compliance with environmental requirements and voluntarily correct and
report compliance problems. EPA’s incentive programs include the Audit Policy (Self-
Policing Policy), environmental management systems, pollution prevention, the small
business policy, the small communities policy and other innovations.
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Office of Environmental Information (OEI)
OEI, headed by the Chief Information Officer, manages the life cycle of information to support
EPA's mission of protecting human health and the environment. We identify and implement
innovative information technology and information management solutions that strengthen EPA's
ability to achieve its goals. We ensure the quality of EPA's information, and the efficiency and
reliability of EPA's technology, data collection and exchange efforts, and access services. We
provide technology services and manage EPA’s IT investments.
The Office of General Counsel (OGC) is the chief legal adviser to EPA, providing legal support
for Agency rules and policies, case-by-case decisions (such as permits and response actions), and
legislation.
In addition, OGC lawyers, together with attorneys in the U.S. Department of Justice's
Environment and Natural Resources Division, represent the Agency in court challenges to
agency actions (such as regulations), appeals of enforcement cases, and Supreme Court
litigation. OGC lawyers carry out these functions not only with respect to EPA’s environmental
programs, but also in connection with EPA’s day-to-day operations, including entering into
contracts, awarding grants, managing property and money, and working with EPA’s employees.
The primary role of OGC lawyers is to provide legal advice to EPA and to articulate the
Agency’s legal positions in the federal courts and before other tribunals and organizations.
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Water Law Office
Ethics Office
EPA's Office of International and Tribal Affairs (OITA) plays a crucial role in advancing the
United States' international environmental priorities. Working with the experts from EPA's other
program and regional offices, other government agencies, and other nations and international
organizations, OITA identifies international environmental issues and helps implement technical
and policy options to address them.
OITA is comprised of a multi-disciplinary staff that respect and reflect the diversity of the global
community.
OITA’s mission is to protect human health and environment while advancing U.S. national
interests through international environmental collaboration.
OITA also includes the American Indian Environmental Office (AIEO), which leads and
coordinates the Agency-wide effort to strengthen public health and environmental protection in
Indian country, with a special emphasis on helping tribes administer their own environmental
programs.
Science at EPA provides the foundation for credible decision-making to safeguard human health
and ecosystems from environmental pollutants. The Office of Research and Development (ORD)
is the scientific research arm of EPA, whose leading-edge research helps provide the solid
underpinning of science and technology for the Agency.
ORD supports six research programs that identify the most pressing environmental health
research needs with input from EPA offices, partners and stakeholders. Strategic Research
Action Plans outline the research under way in the programs. The research is conducted by
ORD’s three national laboratories, four national centers, and two offices located in 14 facilities
across the country and in Washington, DC.
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Chemical Safety for Sustainability Research Program
Human Health Risk Assessment Program
Homeland Security Research Program
Safe and Sustainable Water Resources Research Program
Sustainable and Healthy Communities Research Program
The Office of Solid Waste and Emergency Response provide policy, guidance and direction for
the Agency's emergency response and waste programs. We develop guidelines for the land
disposal of hazardous waste and underground storage tanks. We provide technical assistance to
all levels of government to establish safe practices in waste management.
We administer the Brownfields program which supports state and local governments in
redeveloping and reusing potentially contaminated sites. We also manage the Superfund
program, which responds to abandoned and active hazardous waste sites and accidental chemical
releases. Finally, we encourage innovative technologies to address contaminated soil and
groundwater.
Brownfields
Cleanups
Emergency Management & Response
Federal Facilities Cleanup
Innovations Initiative
Integrated Cleanup Initiative
OSWER Community Engagement Initiative
Renewable Energy on Contaminated Lands, Landfills and Mine Sites
Risk Assessment
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Superfund
Sustainable Materials Management
Underground Storage Tanks
Waste
The Office of Water (OW) ensures drinking water is safe, and restores and maintains oceans,
watersheds, and their aquatic ecosystems to protect human health, support economic and
recreational activities, and provide healthy habitat for fish, plants, and wildlife.
OW is responsible for implementing the Clean Water Act and Safe Drinking Water Act, and
portions of the Coastal Zone Act Reauthorization Amendments of 1990, Resource Conservation
and Recovery Act, Ocean Dumping Ban Act, Marine Protection, Research and Sanctuaries Act,
Shore Protection Act, Marine Plastics Pollution Research and Control Act, London Dumping
Convention, the International Convention for the Prevention of Pollution from Ships and several
other statutes.
Headquartered in Washington, DC, the Office of Water works with the ten EPA regional offices,
other federal agencies, state and local governments, American Indian tribes, the regulated
community, organized professional and interest groups, land owners and managers, and the
public-at-large. OW provides guidance, specifies scientific methods and data collection
requirements, performs oversight and facilitates communication among those involved. OW
helps the states and American Indian tribes to build capacity, and water programs can be
delegated to them for implementation.
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Office of Wetlands, Oceans and Watersheds
Hierarchy of EPA
Administrator
Deputy Administrator
Assistant Administrator (Head of Office)
Deputy Assistant Administrator
Director (Head of Sub office)
Associate Director
Chief Officer
Officers
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Cases Comparison and Conclusion
In Switzerland, like any other federal country, dealing with the environment is considered
as an issue on the community level, which means, according to our understanding to the
role of cantons in general, that a great deal of delegation is going to be given to the
cantons to deal with the environmental policies and regulation.
By saying delegation we don’t mean just to execute enforcement laws put by the central
Ministry of Environment, but rather we are saying that cantonal governments can issue
their own regional laws according to its needs and priority. In addition to that, local
government can enforce its own fees and taxations under its own jurisdiction.
However In Germany we can’t say that the situation is the same as Switzerland, because
of the strong central state where in that case, the role of the Landers in issuing any laws is
restricted by the Basic Law (The German Constitution). Therefore we can only say that
the regional government is only responsible for implementing the government’s policies
and regulations.
The Canadian regional governments on the other hand are responsible for the local
protection of the environment to ensure a good life quality as well they are responsible
for conducting local plans and development.
Finally they are responsible to ensure that all green spaces in their region are well secured
and valid for public, and that includes by default protecting all aspects of social welfare.
However this does not include any legislative duties or responsibilities, which means that
issuing laws is not the responsibility of the local government.
In USA states have their independence as well, therefore we can say that EPA does
actually legislate laws and regulations, however the states do have their margin to enforce
their own regulations to secure their local needs.
Connecting this to Yemen we conclude that since it is going through the birth of a new
governmental system, the regime and the population does not know whether the new
established states have the sustainability to perform independently from the central
government. Therefore we recommend to keep the power of issuing laws and regulation
to the central government and only delicate the law enforcement actions to the regions,
however if the states later on proved to be sustainable enough to secure themselves at any
stage, then and only then, it would be appropriate to start considering delectating more
power and authority to the regional governments.
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