Insider Threats Aff/Neg Wave 2 – cffp thanks to: Josh S. Josh B. Hannah B. Mark for their hard work on this file. Whistleblowers Advantage


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Insider Threats Aff/Neg Wave 2 – CFFP


Thanks to:

Josh S.

Josh B.

Hannah B.

Mark

for their hard work on this file.

Whistleblowers Advantage

General Extensions



1AC/2AC Whistleblowers K Solve



Governmental regulations aren’t enough – whistleblowers provide an essential check to ensure environmental enforcement


Becker 14

(Emily, J.D. cum laude, Harvard Law School, “Calling Foul: Deficiencies in Approaches to Environmental Whistleblowers and Suggested Reforms,” 6 Wash. & Lee J. Energy, Climate & Env’t. 65pg online @ http://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=1085&context=jece //um-ef)

Though regulating any industry is difficult, regulating the environmental industry poses unique challenges.55 Whistleblowers are important in all sectors, but whistleblowers play a crucial role in the environmental sector.56 Though all whistleblowers face obstacles, there is a particular subset of challenges that many whistleblowers in the environmental sector must face.57 This subsection explains: (1) the challenges of regulating the environmental sector,58 (2) the potential for whistleblowers to increase compliance with environmental regulations,59 and (3) the unique difficulties environmental whistleblowers face.60 1. Challenges of Regulating the Environmental Sector The environmental sector is difficult to regulate because: (1) environmental dangers can be hard to monitor; 61 (2) enforcement of environmental regulations tends to be costly and is often dependent upon industry self-reporting; 62 (3) regulated entities often have a financial incentive not to comply with environmental laws; 63 and (4) environmental harm is timesensitive and difficult to reverse.64 Part of this difficulty enforcing environmental regulations comes from the very nature of environmental harms, which tend to be hard to detect and trace back to their source.65 Another challenge comes from the fact that emission levels may vary over space and time.66 A further challenge comes from the fact that many small polluters that are individually difficult to monitor can collectively pose a very real threat.67 These difficulties make environmental controls highly technical, posing another challenge: Regulators must have expertise and access to hightech tools to establish effective pollution regulation controls based on the type of pollutant. 68 Because of the challenges of enforcing environmental regulations, government-regulated monitoring efforts are expensive.69 In an effort to reduce the cost of enforcement, some regulatory approaches, such as subsidies, deposit-refunded systems, and information disclosure, shift the burden of proof onto the regulated industry.70 Though less costly, these approaches make regulators dependent on industry self-reporting and create the potential for an industry to misreport its pollutant levels.71 The potential that self-reported data will be misreported or that industries will subvert official monitoring by engaging in illegal practices, such as tampering with monitoring equipment or dumping illegally, poses a serious threat because industries often profit from noncompliance.72 Under the theory of efficient breach, companies may be willing to break environmental laws where noncompliance is less costly than compliance because regulations go under-enforced.73 Not only are environmental harms hard to monitor, costly to regulate, and susceptible to “efficient breach,” environmental harms are also time-sensitive.74 Indeed, environmental harms jeopardize public health, and the longer harms continue, the greater health risk these harms pose. 75 Moreover, it is usually far easier to prevent an environmental harm than to clean up after one; some environmental harms are effectively irreversible.76 Thus, regulators often need to act quickly to be effective. 2. Whistleblowers Can Facilitate Regulation of the Environmental Sector Whistleblowers can help regulators overcome the aforementioned challenges. First, whistleblowers that work as employees of regulated industries have the technical skills and knowledge that make them effective internal monitors.77 Moreover, whistleblowers increase compliance with little or no additional cost to the taxpayer because they are private citizens rather than official monitors.78 By increasing “the likelihood that polluters will be penalized,” 79 whistleblowers can quell the danger of efficient breach by helping to ensure that noncompliance is more costly than compliance.80 Finally, internal whistleblowers often learn of violations as they are happening and can act quickly to contain or even prevent a time-sensitive environmental harm.81 Likewise, whistleblowers in the media can write a quick article that alerts community members of potential threats before regulators have time to act.82 In these ways, environmental whistleblowers have the potential to increase compliance with environmental laws. 3. Challenges Faced by Environmental Whistleblowers Despite the need for whistleblowers in the environmental sector and the financial savings they can provide, several features of the environmental sector make being an whistleblower especially challenging.83 One problem is that most definitions of who is considered a “whistleblower” cover only individuals who report on traditional types of misconduct, such as waste, fraud, abuse of authority, and actions that pose an imminent threat to public health and safety.84 However, potential environmental whistleblowers often encounter wrongdoing not covered by protective statutes, such as the suppression of results of emissions analyses and the use of skewed methodologies or inferior data.85 Relatedly, because scientific findings can be uncertain and contentious, potential environmental whistleblowers may be unclear as to whether they can or should publish controversial work in journals or newspapers.86 Second, the environmental sector has what is known as a “revolving door” problem, a phrase that describes how individuals often work both as regulators and as employees of regulated industries during their career.87 Though there is a benefit to having experience in both sectors, often “revolving-door officials develop or direct policies that benefit a former or prospective employer.”88 Even those that do not actively attempt to benefit an employer may be unduly cautious in what they are willing to say or do because they are concerned about their job prospects.89 Third, while whistleblowers in other industries may be able to stop wrongdoing by reporting internally, it is much more difficult for environmental whistleblowers to rely on internal reporting alone. This is because unlike other types of wrongdoing, environmental wrongdoing often has adverse effects on third parties and often creates lingering harms. 90 Thus, environmental whistleblowers that report internally may inadvertently enable their employers to avoid compensating third-party victims or to avoid paying the costs of environmental cleanup.91 To ensure that the situation is fully remedied, environmental whistleblowers therefore often need to report externally or otherwise publicize the wrongdoing.92

Key to Enforcement



And, they are key to ensure compliance with federal laws


Becker 14

(Emily, J.D. cum laude, Harvard Law School, “Calling Foul: Deficiencies in Approaches to Environmental Whistleblowers and Suggested Reforms,” 6 Wash. & Lee J. Energy, Climate & Env’t. 65pg online @ http://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=1085&context=jece //um-ef)

Whatever the whistleblower’s motives for reporting, and society’s view, whistleblowers are absolutely necessary and essential to help protect public interests in this country. In the past, whistleblowers have exposed a multitude of scandals, injustices and illegal activities in the government and in private organizations.30 Furthermore, the government depends on whistleblowers to help enforce public laws.31 Whistleblowers serve as “much needed” supplements to the government’s efforts to gain compliance with the laws.32 The United States has some of the “most stringent environmental laws of all industrialized nations.”33 Despite strict environmental laws, and strict enforcement, there is widespread non-compliance and failed enforcement by government regulators.34 Compliance with environmental laws is essential to “maintain or improve existing living conditions, and benefits public health and safety.”35 Environmental laws are designed to be and sometimes are the only safeguards between society and dangerous pollutants.36 However, environmental laws are not effective when they are not adequately enforced.37 One aspect associated with the difficulty of enforcement of environmental laws is the high cost of uncovering environmental non-compliance and gathering the evidence of noncompliance.38 Employees of organizations are in an excellent position to point out noncompliance. Employees are the most familiar with their workplace and have the most knowledge regarding that what goes on there.39 Congress has found that employees are one of the best sources of information to find out “what a company is actually doing.”40 Whistleblowers often “know more than the best conceived government inspection system.”41 Sometimes, management and governmental authorities, despite having knowledge of the legal standards and operations of the respective organizations, do not know when or how violations are occurring.42 Occasionally, only the employees are actually in a position to report the violations.43 Generally, as reporting increases, compliance with environmental laws increases as well. Reporting is proven to “dramatically increase compliance with the environmental laws.”44 Not only that, the costs of enforcement goes down as well.45 Whistleblowers aid in achieving compliance without requiring any additional public funding.46 Congress has recognized this savings evidenced by the inclusion of whistleblower protection in at least eight of its environmental acts.47


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