Command and control regulation

'Command and Control' (CAC) regulation finds common usage in academic literature and beyond. The relationship between CAC and environmental policy is considered in this article, an area that demonstrates the application of this type of regulation. However, CAC is not limited to the environmental sector and encompasses a variety of different fields.

Command and Control (CAC) Regulation can be defined as “the direct regulation of an industry or activity by legislation that states what is permitted and what is illegal”. This approach differs from other regulatory techniques, e.g. the use of economic incentives, which frequently includes the use of taxes and subsidies as incentives for compliance. The ‘command’ is the presentation of quality standards/targets by a government authority that must be complied with. The ‘control’ part signifies the negative sanctions that may result from non-compliance e.g. prosecution.

CAC encompasses a variety of methods. Influencing behaviour through: laws, incentives, threats, contracts and agreements. In CAC, there is a perception of a problem and the solution for its control is developed and subsequently implemented.

In the case of environmental policy and regulation, the CAC approach strongly relies on the use of standards to ensure the improvements in the quality of the environment. The CAC approach uses three main types of standards. These are ambient standards, emission standards, and technology standards. Although these standards can be used individually, it is also possible to use the standards in combination. In fact, in most pollution control programs, it is the case where there is a combination of standards being implemented.

Although environmental policy has a long history, a proliferation of policy making in this area occurred in the 1970s and continued to today. The CAC approach dominated policy in industrial nations during this decade because the general focus was on that of remedial policies rather than more comprehensive prevention techniques. Whilst many view CAC negatively, direct regulatory control is still used in many countries' environmental policy.

To deliver its objectives, direct regulation must ensure the highest level of compliance possible. This can be achieved through appropriate implementation and enforcement. Non-compliance to CAC regulation presents a serious challenge to its effectiveness The manner in which CAC is enforced differs between countries. For example, in the USA, some regulators who are tasked with implementing CAC techniques are given rule-making powers. Whereas in the UK, regulatory standards are more commonly set by departments of government. This is achieved through both primary and secondary legislation which is subsequently exacted by regulatory bureaucracies. Regulation differs within countries as well, in the UK the current regulatory sanctioning system possesses variations between powers and practices among regulators. Enforcement of CAC often involves the use of uniform sanctions, this can result in small businesses feeling the burdens of regulation more severely than companies of a larger size.

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