Exploration of Legal and Ethical Business Practices-Environmental Responsibility by

#1 - Professional Perspective

kduke4_1 — 2023-12-12 20:29:57 UTC

In the business world, environmental stewardship, community responsibility and diversity are some of the most important outward facing factors. Practicing all of these tenants create a healthy and well rounded business that can adapt in any situation. Environmental stewardship allows a company to remain renewable and community responsibility can keep them in favorable view of the public eye. Those who stand to benefit from this would be any potential hiring managers, environmental safety administrators and public outreach and other outward facing managers. I chose this topic to highlight the importance of these facets in the modern business world, and how they can create intangible benefits for a company such as reputation, good faith and perceptions.

#2 - Governing Agency

kduke4_1 — 2023-12-12 20:30:29 UTC

The Environmental Protection Agency or EPA is responsible for making sure that all businesses are adhering to environmental standards and properly reporting all necessary data to keep tabs on environmental impact.
To maintain community responsibility, agencies such as the Corporation for National and Community Service help to make sure relationships between businesses and communities are maintained. This has an added benefit to communities as they find protections and good faith in cooperative companies, while businesses receive a positive image in the eyes of the public.

US EPA, OP. “Laws and Executive Orders.” US EPA, 22 Feb. 2013, www.epa.gov/laws-regulations/laws-and-executive-orders#majorlaws.

#3 - Federal and State Constitutional Laws

kduke4_1 — 2023-12-12 20:31:00 UTC

US: Resource Conservation and Recovery Act (U.S. Const. amend. XLII)

State: The Texas Commission on Environmental Quality (Texas Const. art. 30)

Environmental responsibility is a big deal not only in Texas but throughout the United States. It has become apparent that how we do business can have an impact on the environment so we must make every effort to remedy or improve the situations. The TCEQ holds businesses to regulations within the state to make sure that environmental impact is monitored. The resource conservation and recovery act does this on more of a national level, but is aligned with the same goals. A business that understands its responsibilities to the environment shows that they are not only focused on themselves but also on the future.

#4 - Statutes and Administrative Laws

kduke4_1 — 2023-12-12 20:31:23 UTC

Statute: Emergency Planning and Community Right-to-Know Act - Pub. L. 99–499, title III, §301, Oct. 17, 1986, 100 Stat. 1729

Administrative law: National Environmental Policy Act - The National Environmental Policy Act of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.]

Planning for emergencies can include considerations for a company’s environmental impact, and it is important for communities to be aware. On the same coin, diversity has become a hot-button issue that must be discussed especially with the communities it will most closely affect.

A policy that makes special note of the people it will affect is one that can be counted on for ethical practice and considerations.

#7 - Local Policy

kduke4_1 — 2023-12-12 22:36:51 UTC

Stormwater management policy-Angelo State University

Through this enacted plan and policy, Angelo State University measures and creates report on the campus’ rain runoff and water relocation efficiency. In a climate like West Texas with long gaps between rains, the ground can become more water repellant and cause flooding when rain does fall. Angelo State University is committed to combating this as an organization.

Angelo State University Stormwater Management Program, TPDES No. TXR040000 (October, 2014).

#5 - Case Ruling

kduke4_1 — 2023-12-12 23:48:51 UTC

Cooper Industries v. Aviall Services, 543 U.S. 157 (2004)

By the precedent set in this court case, companies are potentially liable for their environmental impact even if the property in which an impact was made is no longer in their possession. In this case, Cooper Industries was made liable for environmental concerns that were not made known to Aviall Industries prior to the sale and purchase of a property transaction between the two. “Cooper Industries… recover expenses that Aviall has incurred in cleaning up property that Aviall purchased from Cooper (Olsen).

#6 - Regulations and Mandates

kduke4_1 — 2023-12-12 23:49:49 UTC

National Environmental Policy Act by the Small Business Association - National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq.

Through this mandate, there were policies put in place to make sure that businesses not only are responsible for their environmental impact but also take responsibility for their actions. While most policies and regulations are words on paper, this policy takes action.

“National Environmental Policy Act | U.S. Small Business Administration.” Www.sba.gov, www.sba.gov/document/sop-90-57-national-environmental-policy-act. Accessed 8 Dec. 2023.

#8 - Risk Management

kduke4_1 — 2023-12-13 03:47:26 UTC

Asses environmental impact within the business

If your business comes into contact with the environment in any way, leadership needs to be aware of the effects and able to curb them.

Apply leadership to the environmental plan

Once leadership is involved, a proper plan can be made. The best time to make a plan for your business’ environmental impact was yesterday, the second best time is today. You must take past, present and future data into account when handling environmental impact (NASA).

Control the environmental risks

With a plan in hand, the environmental impact can be assessed and mitigated. Once leadership focuses the organization onto the problem at hand, the recurring benefits are a lessened environmental impact.

Environmental Planning and Impact Assessment | National Aeronautics and Space Administration. (n.d.). Code200-External.gsfc.nasa.gov. Retrieved December 13, 2023, from https://code200-external.gsfc.nasa.gov/250/environmental/environmental-planning-and-impact-assessment

#9 - Ethical Principle

kduke4_1 — 2023-12-13 03:48:40 UTC

A huge factor to success in an environmental plan is a company’s accountability. If you are able to learn from mistakes and modify the plan to account for them, all the while accepting the responsibility of the failings of the initial plan then you will succeed. Every company that has dealings with environmental impact have the same obligations to report failings, have a plan in place and answer for their mistakes (40 CFR parts 1500-1508).

#10 - Personal Connection

kduke4_1 — 2023-12-13 03:49:09 UTC

As someone who is hoping one day to run their own business, being able to research the laws of environmental gave me a leg up when that day comes. I had not thought that environmental responsibility had legal aspects, but more just a ethical responsibility to give back to our community. Now I am able to refer to tangible knowledge I have and make sure that I apply to and am in compliance with the laws. This research gave me opportunities for new and expanded study. When receiving my undergraduate degree, I took a Legal and Ethical Environments of Business course. However, I had this course at the height of the pandemic and the course struggled to cover all the material that would have been covered in a normal circumstance. As I started this course, I knew I would struggle since I did not have the strong that I should. I set out to learn as much as possible and catch up on the things that I missed due to the chaos and stress of the pandemic impacting education at the time.

#11 Recommendations/Best Practices

kduke4_1 — 2023-12-13 03:49:32 UTC

Use environmental suppliers and manufacturers
Reduce usage of paper and packaging materials
Institute recycling and water saving policies
Educate employees and consumers on environmental responsibility
Accountability and regular monitoring of product usage
Participate in community environmental projects

Environmental Responsibility

kduke4_1 — 2023-12-13 03:52:28 UTC

In the world of social media, businesses not being good stewards of the economy or failing to give back to the community draw negative and unwanted attention. It could even result in being ‘cancelled’. However, this should not be the only reason that companies implement environmentally healthy practices or care for their community. This is an ethical dilemma. It is important that businesses do things like implement responsible material outsourcing, reduce waste, and develop eco-friendly habits. Although not an obligation, it is also valuable that companies give back to the community that supports them. This could include things like donating to charities, supporting local school systems and activities, provide mentorship for young entrepreneurs, or host events to bring the community together for a good cause. Both environmental stewardship and community participation are ethical ways that businesses make a positive impact and market their business in a good light.

Battisti, Martina, and Martin Perry. “Walking the Talk? Environmental Responsibility from the Perspective of Small-Business Owners.” Corporate Social Responsibility and Environmental Management, vol. 18, no. 3, May 2011, pp. 172–185, https://doi.org/10.1002/csr.266. Accessed 5 Dec. 2019.

Citations

kduke4_1 — 2023-12-13 04:26:45 UTC

Angelo State University Stormwater Management Program, TPDES No. TXR040000 (October, 2014).

Battisti, M., & Perry, M. (2011). Walking the talk? Environmental responsibility from the perspective of small-business owners. Corporate Social Responsibility and Environmental Management, 18(3), 172–185. https://doi.org/10.1002/csr.266

Cooper Industries v. Aviall Services, 543 U.S. 157 (2004)

National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq.

National Environmental Policy Act | U.S. Small Business Administration. (n.d.). Www.sba.gov. Retrieved December 8, 2023, from https://www.sba.gov/document/sop-90-57-national-environmental-policy-act

Norbash, A., & Kadom, N. (2020). The Business Case for Diversity and Inclusion.

Pub. L. 99–499, title III, §301, Oct. 17, 1986, 100 Stat. 1729

The National Environmental Policy Act of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.]

US EPA, OP. “Laws and Executive Orders.” US EPA, 22 Feb. 2013, www.epa.gov/laws-regulations/laws-and-executive-orders#majorlaws.

(Texas Const. art. 30)

(U.S. Const. amend. XLII)