This chapter outlines the Role of the Regulator in the Alternative Path. The role of the regulator is set forth in a evolutionary context. The historical functions and roles of federal, state, and local regulators will be modified by eliminating some functions, altering others, and creating entirely new functions. The role of the regulator will change commensurate with the evolutionary changes in the environmental protection and enhancement system. Regulators operate and behave in the tight construct of their applicable rules, bound to implement their programs in a disciplined and fair manner, fully documented on the public record.
Discretion is quite limited in order to ensure equities for all parties.
The following sections explain the general transition from the current regulatory system to the Aspen Series vision of the Alternative Path. For each stage of transition, the role of the regulator is identified. The current environmental protection and enhancement system is prescribed in numerous single-media federal statues, elaborated by highly complex rules and regulations. The role of the regulator in the current system is tightly focused on the narrow and immediate implementation of rules to a particular situation, or to a particular application to release pollutants to the environment. That this system has produced such dramatic improvement in environmental conditions in America is testimony to the strong spirit of compliance with the rule of law and the public recognition of the value of a quality environment.