| Brian Milani Mindful Markets, Value Revolution and the Green Economy: EPR, Certification and the New Regulation  Under the radar of mass media and
  mainstream academia, a value revolution is taking place that is promising to
  transform humanity’s very notions of wealth and economic development.
  Expressed in an explosion of both traditional academic indicators and
  innovative new quality-of-life and sustainability measures, this value
  revolution is not simply revealing previously invisible “full costs” of
  production, but also “redefining progress” more
  positively—from quantity to quality.  Economically, our ways of growing and
  distributing food, providing & using energy, building buildings, making
  and exchanging clothing, etc. are being reexamined not only to reduce their
  negative impacts, but also to more fully express their social and ecological
  potentials. They are geared not simply to the sustainability of communities
  and ecosystems, but to their regeneration—to
  make economic development, as eco-architect Bill McDonough would say, “not
  just less bad, but good.” Of
  the expanding “family” of alternative wealth measures, sustainable community indicators are probably the most comprehensive expression of
  qualitative wealth and community development generally.  At their best, they synthesize a range of
  quantitative and qualitative data, including people’s subjective
  preferences.  In this article, however,
  I want to focus on more specifically on the economy, and the two key shapers
  of “market transformation,” both of which are based on the value revolution
  currently underway: extended producer responsibility (EPR) and
  non-governmental third-party certification systems.   Both phenomena are good examples
  of how a green economy is the ultimate knowledge-based economy: by
  definition, it replaces materials and energy with human intelligence. Both
  EPR and the non-governmental certification systems are based on the
  life-cycle approach and, increasingly, rigorous life-cycle assessment (LCA).  But qualitative development involves far
  more than simply new values and information; it also demands a market and
  regulatory revolution, entailing a gradual—but fundamental—shift in the form, content and drivers of economic
  development. For a growing number of green thinkers, the main elements of
  this restructuring come down to (1) an increasing
  focus on producing services rather
  than products, and (2) reorganization of
  production and consumption in closed-loops,
  either integrated with, or imitating, ecosystems—what’s been called “economic
  biomimicry.” 
  This cannot be achieved simply by beefing up environmental protection
  against nasty brown markets and production processes, but by a transformation
  that increasingly establishes social and ecological values as the prime
  driving forces of a new kind of market. 
   EPR and the Purpose of
  Production EPR and
  the green product certification are both cutting-edge expressions of the
  value revolution on the regulatory front, intended to create this new kind of
  market.   Extended producer responsibility
  is the most prominent regulatory principle based on the life-cycle approach,
  and aims to implement ownership patterns that encourage stewardship and
  conservation of resources.  It responds
  to one of the most insidious characteristics of capitalism, in which a
  producer’s responsibility for toxicity and waste ends with a product’s sale,
  thus dumping externalized costs onto society. 
  EPR simply extends the producer’s liability (typically via extended
  ownership) through a product’s entire life cycle. For a “product of service,”
  for instance, like a carpet or television, the customer would lease rather
  than own, with servicing and eventual disposal (i.e. replacement) handled by
  the producer-owner.  Facing these
  internalized costs, producers usually get very creative about reducing them.
  EPR thus has major effects both on product design—preventing problems—and on
  overall resource consumption. While an application of the “polluter pays”
  principle, EPR can offer as many regulatory carrots as sticks, since it
  provides smart producers new opportunities for materials and energy saving,
  toxics reduction and service markets.  
     “Take
  back” programs are the most well-known example of EPR in the existing
  economy.  While such programs in  Probably
  the first needs-oriented green economic strategy was Amory Lovins’s “end use” approach to the soft energy path in
  the mid-seventies, which insisted that policy should focus on “hot showers
  and cold beer” instead of fossil fuels, power plants and energy supply
  generally.  Attention to end-use could
  allow policy-makers to work backwards to find the most elegant and efficient
  ways of meeting these needs—simultaneously meeting people’s needs more
  comprehensively and saving vast quantities of resources.  In the last decade, industrial ecologists
  have applied the same principle to “service needs” in the entire economy: for
  nutrition (rather than junk foods), entertainment (not DVD’s), access or
  mobility (not cars), education (not books), homes (not buildings), clean
  water (not chlorine), pest control (not chemicals), illumination (not lamps),
  and so on.  Yet today most capitalist
  markets are still focused on producing and selling as much stuff as
  possible—making the satisfaction of real need, at best, a spin-off or
  side-effect of open-ended material production.   Xerox,
  which now sells document services rather than machines, has become the poster
  child for the service approach among industrial ecologists.  The company has been inspired to
  design-for-disassembly as part of its voluntarily extended responsibility,
  and it has profited handsomely from its conservation efforts.  But the question remains: can all
  producers, and capitalism as a whole, reorient itself to both extended
  liability and to a strategic emphasis on end-use and human need?  For mainstream business, a focus on real
  need is tantamount to socialism; and, over the past 50 years, both cultural
  and communications industry (which properly should be engines of
  dematerialization) have been thoroughly subordinated to the quest to create
  artificial needs and sell every possible kind of junk that industry can
  produce.  The “consumer society” has really
  been a system of production-for-production’s-sake—with the accumulation of
  money and material its essential raison d’etre. 
  EPR, with its focus on service, thus represents a fundamental
  means/ends revolution that constitutes a major break in the trajectory of
  economic development. This is related to other aspects encouraged by EPR—like
  a shift in emphasis from labour- to resource-productivity ; more concern
  with local/regional self-reliance, etc.—which are beyond the scope of this article.
   Mindful Markets and Stakeholder-based
  Regulation To
  most, EPR suggests a major role for state intervention in the economy—as is
  certainly the case in government-mandated product stewardship systems,
  requiring take-back legislation, precautionary product and substance bans,
  etc.  But, as noted above, EPR can take
  various forms in order to close loops and to dematerialize/detoxify
  the economy. What Lindhqvist calls “informative responsibility” in particular can,
  when coupled with new forms of green and community markets, take powerful,
  though decentralized, forms. This more decentralized EPR, however, can work
  only with comprehensive valuation systems, based in sophisticated knowledge
  which can be readily available to consumers. 
   Economic
  complexity and development seem to beget decentralization and undermine
  external control—one big reason for the eclipse of state socialism and giant
  energy generation utilities. 
  Qualitative wealth and value tend to be place-based and
  context-specific, suggesting the need for community- and industry-specific
  forms of regulation.  Government
  certainly has an essential rule-making role to play in a service-based
  closed-loop economy, but civil society seems to be generating new forms of
  economic regulation—in particular, the rapidly expanding non-governmental
  stakeholder-based third-party certification systems.  These systems—for sustainably-harvested
  wood, green energy, organic food, green buildings, and the like—tend to be
  connected with the rise of new enterprise networks, establishing new
  relationships not just between producers, but between producers, consumers
  and everyone along the product life-cycle. 
  The most well-known examples are the Green Building Councils,
  associated with LEED building certification, and the Forest Stewardship
  Council, which organizes wood and forest certification. These networks are
  not simply business associations pushing market expansion.  They are more interested in deriving their
  financial reward from delivering social and environmental value. For this to
  actually work, they must be equally valuation,
  marketing and regulatory systems.  Thus,
  while they may be concerned with growing their markets, their net effect may
  be a net reduction in the amount of
  material stuff sold.   The
  by-word of most of these initiatives is “market transformation.” Many
  academic and media commentators are hypnotized by this market terminology,
  and often lump these initiatives in with a host of other neoliberal
  “market innovations” that have coincided with globalization, privatization,
  capital flight, and a general undermining of government regulatory
  power.  In the name of flexibility and
  efficiency, transnational corporations have sought
  to capitalize on weakened governments to loosen forms of social and
  environmental accountability established by the postwar welfare state.   The new
  enterprise and certification systems may be “voluntary,” in that companies
  have a free choice as to whether to join or not.  But these new networks are not undermining
  accountability; they are increasing it. 
  The standards enforced by these certification systems are by no means
  arbitrary, or optional, and typically have been stricter than equivalent
  governmental standards.  What is
  involved, contrary to popular impressions, is not regulation by the
  “invisible hand” of the market, but the gradual creation of new kinds of
  markets—“mindful markets” in David Korten’s
  words—that actually build social and environmental values into market
  operations and increasingly become the key market drivers.  While all these systems must concern
  themselves with the profitability of the firms involved and move in an
  incremental way, they are not simply putting dollar values on externalized
  costs or social benefits.  The profit
  motive remains a dynamic force, but it can be a progressive force only
  because of the integrity of the certification standards. To the degree that
  these systems can involve broad and authentic stakeholder participation, they
  also are expressions of evolving economic democracy.     Collective Consumerism and
  Transformative Markets The
  ultimate effectiveness of the new valuation and certification systems depends
  on their success as market systems. 
  While certification and labelling systems try to make positive choices
  as easy as possible for consumers, ultimately their success depends on
  greater knowledge and participation on the part of end-users.  Marketing must become not simply a form of
  propaganda, but a vital source of education and eco-literacy.  To date, too many forms of eco-labelling
  have remained forms of advertising, targeted at private consumers.  They have failed to connect individual
  consumers, harnessing their aggregate power and raising horizons for
  community transformation as well as individual quality of life.  Various forms of collective buying—from
  renewable energy coops to Local First campaigns—can be tremendous drivers of
  conservation and economic renewal. Governments, particularly at the local
  level, can play influential roles through green procurement, and even influence
  the creation of new industry in their jurisdictions.  The new certification systems can also
  provide important elements of local community indicator projects, which
  synthesize quantitative data from many sources.   The new
  certification systems may be among the cutting-edges of green economic
  development, but they are young unfinished projects in need of continual
  improvement and expansion.  LEED
  certification for buildings, for example, has just recently moved into the
  residential and existing building sectors; and more holistic local food
  certification is just beginning to emerge from the organics movement.
  Movements are also afoot to shift some point/checklist-style certification
  systems to a more rigorous grounding in life-cycle assessment (LCA).   Despite
  the youth of these systems, however, their early successes have attracted a
  host of phoney industry-sponsored certification and labelling systems,
  seeking to avoid real extended responsibility and to promote greenwashing.  By
  the same token, even the most authentic and reputable networks—like the
  Forest Stewardship and the Green Building Councils—have been torn by
  controversy and struggle between progressive and not-so-progressive forces
  seeking to co-opt, dilute or pollute standards.  This in no way discredits the certification
  efforts, but highlights what an important terrain of struggle these systems
  are.    The
  next decade will likely see an explosion of market transformation initiatives
  based on social and ecological knowledge and value systems.  Today we are already seeing new enterprise
  networks like the Business Alliance for Local Living Economies (BALLE)
  organizing Local First campaigns, based on sophisticated local economy
  research comparing the relative impacts of local independent and global
  businesses, laying the basis for certification and support of local products
  and enterprises.  Far from undermining
  positive government action, this kind of market transformation will support
  it.   Most importantly, by building
  social and environmental values into new mindful markets, it can help restore
  positive community development to everyday exchange.   
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