미국의 환경정보 공개 법제 -온실가스의무보고제도를 중심으로-

Access to environmental information is one of basic civil rights; moreover, it plays a role in improving environment protection through the public participation. Most of developed countries in Europe have independent laws and regulation which provide access to environmental information for EC Directives and Aarhus convention. Korean, like the U.S., does not have an independent law related access to environmental information; however, Korean government has prepared to legislate such laws. This paper explores the U.S. FOIA and legal system regarding access to greenhouse gases information in order to introduces the U.S. experience of those areas. The Freedom of Information Act of 1966 is a U.S. statutory instrument that provides a statutary right of access to environmental information held by the U.S. public authorities. According to the regulation, environmental information includes information about air, water, soil, land, flora and fauna, energy, noise, waste and emissions. Environmental Information also includes information about decisions, policies and activities that affect the environment. The U.S. has prepared the disclousure of the greenhouse gases through Clean Air At article 114. The EPA has promulgated the 40 CFR 92 in order to have Greenhouse Gas Emissions Reporting Rule. According to the rule, the most greenhouse discharging companies have to report their emission of greenhouse gases. However, it might bring the critical issue that is to protection confidential business information. Greenhouse gas emission information is substantially related to the business secrecy such as its process of production. Therefore, it is very important to balance between public right to know and business confidential information. This paper propose that a market based approach such as information disclosures through the stock market would be one of alternatives.