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Environmental Enforcement

Author: Joel A. Mintz

Publisher:

Published: 2007

Total Pages: 0

ISBN-13: 9781594600333

This casebook is now availabe in paperback. To view the 2012 update supplement, click here. Environmental Enforcement is the first casebook devoted exclusively to environmental enforcement issues. Perfect for a specialized course or seminar, or as a supplement to existing survey courses, the book provides in-depth coverage of this emerging and dynamic field. Although literally thousands of attorneys in government, private practice, and public interest organizations are involved in environmental enforcement in all or nearly all of their practice, this subject too often receives only cursory treatment in traditional texts. This book introduces future lawyers to the full range of legal issues and practical challenges they will face when handling environmental enforcement cases. The book begins with an examination of the theories underlying the various models of environmental enforcement and the appropriate roles of the federal and state governments in enforcement. It then contains chapters on government investigative authorities and administrative, civil, criminal, and citizen enforcement. There also is a lengthy chapter devoted to the specialized issues arising in Superfund enforcement. The book then examines the burgeoning area of compliance incentives and assistance programs, and also discusses alternative enforcement strategies, such as permit bars, public spotlighting techniques, and common law theories. Problem exercises appear throughout the book.

Environmental Enforcement

Author: Daniel Riesel

Publisher: Law Journal Press

Published: 2023-11-28

Total Pages: 1182

ISBN-13: 9781588520722

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The Environmental Enforcement: Civil and Criminal law book explains the potential legal consequences of enforcement actions and discusses procedures to follow to minimize exposure.

Reinventing Environmental Enforcement and the State/federal Relationship

Author: Clifford Rechtschaffen

Publisher: Environmental Law Institute

Published: 2003

Total Pages: 468

ISBN-13: 9781585760435

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One of the most controversial issues in environmental law and policy-and one that of considerable importance to the EPA-is the allocation of power and authority between the federal and state governments. The recent evolution in approaches of environmental enforcement highlights many of the tensions inherent in this debate. During the past several years, the federal and state governments have spent a good deal of energy attempting to "reinvent" their relationship. The shifts in federal/state enforcement relations are highly significant, with the potential to fundamentally reorder the division of authority that has existing over the past 25 years. This book thoroughly documents the changing nature of federal/state relations in enforcing environmental law. It breaks new ground in analyzing the federal/state enforcement relationship, particularly in light of the many recent developments that have occurred in this area. The author's findings provide important lessons about the interplay between federal and state efforts in other regulatory areas, and for the structure of federal/state relations generally. Professors Rechtschaffen's and Markell's clear, in-depth analysis will be essential reading for legal and regulatory experts, attorneys who are involved in environmental enforcement matters, the judiciary, legislators, political scientists, public policy experts, and anyone with an interest in environmental law and policy.

Advanced Introduction to Environmental Compliance and Enforcement

Author: Paddock, Lee

Publisher: Edward Elgar Publishing

Published: 2021-09-21

Total Pages: 212

ISBN-13: 1789902207

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This Advanced Introduction provides a clear and accessible guide to the essential elements of environmental compliance and enforcement programs. It examines compliance programs designed to assist regulated entities in meeting their obligations, as well as enforcement tools designed to address non-compliance - such as administrative, civil judicial, and criminal enforcement. Offering an insightful overview of this important area, LeRoy C. Paddock highlights recent developments that are changing the way compliance and enforcement work is practiced.

Environmental Law and Enforcement

Author: Gregor I. McGregor

Publisher: CRC Press

Published: 1994-04-15

Total Pages: 260

ISBN-13: 9780873717458

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Amid all the laws and regulations on environmental protection and worker safety, what is the responsible business or landowner to do? What should the responsible consultant advise? Environmental Law and Enforcement provides you with a practical guide that takes the mystery out of environmental law and related land use controls. The author provides a synopsis of major environmental topics from A to Z and features citations to the major federal statutes in the United States Code (USC) and the Code of Federal Regulations (CFR) so you can easily find governing statutes and regulations. Special sections discuss the use of experts in case preparation and how to be an effective case witness. A checklist for compliance with the National Environmental Policy Act is included. The book covers strategies to cope with landowner liability for hazardous waste, consultant liability for mistakes in hazardous waste site assessments, and guidelines for emergency managers to minimize legal liability. The section on insurance liability provides practical approaches to dealing with insurance companies on hazardous waste claims. The successful organization will manage for environmental protection as a corporate goal, and consequently stays ahead of new government requirements-away from lawyers and lawsuits-and ahead of the competition. Environmental Law and Enforcement gives you the tools you need to achieve this mission.

Federal Pollution Control Laws

Author: Robert Esworthy

Publisher: DIANE Publishing

Published: 2010-11

Total Pages: 49

ISBN-13: 1437938523

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Contents: (1) Intro.; Federal and State Government Interaction; (2) Statutory Framework for Enforcement of Pollution Control Laws and Key Players: Key Players in Environ. Enforcement and Compliance: EPA; U.S. Dept. of Justice; Other Federal Agencies; States and ¿Delegated Authority¿; Citizens; (3) Enforcement at Federal Facilities: Enforcement Response and Compliance Tools; Monitoring, Inspections, and Evaluations; Civil Admin. Actions; Civil and Criminal Judicial Enforcement; Sanctions and Penalties: Penalties Assessed to Federal Facilities; Environ. Justice and Enforcement/Compliance (E/C); Compliance Assistance and Incentive Approaches; (4) Funding for E/C Activities. Examples of Reported Enforcement Actions and Penalties Over Time. Illus. and tables.

Environmental Regulation in China

Author: Xiaoying Ma

Publisher: Rowman & Littlefield

Published: 2000

Total Pages: 240

ISBN-13: 9780847693993

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Even though China has created an administrative structure and regulatory programs to curb pollution, environmental quality has continued to deteriorate. Are polluters following the rules? How do regulators and polluters alike respond to ChinaOs environmental controls? This thoroughly documented study examines these central questions by analyzing compliance with programs involving wastewater discharge standards, fees, and permits. The successes and failures of these programs are tracked in comprehensive case studies and remarkably candid surveys of factory managers in six Chinese cities. The authorsO final chapter adds an international dimension by comparing Chinese water pollution control programs with their counterparts in the United States.

Compliance and Enforcement in Environmental Law

Author: LeRoy Paddock

Publisher: Edward Elgar Publishing

Published: 2011

Total Pages: 0

ISBN-13: 9781848448315

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This volume presents a comprehensive coverage of the challenges in ensuring effective compliance and enforcement in environmental law from the international to the local level. It will make a significant contribution to the growing body of literature in this area and be of interest to practitioners, scholars and administrators alike. The IUCN Academy of Environmental Law is proud to join with Edward Elgar in the publication of this seminal work as the first in a new series based on the annual Colloquia of the Academy. Compliance and enforcement are critical elements of assuring that international environmental treaties and domestic environmental laws actually produce desired environmental outcomes. This timely work provides a comprehensive worldwide perspective on how to assure compliance with and enforcement of environmental laws more effectively. Bringing together both leading academics and environmental professionals from 15 countries, the book addresses a range of key issues including the enforcement of multilateral agreements, compliance strategies and tools, the role of courts and citizens, protection of natural resources, and compliance issues related to economic instruments. Publisher's note.

Handbook of Environmental Protection and Enforcement

Author: Andrew Farmer

Publisher: Earthscan

Published: 2012

Total Pages: 296

ISBN-13: 1849771537

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Environmental Enforcement Authorities (EEAs), sometimes called Environmental Protection Agencies (EPAs), are the regulatory, monitoring and enforcement agencies of national, state/provincial and local governments worldwide responsible for implementing, monitoring and enforcing environmental legislation. This one-of-a-kind, authoritative handbook offers a comprehensive assessment of the principles and best practice of EEAs throughout the world with a focus on Europe, the USA, Canada, Australia, east and south-east Asia and various other OECD, transition and developing countries.The book assesses structures, expertise and capacity, financing, permitting, monitoring, inspection, enforcement and EEA performance and future directions. It also identifies best practice for creating or improving EEAs. It offers substantial information for industry on the nature of compliance with environmental regulations as well as vital information for professionals, consultants, NGOs and researchers working at the interface between government EEAs and industry.

Enforcement at the EPA

Author: Joel A. Mintz

Publisher: University of Texas Press

Published: 2012-04-01

Total Pages: 324

ISBN-13: 0292728409

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The only published work that treats the historical evolution of EPA enforcement, this book provides a candid inside glimpse of a crucial aspect of the work of an important federal agency. Based on 190 personal interviews with present and former enforcement officials at EPA, the U.S. Department of Justice, and key congressional staff members—along with extensive research among EPA documents and secondary sources—the book vividly recounts the often tumultuous history of EPA’s enforcement program. It also analyzes some important questions regarding EPA’s institutional relationships and the Agency’s working environment. This revised and updated edition adds substantial new chapters examining EPA enforcement during the Clinton and George W. Bush administrations. Its treatment of issues of civil service decline and the applicability of captive agency theory is also new and original.