Download or read book Irreplaceable Why States Can t and Won t Make Up for Inadequate Federal Enforcement of Environmental Laws written by Institute for Policy Integrity and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reinventing Environmental Enforcement and the State federal Relationship written by Clifford Rechtschaffen and published by Environmental Law Institute. This book was released on 2003 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Enforcing Federal Pollution Control Laws written by Norbert Forgács and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of its mission to protect human health and the environment, the Environmental Protection Agency's (EPA) enforcement office maintains civil and criminal enforcement programs to help enforce the requirements of major federal environmental laws such as the Clean Air Act and Clean Water Act. EPA's civil and criminal enforcement programs work with the Department of Justice (DOJ), and in some cases States, to take legal actions to bring polluters into compliance with federal laws. While civil enforcement actions require polluters to pay penalties and take other corrective actions, criminal enforcement actions may also include imprisonment. EPA estimates that these efforts achieved commitments to reduce 3.9 billion pounds of pollutants in the environment, primarily from air and water. EPA also assessed more than $195 million in civil and criminal fines and restitution during FY2008. Nevertheless, non-compliance with federal pollution control laws remains a continuing concern. This book focuses on the EPA's vow to pursue civil and criminal violations of environmental laws. This book consists of public documents which have been located, gathered, combined, reformatted, and enhanced with a subject index, selectively edited and bound to provide easy access.
Download or read book The Lilliputians of Environmental Regulation written by Michelle C. Pautz and published by Routledge. This book was released on 2013-03-05 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think about environmental policy and regulation in the U.S., our attention invariably falls on the federal level and, more specifically, the U.S. Environmental Protection Agency. Although such a focus is understandable, it neglects the actors most responsible for the implementation and maintenance of the nation's environmental laws - the states. Recognition of the importance of the states still ignores an even smaller subsection of actors, inspectors. These front-line actors in state environmental agencies are the individuals responsible for writing environmental rules and ensuring compliance with those rules. They play an important role in the environmental regulatory state. With data collected from more than 1,200 inspectors across 17 states, Michelle C. Pautz and Sara R. Rinfret take a closer look at these neglected actors to better understand how environmental regulators perceive the regulated community and how they characterize their interactions with them. In doing so, they explore the role these front-line actors play, what it is like to be them, what they think of their place in the environmental regulatory system, and how they interact with the regulated community. An original, timely and unmatched volume advancing the debate on the future of environmental regulation in the U.S.
Download or read book Environmental Law and American Business written by Joseph F. DiMento and published by Springer Science & Business Media. This book was released on 1986-03-31 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are in the second decade of modem environmental law. By some indicators this body of regulation has matured greatly. We can point to statutes and codes at the federal, state, and local levels which address almost every conceivable form of pollution and environmental insult. Yet, despite the existence of this large body of law, despite considerable expenditures on enforcement, and despite the energetic efforts of people sympathetic to environmental objectives, violations are numerous. Serious pollution problems are commonplace. Love Canal, the Valley of the Drums, Times Beach, and Stringfellow Acid Pits epitomize the national environmental quality challenge. Daily, a major illegal disposal of haz ardous waste is recorded; a new mismanaged dump site is discovered; a toxic substance is found in our drinking water; or a failure to meet a water or air quality standard is identified. Many of these violations involve American business. Failures to comply are of several types. A small businessman in Pennsylvania mistakenly allows a spillover of a pollutant into a protected stream. An industrialist in the Midwest adds to his fortune by illegally dumping dangerous chemicals. A series of errors by several firms, some of which no longer exist, combine to create a health threatening conflagration on the West Coast. An automobile company interprets one of the almost innumerable air pollution rules differently from government: It produces a car which the government says fails to comply with the Clean Air Act.
Download or read book Adversarial Legalism written by Robert A. Kagan and published by Harvard University Press. This book was released on 2019-10-08 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first edition of this groundbreaking book, Robert Kagan explained why America is much more adversarial—likely to rely on legal threats and lawsuits—than other economically advanced countries, with more prescriptive laws, more costly adjudications, and more severe penalties. This updated edition also addresses the rise of the conservative legal movement and anti-statism in the Republican party, which have put in sharp relief the virtues of adversarial legalism in its ability to empower citizens, lawyers, and judges to mount challenges to the arbitrary or unlawful exercise of government authority. “This is a wonderful piece of work, richly detailed and beautifully written. It is the best, sanest, and most comprehensive evaluation and critique of the American way of law that I have seen. Every serious scholar concerned with justice and efficiency, and every policymaker who is serious about improving the American legal order, should read this trenchant and exciting book.” —Lawrence Friedman, Stanford University “A tour de force. It is an elegantly written, consistently insightful analysis and critique of the American emphasis on litigation and punitive sanctions in the policy and administrative process.” —Charles R. Epp, Law and Society Review
Download or read book Federal Pollution Control Laws written by Robert Esworthy and published by Createspace Independent Pub. This book was released on 2012-08-02 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of enforcement actions and settlements for noncompliance with federal pollution control requirements, the U.S. Environmental Protection Agency (EPA) reported that, for FY2011, regulated entities committed to invest an estimated $19.0 billion for judicially mandated pollution controls and cleanup, and for implementing mutually agreed upon (supplemental) environmentally beneficial projects. EPA estimates that these efforts achieved commitments to reduce, treat, or eliminate 1.8 billion pounds of pollutants in the environment, primarily from air and water. EPA also assessed more than $152.0 million in civil penalties (administrative and judicial) and $35.0 million in criminal fines and restitution during FY2011. Nevertheless, noncompliance with federal pollution control laws remains a continuing concern. The overall effectiveness of the enforcement organizational framework, the balance between state autonomy and federal oversight, and the adequacy of funding are long-standing congressional concerns. This report provides an overview of the statutory framework, key players, infrastructure, resources, tools, and operations associated with enforcement and compliance of the major pollution control laws and regulations administered by EPA. It also outlines the roles of federal (including regional offices) and state regulators, as well as the regulated community. Understanding the many facets of how all federal pollution control laws are enforced, and the responsible parties involved, can be challenging. Enforcement of the considerable body of these laws involves a complex framework and organizational setting. The array of enforcement/compliance tools employed to achieve and maintain compliance includes monitoring, investigation, administrative and judicial (civil and criminal) actions and penalties, and compliance assistance and incentive approaches. Most compliance violations are resolved administratively by the states and EPA. EPA concluded 1,735 final administrative penalty orders in FY2010. Civil judicial actions, which may be filed by states or EPA, are the next most frequent enforcement action. EPA may refer civil cases to the U.S. Department of Justice (DOJ), referring 222 civil cases in FY2011. The U.S. Attorney General's Office and DOJ's Environmental Crimes Section, or the state attorneys general, in coordination with EPA criminal investigators and general counsel, may prosecute criminal violations against individuals or entities who knowingly disregard environmental laws or are criminally negligent. Federal appropriations for environmental enforcement and compliance activities have remained relatively constant in recent fiscal years. Some contend that overall funding for enforcement activities has not kept pace with inflation or with the increasingly complex federal pollution control requirements. Congress appropriated $583.4 million for enforcement activities for FY2012, a decrease below the $593.5 million enacted for FY2011 and the $596.7 million enacted for FY2010, but an increase above the $568.9 million enacted for FY2009 and $553.5 million for FY2008. The President's FY2013 budget request included $615.9 million for EPA enforcement activities. To date, Congress has not completed action on the FY2013 appropriations for EPA.
Download or read book Federal Pollution Control Laws written by Congressional Research Service and published by CreateSpace. This book was released on 2014-10-07 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of enforcement actions and settlements for noncompliance with federal pollution control requirements, the U.S. Environmental Protection Agency (EPA) reported that, during FY2013, regulated entities committed to invest an estimated $7.0 billion for judicially mandated actions and equipment to control pollution (injunctive relief), and $22.0 million for implementing mutually agreed-upon (supplemental) environmentally beneficial projects. EPA estimated that these compliance/enforcement efforts achieved commitments to reduce or eliminate 1.3 billion pounds of pollutants in the environment, primarily from air and water, and to treat, minimize, or properly dispose of 148 million pounds of hazardous waste. Noncompliance with federal pollution control laws remains a continuing concern. The overall effectiveness of the enforcement organizational framework, the balance between state autonomy and federal oversight, and the adequacy of funding are long-standing congressional concerns. This report provides an overview of the statutory framework, key players, infrastructure, resources, tools, and operations associated with enforcement and compliance of the major pollution control laws and regulations administered by EPA. It also outlines the roles of federal (including regional offices) and state regulators, as well as the regulated community. Understanding the many facets of how all federal pollution control laws are enforced, and the responsible parties involved, can be challenging. Enforcement of the considerable body of these laws involves a complex framework and organizational setting. The array of enforcement/compliance tools employed to achieve and maintain compliance includes monitoring, investigation, administrative and judicial (civil and criminal) actions and penalties, and compliance assistance and incentive approaches. Most compliance violations are resolved administratively by the states and EPA. EPA concluded 1,440 final administrative penalty orders in FY2013. Civil judicial actions, which may be filed by states or EPA, are the next most frequent enforcement action. EPA may refer civil cases to the U.S. Department of Justice (DOJ), referring 138 civil cases in FY2013. The U.S. Attorney General's Office and DOJ's Environmental Crimes Section, or the state attorneys general, in coordination with EPA criminal investigators and general counsel, may prosecute criminal violations against individuals or entities who knowingly disregard environmental laws or are criminally negligent. EPA reported the assessment of nearly $1.15 billion in civil penalties (administrative and judicial) and $4.5 billion in combined criminal fines, restitution, and court-ordered environmental projects during FY2013. Of the FY2013 totals, $1.0 billion in civil penalties and $4.0 billion in criminal fines, restitution, and court-ordered projects were associated with the Deepwater Horizon Gulf of Mexico judicial and criminal cases. Federal appropriations for environmental enforcement and compliance activities have remained relatively constant in recent fiscal years. Some contend that overall funding for enforcement activities has not kept pace with inflation or with the increasingly complex federal pollution control requirements. Congress appropriated $560.9 million for enforcement activities for FY2014, a 1.4% increase above the $553.1 million enacted for FY2013 (post-sequestration), but roughly 3.8% less than the $583.4 million enacted for FY2012. The President's FY2015 budget request included $583.0 million for EPA enforcement activities. On September 19, 2014, President Obama signed into law the Continuing Appropriations Resolution, 2015 (P.L. 113-164).
Download or read book Controversial Issues In Environmental Policy written by Kent E. Portney and published by SAGE. This book was released on 1992-09-03 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most controversies in environmental policy are rooted in clashes of values involving science and technology versus humanism, economic efficiency versus humanism, the role of nature in society and the role of government in society. The author discusses how America makes environmental policy - at the Federal and State levels as well as their enforcement agencies designed to protect and regulate at the same time. Portney examines legislation, public opinion, implementation or non-implementation relative to the debates over water, air and soil management.
Download or read book Federalism and Environmental Policy written by Denise Scheberle and published by . This book was released on 1997 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The theoretical argument is compelling. Each case study is informed & informative."-Political Science Quarterly.
Download or read book Tribal Business Structure Handbook written by Karen J. Atkinson and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive resource on the formation of tribal business entities. Hailed in Indian Country Today as offering "one-stop knowledge on business structuring," the Handbook reviews each type of tribal business entity from the perspective of sovereign immunity and legal liability, corporate formation and governance, federal tax consequences and eligibility for special financing. Covers governmental entities and common forms of business structures.
Download or read book The Effectiveness of Environmental Law written by Sandrine Maljean-Dubois (juriste)) and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the third volume in the European Environmental Law Forum (EELF) book series. The EELF is a non-profit initiative of environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe. One of the activities of the EELF is an annual conference. This book is comprised of fifteen contributions presented at the Third EELF Conference in Aix-en-Provence, hosted by the Central European Research Infrastructure Consortium, at Aix-Marseille University, September 2015. The central topic of the book is the effectiveness of environmental law. The impressive development in environmental law has not always been matched by corresponding improvements in environmental quality. The threats to our environment and, by extension, to our health have never been so numerous or serious. But paradoxically, the effectiveness of environmental law has been a long-neglected issue. This book offers a fruitful and stimulating dialogue between practitioners and academics, from varied countries and varied fields, combining empirical and theoretical approaches. The contributions go from classical-but still necessary-tools (control, criminal, administrative, civil sanctions, liability rules, strengthening of the regulatory structure, and the role of judges), to more innovative ones (public participation, effectiveness of instrument mixes, collaborative governance, hybrid governance, and private environmental enforcement). (Series: European Environmental Law Forum, Vol. 3) Subject: Environmental Law, European Law]
Download or read book The Wall Street Journal written by and published by . This book was released on 1989 with total page 1236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Losing Earth written by Nathaniel Rich and published by Picador. This book was released on 2020-03-05 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: By 1979, we knew all that we know now about the science of climate change - what was happening, why it was happening, and how to stop it. Over the next ten years, we had the very real opportunity to stop it. Obviously, we failed.Nathaniel Rich's groundbreaking account of that failure - and how tantalizingly close we came to signing binding treaties that would have saved us all before the fossil fuels industry and politicians committed to anti-scientific denialism - is already a journalistic blockbuster, a full issue of the New York Times Magazine that has earned favorable comparisons to Rachel Carson's Silent Spring and John Hersey's Hiroshima. Rich has become an instant, in-demand expert and speaker. A major movie deal is already in place. It is the story, perhaps, that can shift the conversation.In the book Losing Earth, Rich is able to provide more of the context for what did - and didn't - happen in the 1980s and, more important, is able to carry the story fully into the present day and wrestle with what those past failures mean for us in 2019. It is not just an agonizing revelation of historical missed opportunities, but a clear-eyed and eloquent assessment of how we got to now, and what we can and must do before it's truly too late.
Download or read book Management Policies written by United States. National Park Service and published by . This book was released on 1988 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Historic Preservation Laws written by United States and published by . This book was released on 1993 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Future of Disability in America written by Institute of Medicine and published by National Academies Press. This book was released on 2007-10-24 with total page 619 pages. Available in PDF, EPUB and Kindle. Book excerpt: The future of disability in America will depend on how well the U.S. prepares for and manages the demographic, fiscal, and technological developments that will unfold during the next two to three decades. Building upon two prior studies from the Institute of Medicine (the 1991 Institute of Medicine's report Disability in America and the 1997 report Enabling America), The Future of Disability in America examines both progress and concerns about continuing barriers that limit the independence, productivity, and participation in community life of people with disabilities. This book offers a comprehensive look at a wide range of issues, including the prevalence of disability across the lifespan; disability trends the role of assistive technology; barriers posed by health care and other facilities with inaccessible buildings, equipment, and information formats; the needs of young people moving from pediatric to adult health care and of adults experiencing premature aging and secondary health problems; selected issues in health care financing (e.g., risk adjusting payments to health plans, coverage of assistive technology); and the organizing and financing of disability-related research. The Future of Disability in America is an assessment of both principles and scientific evidence for disability policies and services. This book's recommendations propose steps to eliminate barriers and strengthen the evidence base for future public and private actions to reduce the impact of disability on individuals, families, and society.
