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This book offers the first comprehensive history of a difficult and often neglected part of EPA's responsibilities - the enforcement of federal environmental standards. Drawing on extensive interviews with the political appointees, administrators, and staff who have provided the agency's direction, as well as his own professional experience with EPA, Joel A. Mintz explores the historical evolution of the agency's enforcement program, its institutional setting within the larger political arena, and its current strengths and shortcomings. This history will be important reading for students of political science, public policy, environmental law, administrative law, anthropology, sociology, and related fields. It should also be read by attorneys who represent parties in enforcement cases initiated by EPA, by the agency's own managers and professional staff, and by public citizens concerned with environmental issues.
A former EPA chief attorney traces the tumultuous history of the agency’s enforcement efforts from the Nixon through the second Bush administrations. 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—this 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. The first published work to treat 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. “Explores the agency’s strengths and weaknesses . . . With insight and intimate knowledge of enforcement and compliance, Mintz relates an interesting story.” —Ecology Law Quarterly
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.
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.
People fear to dispute the agency's interpretation of its power or express doubts about the absolute primacy of its mission lest they be made into examples. The concept of "intent" has become so attenuated that it provides no limitation on prosecution.".
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.