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Author : Joel A. Mintz Publisher : University of Texas Press Page : 228 pages File Size : 41,5 Mb Release : 1995-01-01 Category : Social Science ISBN : 0292751877
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.
Author : Joel A. Mintz Publisher : University of Texas Press Page : 324 pages File Size : 55,6 Mb Release : 2012-04-01 Category : Political Science ISBN : 9780292728400
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.
United States. Environmental Protection Agency. Office of Enforcement and General Counsel
Author : United States. Environmental Protection Agency. Office of Enforcement and General Counsel Publisher : Unknown Page : 0 pages File Size : 50,9 Mb Release : 1973 Category : Environmental law ISBN : LCCN:73602584
The First Two Years: a Review of EPA's Enforcement Program by United States. Environmental Protection Agency. Office of Enforcement and General Counsel Pdf
Federal Pollution Control Laws by Robert Esworthy Pdf
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.
United States. Environmental Protection Agency. Office of Enforcement and General Counsel
Author : United States. Environmental Protection Agency. Office of Enforcement and General Counsel Publisher : Unknown Page : 304 pages File Size : 42,7 Mb Release : 1973 Category : Environmental law ISBN : UCR:31210024716589
The First Two Years: a Review of EPA's Enforcement Program by United States. Environmental Protection Agency. Office of Enforcement and General Counsel Pdf
Out of Bounds and Out of Control by James V. DeLong Pdf
Out of Bounds, Out of Control measures the enforcement activities of the Environmental Protection Agency against that standard and finds them disturbingly deficient. Environmental regulation is so detailed and obscure that no one can identify all relevant mandates, let alone ensure compliance. EPA maintains broad discretion to define legal violations and resists any checks. Discretion is exercised retroactively or arbitrarily. 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. The EPA also blurs the lines separating governmental powers. Using its open-ended authority to "interpret" vague statutes, it makes the laws that define its own powers, then investigates, prosecutes, adjudicates, and penalizes. Judicial checks are sporadic. This panoply of authority breeds regulatory zealotry and a disregard for the rights of the regulated. The book, however, is more than a sobering look at a legal theory. In story after story specific regulatory abuses are examined, many of which are positively Kafkaesque. Moreover, many of the problems documented in the book are pandemic across the government. The ultimate lesson to be drawn is that deep structural reform is needed to restore the rule of law to administrative agencies.
Advanced Introduction to Environmental Compliance and Enforcement by Paddock, Lee Pdf
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 Protection: EPA-State Enforcement Partnership has Improved, but EPA’s Oversight Needs Further Enhancement by United States. Government Accountability Office Pdf
Reinventing Environmental Enforcement and the State/federal Relationship by Clifford Rechtschaffen,David L. Markell Pdf
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.
United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Oversight and Investigations
Author : United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Oversight and Investigations Publisher : Unknown Page : 206 pages File Size : 50,6 Mb Release : 1992 Category : Law ISBN : STANFORD:36105063132315
EPA's Criminal Enforcement Program by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Oversight and Investigations Pdf
EPA Compliance and Enforcement Answer Book 2015 by Adam Sowatzka,Richard E. Glaze Pdf
The U.S. Environmental Protection Agency enforces an extensive array of federal environmental laws and regulations, and it delegates enforcement authority to state environmental officials as well. These laws may affect not only major manufacturing operations (like chemicals and automobiles), but also small businesses and operations such as hospitals, universities, farms, and municipal governments. Failure to comply may subject firms and their officers and employees to federal and state administrative proceedings, civil lawsuits, and criminal prosecutions. To help firms and individuals comply with the law and deal effectively with the EPA, this new book provides, in convenient question and- answer format, a brief overview of the main federal environmental laws, and it then focuses in detail on the practical aspects of compliance and enforcement. Is state enforcement less stringent than federal enforcement? What does a typical permit provide? What are the enforcement consequences of failing to comply with monitoring and reporting requirements? How does EPA set its enforcement priorities? What triggers an EPA inspection? What is the first thing that should be done when an inspector arrives? What is an environmental crime? Can a corporate officer be prosecuted for the conduct of an employee? What is an administrative compliance order? What is a notice of violation? What is the role of the Department of Justice in environmental enforcement? What does "imminent and substantial endangerment" mean? What is "economic benefit" and why does EPA seek to recover it as part of the penalty calculation? Is compliance with the language of the permit a defense? How does bankruptcy affect enforcement actions by EPA? What are the benefits of implementing an environmental management system? How does one make a voluntary disclosure under EPA's audit policy? Can a citizen suit be brought if EPA or a state is pursuing an enforcement action for the same conduct? These questions and hundreds of others are answered clearly and succinctly by Adam Sowatzka and Richard E. Glaze, Jr., based on the expertise they have gained both as lawyers for the government and as private practitioners advising clients regarding environmental compliance. As pointed out in the Foreword by Fred L. Burnside (Former Director, U.S. EPA Office of Criminal Enforcement, Forensics and Training), EPA's enforcement programs have evolved, and today "the government utilizes a wide range of resources to investigate enforcement matters, including inspectors, criminal investigators, regulatory experts, sampling technicians, chemists, agency enforcement attorneys, and civil and criminal prosecutors. Companies and corporate officials, often finding themselves at the mercy of government personnel and an unpredictable timetable, need their own resources to respond effectively." The EPA Compliance and Enforcement Answer Book provides an essential resource to help level the playing field.
