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Enforcing Pollution Control Laws by Clifford S. Russell,Winston Harrington,William J. Vaughn Pdf
Economic models are used to show the extent of the difficulties involved in monitoring and enforcing pollution control laws on a continual basis. The authors make several recommendations for policy change. They also show that high rates of compliance can be achieved within tight budget constraints. Originally published in 1986
Environmental Laws and Their Enforcement - Volume I by A. Dan Tarlock,John C. Dernbach Pdf
Environmental Laws and Their Enforcement is a component of Encyclopedia of Social Sciences and Humanities in the global Encyclopedia of Life Support Systems (EOLSS), which is an integrated compendium of twenty one Encyclopedias. The volume on Environmental Laws and Their Enforcement deals, in two volumes , with a myriad of issues of great relevance to our world such as: Sustainable Development and National Governance; History of Environmental Law; International Environmental Law; Constitutional Law; International Binding Mechanisms; Laws Governing Freshwater and Ground Water Pollution; Forestry; Biodiversity Conservation and Endangered Species Protection; International Guidelines and Principles; Compliance Models for Enforcement of Environmental Laws And Regulations; International Environmental Law; Life Support Systems: Law and Policy; The Principle of Sustainable Development in International Development Law; Environmental Pollution Regulations; Social Concerns for Environmental Exposures to Toxic Substances; Regulation of Air and Pollutants. These volumes are aimed at the following five major target audiences: University and College Students, Educators, Professional Practitioners, Research Personnel and Policy Analysts, Managers, and Decision Makers and NGOs.
Enforcing Pollution Control Regulation by Carolyn Abbot Pdf
Monitoring and enforcement issues must be analysed when determining the effectiveness of pollution control regulation, and clearly influence choices about how to regulate. This book demonstrates how an economic analysis of law enforcement can generate important insights into how best to enforce pollution control regulation. It seeks to provide a clear and accessible way into the law and economics literature on enforcement. More specifically, it uses Gary Becker's deterrence model which, by differentiating between two enforcement variables (namely the probability of apprehension and conviction and the severity of sanction), facilitates a comparison of the effectiveness of different enforcement tools in inducing desirable behaviour. As such, it provides a valuable analytical tool in considering how best to pursue cost-effective enforcement. Major themes to be addressed include Becker's deterrence model and expansions thereof, reasons for compliance, environmental enforcement strategies and the importance of a deterrence threat and formal pollution control law enforcement mechanisms such as prosecution and criminal sanctions, administrative mechanisms and civil liability. The book argues that in pursuing cost-effective enforcement much can be learned from examining enforcement practices in different jurisdictions, and to this end the author examines pollution control laws, enforcement strategies and sanctions in Australia, Canada and England and Wales. The book makes an important contribution to existing literature on environmental law enforcement, but its value extends beyond this. The theoretical framework adopted and the range of issues discussed make it of interest to regulatory and public law scholars more generally.
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.
Enforcing Federal Pollution Control Laws by Norbert Forgács Pdf
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.
Air Pollution Control Law provides explanation of the legislative provisions, regulatory requirements, and court decisions that comprise the body of air pollution control law.
Federal Pollution Control Laws by Robert Esworthy Pdf
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 FY2007, regulated entities committed to invest an estimated $10.6 billion for judicially mandated controls and cleanup, and for implementing mutually agreed upon (supplemental) environmentally beneficial projects. EPA estimates that these efforts achieved commitments to reduce 900 million pounds of pollutants in the environment, primarily from air and water. EPA also assessed more than $145 million in civil and criminal fines and restitution during FY2007. Nevertheless, noncompliance with federal pollution control laws remains a continuing concern. The overall effectiveness of the current 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 4,624 final administrative penalty orders in FY2006. 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 Department of Justice (DOJ), referring 286 civil cases in FY2006. 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 generally have remained relatively constant in recent fiscal years. Total funding for EPA's enforcement activities in FY2007 was $548.9 million. Many contend that overall funding for enforcement activities has not kept pace with inflation or with the increasingly complex federal pollution control requirements.
Regulating Land and Pollution in China by Benjamin van Rooij Pdf
Annotation. Many of China's rivers and lakes are strongly polluted, the air in cities is amongst the worst in the world, while some have warned that if the country is not careful it may soon have insufficient arable land to feed its population. This book looks at why the protection of natural resources through stricter legislation and more stringent law enforcement has been so difficult. It does so through a combination of a local case with comparative and theoretical insights about lawmaking, compliance and enforcement. It offers a unique view on how law functions in the world's largest legal system, and how such law interacts with the social, economic and political circumstances at hand. This book offers an incomparable body of empirical and theoretical knowledge for those interested in how law functions in China, as well as those interested in the workings of regulatory lawmaking, compliance, and enforcement in a comparative perspective. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789087280130.
An analysis of the development of US water pollution laws, showing how legal processes and social relations interact as the state struggles to reconcile contradictory responsibilities.
Environmental Regulations Handbook by Jacob I. Bregman,Kenneth M. Mackenthun Pdf
Environmental Regulations provides a comprehensive introduction to the environmental laws and regulations with which industry must comply to stay in business. It presents the laws passed by Congress to control pollution, the regulations developed by government agencies to comply with the requirements of those laws, penalties for violations of regulations, and how companies can determine whether or not they are in violation of regulations. To promote a better understanding of why current regulations are written in the manner they are, the book includes examples of the history, chronology, and setting in which environmental laws were developed and how they have evolved through time. It also provides an introduction to The Federal Register, codification, and the Code of Federal Regulations, as well as an examination of how a regulation is developed within government. Environmental Regulations addresses several important issues, including discharges to water, ambient and indoor air, solid and hazardous wastes, toxic pollutants, abandoned dumps, the worker environment, enforcement and compliance, environmental investigations, and environmental assessments. It will be a source of fundamental information on major environmental regulated areas for industry professionals, environmentalists, state environmental protection or department of natural resource personnel, engineers, environmental lawyers, and others who must understand environmental regulations and their enforcement. The book will also be a useful introduction for instructors and students involved in courses in water resources, systems analysis, and environmental engineering. Features
Environmental Regulation in China by Xiaoying Ma,Leonard Ortolano Pdf
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.
Handbook of Environmental Protection and Enforcement by Andrew Farmer Pdf
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.
Environmental Law, Policy, and Economics by Nicholas Askounes Ashford,Charles C. Caldart Pdf
The past twenty-five years have seen a significant evolution in environmental policy, with new environmental legislation and substantive amendments to earlier laws, significant advances in environmental science, and changes in the treatment of science (and scientific uncertainty) by the courts. This book offers a detailed discussion of the important issues in environmental law, policy, and economics, tracing their development over the past few decades through an examination of environmental law cases and commentaries by leading scholars. The authors focus on pollution, addressing both pollution control and prevention, but also emphasize the evaluation, design, and use of the law to stimulate technical change and industrial transformation, arguing that there is a need to address broader issues of sustainable development. Environmental Law, Policy, and Economics,which grew out of courses taught by the authors at MIT, treats the traditional topics covered in most classes in environmental law and policy, including common law and administrative law concepts and the primary federal legislation. But it goes beyond these to address topics not often found in a single volume: the information-based obligations of industry, enforcement of environmental law, market-based and voluntary alternatives to traditional regulation, risk assessment, environmental economics, and technological innovation and diffusion. Countering arguments found in other texts that government should play a reduced role in environmental protection, this book argues that clear, stringent legal requirements--coupled with flexible means for meeting them--and meaningful stakeholder participation are necessary for bringing about environmental improvements and technologicial transformations.
This title was first published in 2002. Environmental Policy is an astute and far-reaching text which analyzes the intersections between environmental policy formation and its ultimate implementation and enforcement through the law. It sets this theme against the axis of EU law and policy and UK law and policy, paying particular attention to the variables which determine the nature and significance of law as a delivery vehicle . Among these variables are the shape and character of EU and UK law for present purposes, alternatives to law, and the culture of UK law and policy aiding a distinct pattern of response to Directives, for example. It takes an informed look at the reality of implementation and enforcement through its reference to policy objectives as well as the limits and appropriateness of law across the aforementioned axis . An indispensable resource for scholars and students of environmental law and policy, along with governmental and other environmental agencies responsible for policy creation, implementation and enforcement.
