Document Type

Working Paper

Publication Date

5-9-2007

SSRN Discipline

Economics Research Network; Legal Scholarship Network; Industrial Organization & Regulation eJournals; Law School Research Papers - Legal Studies; Administrative Law eJournals; LSN Subject Matter eJournals; SRPN Subject Matter eJournals; Law School Research Papers - Public Law & Legal Theory; ERN Subject Matter eJournals; Sustainability Research & Policy Network; Social Responsibility of Business eJournals; Environmental & Natural Resources Law eJournals

Abstract

Vigorous enforcement is a critical component of any credible environmental protection program Congress recognized that fact when it enacted the Clean Water Act in 1972 The Act therefore contains an enforceable pollution control scheme more than adequate federal enforcement tools and calls upon the states and private citizens to aid in the enforcement of the Act Unfortunately enforcement efforts at the US Environmental Protection Agency EPA have lapsed several times in the recent past This article explores a form of selfregulation that would create an ex ante limit on politically motivated attempts to undermine the Act through nonenforcement While not failproof the full blossoming of a proud independent law enforcement culture within EPAs enforcement staff may be one of the most feasible ways in which to maintain a stable and vital enforcement program

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