A Dirty River Runs Through it (the Failure of Enforcement in the Clean Water Act)
Victor Byers Flatt
UNC Chapel Hill School of Law; University of Houston Global Energy Management Institute
December 1, 1998
Boston College Environmental Affairs Law Review, Vol. 25, No. 1, 1998
Though our environmental legal system is set up in co-operative federalism, which supposedly allows the federal government or citizens to enforce environmental laws if the states do not do so in the first instance, it has a particular weakness. Under the legal doctrines, any enforcement will do, but all enforcement is not created equally. This article does a stastical analysis of two states enforcement records and shows that there enforcement is vastly different. This suggests that the possibility of uniform state enforcement is a myth, leading to problems with environmental protection.
Number of Pages in PDF File: 46
Keywords: state enforcement, environment, citizens suit, federalism, cooperative federalism, Clean Water Act, Georgia water act enforcement, Washington water act enforcement
JEL Classification: C12, H77, I18, K23, K32, Q28Accepted Paper Series
Date posted: January 16, 2012
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