Abstract

http://ssrn.com/abstract=2146818
 
 

Citations (5)



 
 

Footnotes (1)



 


 



Enforcement of Environmental Law in a Triangular Federal System: Can Three Not Be a Crowd When Enforcement Authority is Shared by the United States, the States, and Their Citizens?


David Hodas


Widener University - School of Law

1995

Maryland Law Review, Vol. 54, 1995

Abstract:     
This Article will examine critically the Clean Water Act's triangular structure of federal, state and citizen enforcement. It will conclude that a triangulated federalist enforcement program can be successful only if citizens are unimpaired in their ability to fill the substantial gaps that exist in state and federal enforcement programs. Even in the most earnest federal and state enforcement programs, there are substantial institutional and political obstacles to adequate enforcement. Unfortunately, the present system does more to hinder citizen enforcement than to promote it. If this trend continues, and as states continue to compete with each other for business development by relaxing enforcement activity, the regulated community will realize that it cannot justify voluntary compliance with permit requirements. Under the 1990 Clean Air Act amendments the CWA's enforcement system soon will be applied to the control of urban air quality, toxic air pollutants, and acid deposition. Thus, not only will the cleanliness of our water depend on the efficacy of the CWA's triangulated federalist enforcement system, but so will the nation's hopes for clean air.

Number of Pages in PDF File: 106

Keywords: environmental law, Clean Water Act, water pollution, federalism, constitutional law, Clean Air Act, air pollution

JEL Classification: K32

Accepted Paper Series


Download This Paper

Date posted: November 16, 2012  

Suggested Citation

Hodas, David, Enforcement of Environmental Law in a Triangular Federal System: Can Three Not Be a Crowd When Enforcement Authority is Shared by the United States, the States, and Their Citizens? (1995). Maryland Law Review, Vol. 54, 1995. Available at SSRN: http://ssrn.com/abstract=2146818

Contact Information

David Hodas (Contact Author)
Widener University - School of Law ( email )
4601 Concord Pike
P.O. Box 7286
Wilmington, DE 19803-0474
United States
302 477 2186 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 127
Downloads: 34
Citations:  5
Footnotes:  1

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.391 seconds