Pollution Control Laws Against Public Facilities

79 Pages Posted: 1 Jul 2010

See all articles by Marcia Gelpe

Marcia Gelpe

Mitchell Hamline School of Law

Date Written: 1989

Abstract

Enforcement of pollution control laws against publicly owned facilities poses special problems for government agencies and courts. Authorities may be reluctant to initiate enforcement actions against public violators. Even in those cases where some enforcement action is taken, both agencies and courts fail to impose strong, effective remedies. Although a wide variety of remedies is available, the orders and decrees issued do not often produce timely compliance. Noncompliance leads to prolonged violations of the pollution control laws and continued, significant source of pollution. This study examines remedies imposed against publicly owned treatment works and other public facilities for violations of pollution control laws.

Keywords: Environmental law, pollution, enforcement, environmental legislation, environmental regulation

Suggested Citation

Gelpe, Marcia, Pollution Control Laws Against Public Facilities (1989). Harvard Environmental Law Review, Vol. 13, 1989, Available at SSRN: https://ssrn.com/abstract=1632470

Marcia Gelpe (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

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