Back to Basics: An Agenda for the Maryland General Assembly to Protect the Environment

Center for Progressive Reform Briefing Paper No. 1110

U of Maryland Legal Studies Research Paper No. 2012-30

13 Pages Posted: 9 Jun 2012 Last revised: 21 Jun 2012

Rena I. Steinzor

University of Maryland Francis King Carey School of Law; Center for Progressive Reform

Ling-Yee Huang

affiliation not provided to SSRN

Date Written: October 1, 2011

Abstract

Maryland has a long-held reputation as a regional and national leader in environmental protection. But in some areas, especially enforcement, that reputation warrants scrutiny. For example, Maryland charges less than Pennsylvania and Virginia for some pollutant discharge permits, and the state does not assess permit fees for municipalities despite the resources required to administer those permits. The penalties for violating the Clean Water Act have remained chronically below the level allowed under federal law. Maryland law does not require MDE to penalize polluters for the full amount of the economic gain they achieved by flouting the law, unlike laws in Pennsylvania and Virginia. Together, these shortcomings may effectively dilute the power of deterrent effect of environmental laws across the state.

This briefing paper identifies four key steps that Maryland should take to affirm its reputation as a regional and national leader in protecting the environment. The General Assembly should (1) increase permit fees to accurately reflect the cost of developing permits, monitoring and regulating facilities with permits, and managing pollutant discharges; (2) ensure that the statutory penalty maximum for a violation of the Clean Water Act keeps pace with inflation and the federal maximum; (3) restore the full deterrent effect of a penalty by adopting a statutory mandate to recover any economic benefit from noncompliance that a violator receives; and (4) establish a clear, mandatory minimum penalty requirement for violations of the environmental laws that protect the land, water, air, and other natural resources of Maryland.

Keywords: Maryland, Clean Water Act, penalties, fees, enforcement, mandatory minimum penalties

Suggested Citation

Steinzor, Rena I. and Huang, Ling-Yee, Back to Basics: An Agenda for the Maryland General Assembly to Protect the Environment (October 1, 2011). Center for Progressive Reform Briefing Paper No. 1110; U of Maryland Legal Studies Research Paper No. 2012-30. Available at SSRN: https://ssrn.com/abstract=2079726

Rena I. Steinzor

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

Center for Progressive Reform ( email )

500 West Baltimore Street
Baltimore, MD 21201
United States

Ling-Yee Huang (Contact Author)

affiliation not provided to SSRN

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