Thinking Beyond Gridlock: Towards a Consistent Statutory Approach to Federal Environmental Enforcement

Abstract

This article suggests that the disparate and outdated enforcement provisions of several major federal pollution control statutes be revised and made consistent. Focusing on the enforcement sections of the Clean Water Act, the Clean Air Act, and the Resource Conservation and Recovery Act, the article examines the extent to which each of those provisions promotes the efficient and effective enforcement of pollution control requirements. The piece closely compares the relevant enforcement provisions, identifying key similarities and differences among them, and noting several significant, currently unresolved legal issues common to all three pieces of legislation. It assesses the relative merits of the statutory sections in question, and offers some practical recommendations for statutory reform.

Keywords: Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act, enforcement, pollution control statutes, legislation, reform

JEL Classification: K32