Themes and Variations in Statutory Preclusions Against Successive Enforcement Actions by EPA and Citizens, Part Two: Statutory Preclusion on EPA Enforcement

Abstract

This is the second half of a two-part Article focusing on preclusions against successive enforcement of the environmental statutes. Part One of the Article, printed in Volume 28 of this Journal, examined preclusions against citizen suits and argued that because of the theme-and-variations nature of the preclusion language, that language should be read in accordance with its plain meaning. Part Two, published in this issue, studies the restrictions on enforcement actions by the EPA and reaches the same conclusion.