The Role of Deterrence-Based Enforcement in a 'Reinvented' State/Federal Relationship: The Divide between Theory and Reality

Harvard Environmental Law Review, Vol. 24, pp. 1-114, 2000

114 Pages Posted: 5 Feb 2010

See all articles by David L. Markell

David L. Markell

Florida State University - College of Law

Date Written: 2000

Abstract

This article focuses on federal/state relations in the environmental enforcement and compliance arena. It explores the goals of EPA's compliance and enfrocement program and the strategies the Agency uses to achieve those goals. The article also reviews the key laws and policies that shape the relationship between the states and EPA. The article identifies a substantial divide that exists between the federal government's promise of a deterrence-based enforcement and compliance scheme applied consistently throughout the United States, and the reality as reported in numerous assessments of enforcement performance. The article offers a series of strategies for bridging this divide.

Suggested Citation

Markell, David L., The Role of Deterrence-Based Enforcement in a 'Reinvented' State/Federal Relationship: The Divide between Theory and Reality (2000). Harvard Environmental Law Review, Vol. 24, pp. 1-114, 2000, Available at SSRN: https://ssrn.com/abstract=1547897

David L. Markell (Contact Author)

Florida State University - College of Law ( email )

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