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
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.
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