Pollution Control Laws Against Public Facilities

Abstract

Enforcement of pollution control laws against publicly owned facilities poses special problems for government agencies and courts. Authorities may be reluctant to initiate enforcement actions against public violators. Even in those cases where some enforcement action is taken, both agencies and courts fail to impose strong, effective remedies. Although a wide variety of remedies is available, the orders and decrees issued do not often produce timely compliance. Noncompliance leads to prolonged violations of the pollution control laws and continued, significant source of pollution. This study examines remedies imposed against publicly owned treatment works and other public facilities for violations of pollution control laws.

Keywords: Environmental law, pollution, enforcement, environmental legislation, environmental regulation