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Improving State Environmental Enforcement Performance Through Enhanced Government Accountability And Other Strategies, Clifford Rechtschaffen, David L. Markell
Improving State Environmental Enforcement Performance Through Enhanced Government Accountability And Other Strategies, Clifford Rechtschaffen, David L. Markell
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This Article discusses a number of options for EPA to strengthen state performance and bring it more in line with EPA's expectations. First, EPA must play a stricter gate-keeping function in initially authorizing state programs, and more regularly reassess and report the adequacy of state enforcement authorities and state capacity. Second, EPA must stop delivering a mixed message to the states about the enforcement practices it expects the states to follow. Instead, it must establish clear expectations for performance. Third, in terms of the substance of those expectations, EPA should revise its criteria for evaluating whether state enforcement programs work. …