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Deterrence Vs. Cooperation And The Evolving Theory Of Environmental Enforcement, Clifford Rechtschaffen
Deterrence Vs. Cooperation And The Evolving Theory Of Environmental Enforcement, Clifford Rechtschaffen
Publications
This Article critically examines the assumptions underlying the reform movement, and concludes that we should ease the rush to dismantle traditional, deterrence-based civil enforcement. While some of the underlying critiques of traditional enforcement have merit, they do not demonstrate that a wholesale shift to a primarily cooperative-oriented approach will improve compliance with environmental law. In fact, a deterrence based system of enforcement contains many attributes that are equally if not more essential to achieving compliance. Rather than discarding the current enforcement approach, we should move to a system of environmental enforcement that is grounded in deterrence theory but integrates the …
Still No Remedy After All These Years: Plugging The Hole In The Law Of Leaking Underground Storage Tanks, Jason M. Basile
Still No Remedy After All These Years: Plugging The Hole In The Law Of Leaking Underground Storage Tanks, Jason M. Basile
Indiana Law Journal
No abstract provided.
Ozone Transport And The Clean Air Act: The Answers Are Blowin' In The Wind, Shari R. Desalvo
Ozone Transport And The Clean Air Act: The Answers Are Blowin' In The Wind, Shari R. Desalvo
Cleveland State Law Review
This Note addresses the major provisions of the Clean Air Act that deal with the transport of ozone from one state to another. After an overview of the Act and specific sections dealing with ozone transport, the Note discusses the Environmental Protection Agency's (the "EPA") inconsistent interpretation and application of the Act, as exposed through the limited case law addressing this issue to date. Next, using the illustrative cases of Pennsylvania and Ohio, the Note discusses how Northeastern states are suffering economically and physically due to Midwestern pollution. This Note concludes that it is time for the EPA to stop …