Law Commons^™

A Holistic View Of Agency Enforcement, David L. Markell, Robert L. Glicksman

Scholarly Publications

The law review literature has long recognized that effective enforcement is an essential component of effective regulation. Yet much of the literature focuses on one aspect of the enforcement challenge or another. For example, the underlying theory about optimal levels of enforcement has received considerable attention, as have topics such as the relative merits of using deterrence-based versus cooperation-based approaches and the use of citizen suits. The purpose of this Article is to consider agencies’ enforcement and compliance promotion function holistically.

This Article proposes a three-layered conceptual framework for considering options for structuring the administrative agency enforcement and compliance promotion …

Testimony Before The Committee On Energy And Commerce, Subcommittee On Environment And Economics, U.S. House Of Representatives, Hearing On Constitutional Considerations: States Vs. Federal Environmental Policy Implementation July 11, 2014, Rena I. Steinzor

Congressional Testimony

No abstract provided.

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

In 2013, the United States Court of Appeals for the Eleventh Circuit rejected a challenge to the Navy's Undersea Warfare Training Range (Range) off the coast of Jacksonville, Florida, based on potential impacts the Range could have to the endangered North Atlantic Right Whale and other endangered species. The court held that the Navy and the National Marine Fisheries Service (NMFS) had met their obligations under the National Environmental Policy Act of 1969 (NEPA as amended and the Endangered Species Act of 1973 (ESA as amended thus far in the project.' The court also decided two cases under the Clean …

Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein

UF Law Faculty Publications

Climate change adaptation is all about water. Although some governments have begun to plan for severe water disruptions, many have not. The consequences of inaction, however, may be dire. As a report of the U.N. Environment Programme warns, “countries that adopt a ‘wait and see’ approach potentially risk the lives of their people, their ecosystems and their economies.” In the United States, according to one study, nearly 60% of the states are unprepared to deal with the impending crisis. Responding to this void, we offer what we believe is the first comprehensive, fifty-state survey of water allocation law and its …

Prosecutorial Discretion And Environmental Crime, David M. Uhlmann

Articles

Prosecutorial discretion exists throughout the criminal justice system but plays a particularly significant role for environmental crime. Congress made few distinctions under the environmental laws between acts that could result in criminal, civil, or administrative enforcement. As a result, there has been uncertainty about which environmental violations will result in criminal enforcement and persistent claims about the overcriminalization of environmental violations. To address these concerns — and to delineate an appropriate role for criminal enforcement in the environmental regulatory scheme — I have proposed that prosecutors should reserve criminal enforcement for violations that involve one or more of the following …

Avoiding The Catch-22: Reforming The Renewable Fuel Standard To Protect Freshwater Resources And Promote Energy Independence, Leah Stiegler

Law Student Publications

Part I presents background on the ethanol industry and the implementation and development of the RFS. It also gives a brief overview of the non-water-related reasons that have led various sectors of the economy to oppose ethanol. Part II provides an overview of ethanol production (from cornfield to refinery) and the impact each stage of the process has on freshwater resources in the United States. Given the harm that the current RFS has caused by failing to consider the impact of the ethanol production process on our nation's freshwater resources, a policy change needs to happen. Yet there are some …

Performance Track’S Postmortem: Lessons From The Rise And Fall Of Epa’S “Flagship” Voluntary Program, Cary Coglianese, Jennifer Nash

All Faculty Scholarship

For nearly a decade, the United States Environmental Protection Agency (“EPA”) considered its National Environmental Performance Track to be its “flagship” voluntary program — even a model for transforming the conventional system of environmental regulation. Since Performance Track’s founding during the Clinton Administration, EPA officials repeatedly claimed that the program’s rewards attracted hundreds of the nation’s “top” environmental performers and induced these businesses to make significant environmental gains beyond legal requirements. Although EPA eventually disbanded Performance Track early in the Obama Administration, the program has been subsequently emulated by a variety of state and federal regulatory authorities. To discern lessons …