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Enforcement

Plain Meaning, Precedent, and Metaphysics: Lessons in Statutory Interpretation From Analyzing the Elements of the Clean Water Act Offense

This Article, the fifth in a series of five, completes the author’s detailed analysis of how federal courts have interpreted each element of the Clean Water Act (CWA) offense. Compiling statistics across the four prior articles, it...

A Detailed Look at the Effects of Sackett v. EPA on Administrative Enforcement Orders

On March 21, 2012, the U.S. Supreme Court issued its opinion in Sackett v. U.S. Environmental Protection Agency and settled the question of whether “pre-enforcement” judicial review is available for an administrative compliance...

"Green Collar Criminals" and Wetlands Uncertainty: The Effect of Criminal Provisions in Public Welfare Statutes on Wetlands

Under the public welfare doctrine, certain regulatory crimes require no showing of the traditional mens rea, or "guilty mind," as a predicate to criminal liability. The doctrine has been used to relax intent requirements in criminal...

Environmental Citizen Suits at Thirtysomething: A Celebration and Summit

Preface

In 1970, the U.S. Congress gave citizens the remarkable authority to file federal lawsuits as "private attorneys general" to enforce the Clean Air Act (CAA).1 Congress intended citizen...

Laidlaw (Even Industry Gets the Blues)

adapted from Layla (by Eric Clapton and Jim Gordon)1

What do we do when we get sued now

If the Supremes aren't on our side?

If we can't rely on standing constraints

Do they expect us...

Environmental Litigation After Laidlaw

As law students frequently discover during exams, the law of standing is easy to state but hard to apply. The basic rules are simple and well-settled. Under Article III of the U.S. Constitution, in order to invoke federal jurisdiction,...

Standing in Environmental Citizen Suits: Laidlaw's Clarification of the Injury-in-Fact and Redressability Requirements

In its first week of business during the new millennium, the U.S. Supreme Court decided Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.,1 and provided important clarifications...

Standing and Mootness After Laidlaw

Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.1 may prove to be the most important environmental decision since Chevron, U.S.A., Inc. v. Natural Resources Defense Council...

Encouraging Self-Auditing Within the Pork Industry: The Nationwide Clean Water Act Enforcement Agreement for Agriculture's First Industry-Wide Environmental Auditing Program

Editors' Summary: Late last year, EPA and the National Pork Producers Council (NPPC) announced that they had developed a compliance assurance program (CAP) under which U.S. pork producers can reduce their penalties for FWPCA...