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Environmental Protection Agency

Reinventing Environmental Permitting: Drafting the Permit

This Dialogue proposes to give permittees a new option in environmental permitting. The option will compress the permitting cycle while simultaneously generating better public support and better environmental protection. To some people...

TMDLs, Are We There Yet? The Long Road Toward Water Quality-Based Regulation Under the Clean Water Act

Editors' Summary: Water quality standards-based regulation has been the "reserve clause" of the Clean Water Act (CWA), intended to clean up waters that remain polluted after the application of technology standards. For 20 years,...

TMDLs: The Resurrection of Water Quality Standards-Based Regulation Under the Clean Water Act

Editors' Summary: The Clean Water Act (CWA) has rediscovered water quality standards. More accurately, environmentalists have discovered this oldest of pollution control strategies lying dormant in the Act and have litigated it into...

CERCLA's New Safe Harbors for Banks, Lenders, and Fiduciaries

Buried deep within the several thousand page Omnibus Consolidated Appropriations Act1 signed by President Clinton in the waning days of the 104th Congress are the first significant amendments in a decade to the...

Regulatory Reinvention and Project XL: Does the Emperor Have Any Clothes?

 

Project XL is built on the simple premise that in many cases companies know their business a whole lot better than the government does; that they understand how best to reduce their own pollution; that we will all benefit...

Rebuttal: EPA Enforcement and the Challenge of Change

Over the past few years, regulated industry's criticism of the U.S. Environmental Protection Agency's (EPA's) approach to enforcing environmental requirements has increased. Perhaps emboldened by shifts in Congress' composition, the...

Combined Sewer Overflows and Sanitary Sewer Overflows: EPA's Regulatory Approach and Policy Under the Federal Water Pollution Control Act

Editors' Summary: Combined sewer overflows and sanitary sewer overlows present unique problems for regulators. Although these problems were largely ignored until recently, EPA has finally begun to address the significant environmental...

EPA's New Enforcement Policy: At Last, a Reliable Roadmap to Civil Penalty Mitigation for Self-Disclosed Violations

Editors' Summary: On December 22, 1995, EPA issued its Final Policy Statement on Incentives for Self-Policing, which sets forth the conditions under which EPA will reduce civil penalties assessed against regulated entities when they...

Confessions of an Environmental Enforcer

It has become manifest that the manner in which the U.S. Environmental Protection Agency (EPA) imposes, implements, and enforces environmental requirements is in serious need of reform. This was recently and eloquently expressed by...

EPA's Project XL: A Paradigm for Promising Regulatory Reform

Much has been said and written about the impediments to environmental and economic progress that the current regulatory system presents.1 The overly prescriptive "technology enforcing" schemes that prior...