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Environmental Protection Agency

EPA's Civil Penalty Policies: Making the Penalty Fit the Violation

Editors' Summary: EPA has set numerous records in recent years in assessing civil penalties against violators of environmental laws. This Comment explains how EPA uses guidance documents called civil penalty policies to calculate...

A Clean Air Act Primer: Part III (Chapter 10)

Editors' Summary: This Article is the third in a three-part series on the Clean Air Act and the 1990 amendments. The authors analyze the new permit program mandated by the 1990 amendments, which requires the creation of a state-...

The "Regulatory Confusion" Defense to Environmental Penalties: Can You Beat the Rap?

Editors' Summary: Environmental regulations can be complex and confusing. Even sophisticated companies sometimes have trouble deciphering the regulations. A number of defendants have argued that environmental penalties should be...

A Clean Air Act Primer: Part II (Chapter 5)

Editors' Summary: In this second of a three-part series on the Clean Air Act and the 1990 amendments, the authors analyze the background of several key Clean Air Act sections, including the prevention of significant deterioration (...

A Clean Air Act Primer: Part I (Chapter 1)

Editors' Summary: On November 15, 1990, President Bush signed into law the Clean Air Act Amendments of 1990, the first comprehensive changes to the Act in 13 years. During the intervening months since its enactment, EPA has geared...

The Proposed WEPCo Rule: Making the Problem Fit the Solution

Editors' Summary: EPA's final decision on its proposed WEPCo rule, which addresses how new Clean Air Act provisions apply to electric utilities, is expected soon. This Article provides a glimpse into the regulatory machinery needed...

Civil Penalties and the Economic Benefits of Noncompliance: A Better Alternative for Attorneys Than EPA's BEN Model

My object all sublime

I shall achieve in time —

To make the punishment fit the crime.

— Gilbert and Sullivan, The Mikado

Federal environmental laws provide for civil penalties based on a number of...

Naturally Occurring Radioactiave Material: Regulators Should Look Before They Leap

Editors' Summary: The Atomic Energy Act does not regulate a variety of substances that occur routinely in nature or that may become radioactively enhanced through human activity. These substances, known as naturally occurring...

EPA's Delisting Program for Hazardous Wastes: Current Limitations and Future Directions

Editors' Summary: "Delisting" is the process by which the Environmental Protection Agency (EPA) excludes a particular facility's waste from otherwise applicable lists that would designate it as hazardous under the Resource...

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