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54 Md. L. Rev. 1552 (1995)
Enforcement of Environmental Law in a Triangular Federal System: Can Three Not Be a Crowd When Enforcement Authority Is Shared by the Untied States, and Their Citizens

handle is hein.journals/mllr54 and id is 1564 raw text is: ENFORCEMENT OF ENVIRONMENTAL LAW IN A TRIANGULAR FEDERAL SYSTEM: CAN THREE NOT BE A CROWD WHEN ENFORCEMENT AUTHORITY IS SHARED BY THE UNITED STATES, THE STATES, AND THEIR CITIZENS? DAVID R. HODAS* [V]igorous enforcement... is pivotal in promoting im- proved water quality. Waste water facilities will operate within their permit limitations if Federal agencies or States are serious about compliance. But as long as EPA and the States continue to take ineffective enforcement actions and reduce proposed fines down to insignificant amounts, the companies and local governments that comply with environ- mental laws are the ones being penalized, not the violators. -John Martin, Inspector General, U.S. EPA' INTRODUCTION ................................................... 1553 I. THE EVOLUTION OF THE WATER POLLUTION ENFORCEMENT SYSTEM .................................... 1563 II. ENFORCEMENT IN A FEDERAL SYSTEM ..................... 1571 A. The Distribution of Enforcement Responsibility ........... 1571 B. The Unlevel Playing Field Problem ..................... 1574 III. THE FEDERAL/STATE LEG OF THE ENFORCEMENT TRIANGLE ................................................. 1578 A. Organizational Structure .............................. 1578 B. Tensions in the Federal/State Leg of the Enforcement Triangle ............................................. 1581 C. When Should EPA Enforce the CWA: Statutory Directives and EPA Policy ...................................... 1581 1. Statutory Structure ................................ 1581 * Copyright © 1995 by David R. Hodas. Associate Professor, Widener University School of Law; LL.M. in Environmental Law (Feldshuh Fellow) 1989, Pace University School of Law;J.D., cum laude, 1976, Boston Uni- versity School of Law; BA, cum laude, 1973, Williams College. 1. Water Pollution Prevention and Control Act of 1991: Hearing on S. 1081 Before the Sub- comm. on Environmental Protection of the Senate Comm. on Environment and Public Works, 102d Cong., 1st Sess. 688 (1991) [hereinafter Senate Hearings] (statement ofJohn Martin, Inspec- tor General, Environmental Protection Agency (EPA)). 1552

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