About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

72 Md. L. Rev. 1204 (2012-2013)
When Strong Enforcement Works Better Than Weak Regulation: The EPA/DOJ New Source Review Enforcement Initiative

handle is hein.journals/mllr72 and id is 1228 raw text is: WHEN STRONG ENFORCEMENT WORKS BETTER THAN WEAK REGULATION: THE EPA/DOJ NEW SOURCE REVIEW ENFORCEMENT INITIATIVE THOMAS 0. MCGARITY* I. INTRODUCTION Every regulatory program encounters regulatees who are determined to do as little as possible to comply with regulatory requirements imposed by the applicable statute or, more typically, by regulations promulgated by the implementing agency. When Congress or the regulatory agency uses ambiguous language to establish regulatory requirements or imposes those requirements in highly complex ways, regulatees can interpret critical words or employ complexity to their advantage. In characterizing how regulatees comply with regulatory requirements, Professors Hickman and Hill divide them into three categories.1 Maximal compliers are risk averse with respect to being prosecuted for violating regulations for various reasons, including reputational considerations, a perceived alignment of interest with the regulators, or a preference for stability over uncertainty.! Flouters have little regard for regulatory requirements, most of which they believe to be illegitimate, and they are inclined to pursue their economic interests without regard to those requirements. Even when the language of the statute or regulation is precise and the regulatory regime lacks complexity, flouters are willing to engage in what they know to be unlawful conduct if the risk of being prosecuted multiplied by the magnitude of the resulting punishment is sufficiently low.' Copyright © 2013 by Thomas 0. McGarity. Joe R. and Teresa Lozano Long Endowed Chair in Administrative Law, University of Texas School of Law. 1. Kristin E. Hickman & Claire A. Hill, Concepts, Categories, and Compliance in the Regu- latory State, 94 MINN. L. REv. 1151, 1159-65 (2010). 2. Id. at 1161. 3. Id. at 1160-61. 4. Id. 1204

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most