Dirty River Runs Through It (The Failure of Enforcement in the Clean Water Act)

Abstract

Though our environmental legal system is set up in co-operative federalism, which supposedly allows the federal government or citizens to enforce environmental laws if the states do not do so in the first instance, it has a particular weakness. Under the legal doctrines, any enforcement will do, but all enforcement is not created equally. This article does a stastical analysis of two states enforcement records and shows that there enforcement is vastly different. This suggests that the possibility of uniform state enforcement is a myth, leading to problems with environmental protection.

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