Environmental Enforcement and Compliance
About This Class
This course is an introduction to the theory and practice of enforcement of the federal pollution control laws. The course will describe the basic regulatory structure of the pollution control laws, and then analyze in detail how to apply the administrative, civil judicial, and criminal enforcement tools available to federal and state regulators, for gaining compliance with environmental standards. We will then delve into the practice of civil enforcement, including methods for investigating and establishing potential violations, selection of the appropriate enforcement response, calculation of penalties, use of supplemental environmental projects or other innovative remedies, and practical issues arising in citizen suit enforcement. We will also discuss key issues related to criminal enforcement, including establishment of the elements of the offense and considerations of mental state requirements and the burden of proof. Finally, we will discuss alternatives to traditional command-and-control regulation and enforcement for gaining compliance with environmental standards. Prerequisite: Environmental Law.