Environmental Enforcement

by Mintz, Joel A.; Rechtschaffen, Clifford; Kuehn, Robert

• ISBN13: 9781594600333
• ISBN10: 1594600333
• Format: Hardcover
• Copyright: 2007-08-01
• Publisher: Carolina Academic Press

Summary

Environmental Enforcement is the first casebook devoted exclusively to environmental enforcement issues. Perfect for a specialized course or seminar, or as a supplement to existing survey courses, the book provides in-depth coverage of this emerging and dynamic field. Although literally thousands of attorneys in government, private practice, and public interest organizations are involved in environmental enforcement in all or nearly all of their practice, this subject too often receives only cursory treatment in traditional texts. This book introduces future lawyers to the full range of legal issues and practical challenges they will face when handling environmental enforcement cases.The book begins with an examination of the theories underlying the various models of environmental enforcement and the appropriate roles of the federal and state governments in enforcement. It then contains chapters on government investigative authorities and administrative, civil, criminal, and citizen enforcement. There also is a lengthy chapter devoted to the specialized issues arising in Superfund enforcement. The book then examines the burgeoning area of compliance incentives and assistance programs, and also discusses alternative enforcement strategies, such as permit bars, public spotlighting techniques, and common law theories. Problem exercises appear throughout the book.

Author Biography

Joel Mintz is a Professor of Law at the Nova Southeastern University Shepard Broad Law Center. Clifford Rechtschaffen is a professor of law and Co-Director of the Environmental Law and Justice Clinic at Golden Gate University School of Law. Robert Kuehn is a Professor of Law and Director of Clinical Programs at The University of Alabama School of Law.

Table of Contents

Introduction to environmental enforcement	p. 3
Reporting, investigation, and information gathering	p. 39
Administrative enforcement	p. 79
Civil judicial enforcement	p. 111
Enforcement of waste site liability	p. 159
Criminal enforcement	p. 211
Citizen enforcement	p. 257
Compliance assistance, incentives, and voluntary approaches	p. 305
Alternatives to traditional enforcement methods	p. 337
Table of Contents provided by Blackwell. All Rights Reserved.