Putting the Pieces Together: State Nonpoint Source Enforceable Mechanisms in Context
Author
James M. McElfish, Environmental Law Institute
Date Released
June 2000
Putting the Pieces Together: State Nonpoint Source Enforceable Mechanisms in Con

Paying landowners not to pollute, providing free technical advice, and relying on voluntary adherence to BMPs has proven to be an incomplete strategy in many cases. Gradually, states are turning to enforceable mechanisms – including discharge prohibitions, direct enforcement of water quality standards, pollution abatement orders, required operating practices, nuisance and misdemeanor prosecutions, and civil and administrative penalties -- to supplement other approaches.

Enforceable State Mechanisms for the Control of Nonpoint Source Water Pollution
Author
James M. McElfish Jr., Environmental Law Institute
Date Released
October 1997
Enforceable State Mechanisms for the Control of Nonpoint Source Water Pollution

This study examined the laws of the fifty states, Puerto Rico, and the District of Columbia to identify and analyze enforceable mechanisms for the control of nonpoint source water pollution. An enforceable mechanism consists of a standard applicable to an identified entity or entities; a sanction such as a civil, criminal, or administrative penalty, loss of a license, and performance of required remedial action, but not mere loss of an incentive; and a process, either explicit or implied, for applying the standard and imposing the sanction.

Enhancing State Superfund Capabilities: Nine State Study
Author
Environmental Law Institute Staff
Date Released
December 1990

Nine state hazardous substance cleanup programs were studied in depth in 1989 to determine what elements of funding, enforcement, program organization and other factors are important to state capabilities. Colorado, Illinois, Minnesota, New Hampshire, New Jersey, North Carolina, Oregon, Pennsylvania, and Texas were studied in this report. Part I synthesizes the results across states and draws conclusions concerning means of enhancing programs. Part II reports on each of the states studied and shows how program features combine in the context of operating programs.

The Role of the Citizen in Environmental Enforcement
Author
E. Roberts; J. Dobbins; Margaret Bowman, Environmental Law Institute
Date Released
December 1992

Drawing on the resources of citizens can enrich and strengthen the environmental enforcement process in several ways. First, citizen participation in environmental enforcement taps the direct, immediate connection between individuals and their environment. Citizens are uniquely knowledgeable about their own communities. Their day-to-day observations give them access to information about environmental conditions that the government could never obtain. Involving citizens in environmental enforcement encourages productive use of this information.

Practical Approaches to Implementing Environmental Laws: Getting from Here to There
Author
Margaret Bowman, Environmental Law Institute
Date Released
February 1993

The sweeping environmental protection goals often adopted in laws cannot be achieved overnight. The very fact that pollution controls are needed presupposes that the status quo, in which society is operating without such controls, has posed an unacceptable threat to the environment. Imposing environmental protection requirements on current operations will necessarily require significant adjustments in the behavior of individuals, government agencies, and industry.

Beyond Enforcement? Enforcement, Compliance Assistance, and Corporate Leadership Programs in Five Midwest States
Date Released
January 2003
Beyond Enforcement? Enforcement, Compliance Assistance, and Corporate Leadership

This study identifies the structural and management prerequisites for sound integrated environmental compliance programs. Integrated compliance programs require unified planning and management of compliance activities and rely on targeted, priority-based problem solving. Integrated compliance programs also use the full range of compliance tools such as inspections, enforcement, compliance assistance, and leadership incentives, and require careful evaluation to determine which tools produce the most effective results for solving various types of environmental problems.

Environmental Protection: Is it Bad for the Economy?
Author
Frank S. Arnold
Date Released
July 1999

This article reviews the evidence that can be brought to bear to verify or refute accusations that environmental regulation is too expensive, reduces economic growth, hurts international competitiveness, and causes widespread layoffs and plant closures.. In all cases, these assertions do not stand up to a careful examination of the facts. First, we do indeed spend a considerable amount on environmental protection, but not as much as we do on health care and national defense

Strengthening U.S.-Mexico Transboundary Environmental Enforcement: Legal Strategies for Preventing the Use of the Border as a Shield Against Liability
Author
Tobie Bernstein
Date Released
September 2002

Strengthening U.S.-Mexico Transboundary Environmental Enforcement: Legal Strategies for Preventing the Use of the Border as a Shield Against Liability analyzes key legal issues that arise when pursuing formal enforcement actions against those that attempt to use the border as a shield. Underlying the discussion is the recognition that cooperation and coordination between U.S. and Mexican officials are critical importance in transboundary enforcement efforts. The report focuses on different civil legal issues that may arise in U.S.

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