Article by Robert R. Kuehn
Politicians and state environmental officials are increasingly calling on the federal government to devolve enforcement of federal environmental laws from federal to state environmental agencies. This Article reviews the original rationale for federal enforcement and finds they are still largely justified, even twenty years after the enactment of most federal environmental laws and in spite of significant improvements in state enforcement programs. The Article then argues that the appropriateness of devolving enforcement should be judged under the criteria of effectiveness, efficiency, and equity. Although there is only limited empirical data on state and federal enforcement programs, these public policy criteria also do not support a dramatic reduction in the enforcement role of the federal government.
About the Author
Robert R. Kuehn. Professor of Clinical Law and Director, Tulane Environmental Law Clinic.
Citation
70 Tul. L. Rev. 2373 (1996)