Abstract
Compliance has no one definition. Noncompliance has no one explanation. A farmer or small businessperson sees noncompliance as a response to unfair regulations promulgated by bureaucrats who do not possess adequate knowledge of the private sector. Legal counsel to an environmental agency concludes that the pollution problem would be solved if government more efficiently ai;d aggressively enforced major regulatory laws. The vice-president for environmental affairs of a large corporation, a resident of a community that has been polluted by a neighboring industry, the technical consultant to a legal suit involving unacceptable disposal techniques all have different views of the compliance problem.
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References
Stone (1975, at 228) states that his recommendations involve “more widespread invasion of corporate managerial autonomy than anything ever tried in this country.”
10 CFR 61. Another important example is the Hazardous and Solid Waste Amendments of 1984, P.L. No. 98–616, 96 Stat. 3221.
42 U.S.C. § 7401–7642.
Inside EPA, Apr. 8, 1983, at p. 6. See also 50 Fed. Reg. 46504 (Nov. 8, 1985).
Inside EPA, Sept. 17, 1982,’ at p. 5.
See the Federal Trade Commission Improvements Act of 1979, 15 U.S.C. 58 and Executive Order 12291, Feb. 17, 1981.
Inside EPA, Jan. 6, 1984, at p. 4.
Inside EPA, Nov. 26, 1982, at p. 4.
Inside EPA, July 24, 1981, at p. 6.
The Board of Directors in 1985 consisted of Archibald Cox, Carl M. Loeb, a professor in the Harvard Law School; William Baker, Chairman Emeritus, Bell Laboratories; Donald Kennedy, President, Stanford University, and formerly administrator of the United States Food and Drug Administration; and Charles Powers, President, Clean Sites, Incorporated.
Consensus Workshop on Formaldehyde, Little Rock Arkansas, Oct. 2–6, 1983.
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DiMento, Joseph, Lambert, William, Suarez-Villa, Luis, and Tripodes, James. “Siting of Low Level Radioactive Waste Facilities,” Journal of Environmental Systems 15, 1 (1985–86), at 19–43.
I am indebted to Gilbert Geis for this latter point.
5 U.S.C. §§ 551–559; 701–706; 3105; 3344; 5362; 7521 (1967). For a rather complete analysis of the practices required in agency reaction to new information on the record see Ethyl Corporation v. EPA, 541 F.2d 1(1976).
The Advisory Council on Executive Organization headed by Roy L. Ash, “President’s Advisory Council on Executive Organization,” Presidential Doc. (Feb. 8, 1971), at 174, cited in Glen O. Robinson, “On Reorganizing the Independent Regulatory Agencies,” Virginia Law Review, 57 (1971), at 947–995.
Reed, P., “The Environmental Protection Act of 1983—Is an Environmental Protection Commission Necessary?” Environmental Law Reporter, 13 (Mar., 1983) at 10064–10065.
The reform has already been introduced in Congress. See H.R. 2362, 98th Cong., 1st Sess. (Scheuer), Mar. 23, 1983.
Los Angeles Times, Feb. 5, 1983.
See also Representative Albert Gore’s hearings on EPA, Sept., 1983.
Interview, Mar. 1, 1982.
See Chap. 5.
See Appendix for complete citation.
See Note (Winter, 1982).
Interview K.
Judge Sidney Feinberg, Court of Appeals, Fifth Circuit, Remarks at Environmental Law Institute ALI-ABA Conference on Environmental Law, San Francisco, California, Feb., 1983.
15 U.S.C. § 57a(h)1 (West Supp. 1976).
Seventeen states allow for the initiative in their constitutions. Council of State Governments, The Book of States (1982).
See Institute for Governmental Studies, California Data Brief, “Propositions: The Initiative In Perspective,” University of California, Berkeley (Apr., 1982).
California Coastal Zone Conservation Act, 18 Cal Pub. Resources Code §§ 27000 et seq. It became effective Nov. 8, 1972.
42 U.S.C. §§ 7401–7642, 7604; 33 U.S.C. §§ 1251–1376, 1365.
An example is MEPA. See Chap. 3, p. 48.
Compare Sax and DiMento (1974) and Haynes (1976) and Bryden (1976).
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DiMento, J.F. (1986). Making Environmental Law Work. In: Environmental Law and American Business. Environment, Development, and Public Policy. Springer, Boston, MA. https://doi.org/10.1007/978-1-4899-0565-9_8
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