Environmental Enforcement of Federal Agencies: A Struggle for Power Under the 'New Federalism'.

摘要

The challenge to Federalism presented by the new wave of environmental statutes is, while not unique in our history, a significant strain on state and federal relations. Behind this tension is the question of who should enforce these laws, especially when the violator is a Federal agency. Traditionally Federal agencies have been free to perform their diverse missions without restraint either from other Federal agencies or the states. This freedom has led to abuse in the arena of environmental compliance. Recent congressional hearings concerning amendments to the Resource Conservation and Recovery Act saw a congressional feeding frenzy over what was termed the abominable mess of federal facility environmental compliance. The obvious anger and frustration directed toward federal agencies, including the Environmental Protection Agency (EPA), by representatives of the states is a clear indicator of the extent of the problem and also a catalyst for an ill-conceived and dangerous legislative fix. Keywords: Environmental management; Hazardous waste; Pollution control. (kt)