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A Guide to Monetary Sanctions for Environment Violations by Federal Facilities

By Charles L. Green

Abstract

Many federal environmental statutes require compliance by federal agencies by providing waivers of sovereign immunity. This Article explores the availability of civil penalties against the United States through an analysis of three United States Supreme Court decisions, encompassing the Clean Water Act, the Resource Conservation and Recovery Act, and the Comprehensive Environmental Response, Compensation, and Liability Act. It reviews the holdings in these cases to determine the efficacy of the waiver of federal sovereign immunity in each of these statutes, and develops a framework for analyzing the waiver available under the Clean Air Act. Ultimately, this Article concludes that the Clean Air Act\u27s citizen suit provision is a viable, yet unused, basis to impose civil penalties against federal facilities

Publisher: DigitalCommons@Pace
Year: 1999
OAI identifier: oai:digitalcommons.pace.edu:pelr-1278
Provided by: DigitalCommons@Pace

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