Both within the United States and other countries, enforcement by government agencies and individual private citizens is widely viewed as a crucial aspect of the implementation of environmental laws. It is critical as a legal control on individuals and companies who violate pollution control standards and serves as a negative incentive for those who might otherwise violate the law. Moreover, enforcement is an important indicator of the seriousness with which government authorities regard environmental goals and policies.

Enforcement Authority

Under a typical U.S. federal environmental statute, after finding a source of pollution—such as a steel mill or an electric utility—to be in violation of some pollution control requirement of the statute itself, or a permit or regulation issued under it, the U.S. Environmental Protection Agency (EPA) may pursue one or more of several legal enforcement options. The EPA may (1) issue a formal written notice...