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Cruden, John C.; Gelber, Bruce S. --- "Federal Civil Environmental Enforcement in the United States: Process, Players, and Priorities" [2011] ELECD 312; in Paddock, Lee; Qun, Du; Kotzé, J. Louis; Markell, L. David; Markowitz, J. Kenneth; Zaelke, Durwood (eds), "Compliance and Enforcement in Environmental Law" (Edward Elgar Publishing, 2011)

Book Title: Compliance and Enforcement in Environmental Law

Editor(s): Paddock, Lee; Qun, Du; Kotzé, J. Louis; Markell, L. David; Markowitz, J. Kenneth; Zaelke, Durwood

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448315

Section: Chapter 8

Section Title: Federal Civil Environmental Enforcement in the United States: Process, Players, and Priorities

Author(s): Cruden, John C.; Gelber, Bruce S.

Number of pages: 26

Extract:

8. Federal Civil Environmental Enforcement
in the United States: Process, Players, and
Priorities
John C. Cruden and Bruce S. Gelber*

1. INTRODUCTION

Etched over the entrance to the Robert F. Kennedy Department of Justice building are
these words: "Justice is founded in the rights bestowed by nature upon man. Liberty is
maintained in security of justice." The U.S. Department of Justice (DOJ) is responsible
for bringing actions in federal court to assure compliance with the nation's laws,
including laws designed to prevent pollution and protect human health and the natural
environment. Environmental enforcement is one of the core responsibilities of DOJ,
acting through the Environment and Natural Resource Division (ENRD) and the 94
United States Attorney's Offices located throughout the nation.
This article will generally describe the structure of environmental enforcement
in the United States, including the fundamental role of the states and localities,
and then describe the key federal enforcement players, before turning to the
enforcement process. Our discussion of the enforcement process will focus
primarily on one aspect of environmental enforcement, civil judicial cases
brought by the United States in federal court. While this discussion is intended to
be a basic summary, it includes all of the major phases of civil enforcement
actions, from investigation to trial or settlement.

2. THE PYRAMIDAL STRUCTURE OF ENVIRONMENTAL
ENFORCEMENT IN THE UNITED STATES

2.1 Major Components of the Pyramid

2.1.1 State, Tribal, and Citizen Enforcement
When we speak about environmental enforcement, we often describe it ...