Judicial enforcement of state and municipal compliance with the Clean Water Act: can the courts succeed?

Article Abstract:

Federal courts need a strategy to enforce compliance with the 1972 Clean Water Act (CWA). The financial burden of CWA projects has fallen on the states and local governments due to federal cutbacks, and publicly owned treatment works (POTWs) are often in violation of CWA. Effective strategies for enforcement by consent decrees could include moratorium orders on services, receiverships of POTWs and direct court orders.

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Antaeus and the public trust doctrine: a new approach to substantive environmental protection in the common law

Article Abstract:

Public trust doctrine should be expanded for the purpose of maintaining ecosystems. The doctrine was developed to cover uses of natural resources such as navigable waterways, and the view of natural resources should include ecosystems. Such a doctrine fits legal requirements of consistency, cohesiveness and predictability. It would also foster public use of resources while protecting the environment.

Environmental aspects, Public trust doctrine

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• Abstracts: The role of the judiciary in environmental protection. Models for environmental regulation: central planning versus market-based approaches

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