Abstract |
The working papers collected in this volume set forth the legal research the Connecticut Enforcement Project (CEP) has undertaken in the course of designing economic enforcement tools for the Department of Environmental Protection. The analyses were done during various phases of the project and reflect a number of objectives: (1) to expose constitutional problems attending Public Act 73-665, the Environmental Enforcement Act, in hopes that the administrative interpretation might lead the court in a positive direction; (2) to clarify statutory and administrative law constraints to avoid unknown risk-taking; (3) to examine the legal viability of assessing violators for the entire period of non-compliance, including the period prior to detection and during litigation; (4) to detail the legal consequences attending a number of specific procedural devices. Although each section focuses on one of these objectives, a considerable conceptual overlap necessarily exists. Similarly, since many of the working papers treat closely related issues from different perspectives some repetition exists as well. The substantive material of each section is preceded by a brief abstract of each of the working papers included. |