We are in the second decade of modem environmental law. By some
indicators this body of regulation has matured greatly. We can point to
statutes and codes at the federal, state, and local levels which address
almost every conceivable form of pollution and environmental insult.
Yet, despite the existence of this large body of law, despite
considerable expenditures on enforcement, and despite the energetic
efforts of people sympathetic to environmental objectives, violations
are numerous. Serious pollution problems are commonplace. Love Canal,
the Valley of the Drums, Times Beach, and Stringfellow Acid Pits
epitomize the national environmental quality challenge. Daily, a major
illegal disposal of haz- ardous waste is recorded; a new mismanaged dump
site is discovered; a toxic substance is found in our drinking water; or
a failure to meet a water or air quality standard is identified. Many of
these violations involve American business. Failures to comply are of
several types. A small businessman in Pennsylvania mistakenly allows a
spillover of a pollutant into a protected stream. An industrialist in
the Midwest adds to his fortune by illegally dumping dangerous
chemicals. A series of errors by several firms, some of which no longer
exist, combine to create a health- threatening conflagration on the West
Coast. An automobile company interprets one of the almost innumerable
air pollution rules differently from government: It produces a car which
the government says fails to comply with the Clean Air Act.