Balancing the Equities

Facilities in noncompliance may want to keep a unit running while the violation is rectified, arguing in court that the benefit to the community from continuing to operate exceeds the benefit of avoiding the excess pollution. But many states and federal circuits do not allow such common sense judicial weighing, ceding too much power to permitting agencies.

Article copyright of and reprinted by permission of The Environmental Forum.

To read the article, click "View as PDF" below.