Out of Bounds and Out of Control: Regulatory Enforcement at the EPA

Does the EPA comply with the basic principles embodied in the phrase the rule of law. James DeLong says they do not. This book should frighten all who believe in the democratic process. "Out of Bounds and Out of Control measures the enforcement activities of the Environmental Protection Agency against that standard and finds them disturbingly deficient. Environmental regulation is so detailed and obscure that no one can identify all relevant mandates, let alone ensure compliance. EPA maintains broad discretion to define legal violations and resists any checks. Discretion is exercised retroactively or arbitrarily. People fear to dispute the agency's interpretation of its power or express doubts about the absolute primacy of its mission lest they be made into examples. The concept of "intent" has become so attenuated that it provides no limitation on prosecution.". "EPA also blurs the lines separating governmental powers. Using its open-ended authority to "interpret" vague statutes, it makes the laws that define its own powers, then investigates, prosecutes, adjudicates, and penalizes. Judicial checks are sporadic. This panoply of authority breeds regulatory zealotry and a disregard for the rights of the regulated."--BOOK JACKET. In this broad conservative attack on the regulatory powers of the Environmental Protection Agency, DeLong (senior fellow at the Competitive Enterprise Institute) argues that the EPA in its rule making and enforcement violates the rule of law. In separate chapters he argues that the EPA is arbitrary in enforcement practices, that its rules are so Byzantine that a defendant could not be reasonably expected to know what is required, that regulatory standards and standards of evidence are changed capriciously, and that the agency is power hungry. He suggests a reform regime that would "restore civil liberties" to violating businesses, the substitution of civil charges for criminal charges, and force all regulatory change through the full Congress and the White House. Annotation copyrighted by Book News, Inc., Portland, OR 1. The Abcs Of Enforcement -- 2. Epa Enforcement: Arbitrary And Capricious -- 3. Epa's Disregard Of Intent -- 4. The Inscrutability Of Regulatory Requirements -- 5. Retroactive Rulemaking Though Enforcement -- 6. Retroactive Rulemaking Via Evidentiary Standards: The Credible Evidence Rule -- 7. Legislation Through Enforcement -- 8. Federal-state Relations -- 9. Civil Liberties And Constitutional Rights -- 10. Avenues For Reform. James V. Delong. Includes Bibliographical References (p. 93-103) And Index.