This Note will proceed in four parts to examine why enabling EPA [Environmental Protection Agency] litigation autonomy over reestablishing the EPA as a traditional independent agency is a better way of achieving uniform enforcement of environmental policy and regulations. Part I will address the history of independent agencies. Part II will briefly overview the arguments for and against independent agencies and discuss how Supreme Court precedent affects independent agency status. Part III will focus on whether the EPA would benefit from independent agency status. Lastly, Part IV will focus on the use of Supplemental Environmental Projects (“SEPs”) in settlement agreements and how the DOJ’s actions can affect EPA enforcement and the promotion of environmental justice in adversely affected communities.
This abstract has been taken from the author's introduction.