Due Process

It’s expensive to pollute the water in Colorado. The state’s median fine for companies caught violating the federal Clean Water Act is over US$30,000, and violators can be charged much more. In Montana, however, most violators get barely a slap on the wrist – the median fine there is $300. Similarly, in Virginia, the typical Clean Water Act violation issued by the state is $9,000, while across the border in North Carolina, the median is around $600. Even federal penalties vary significantly among regions. In the South (EPA Region 6) the median Clean Water Act penalty issued by the U.S. Environmental Protection Agency regional office is $10,000, while in EPA Region 9 (including California, Nevada, Arizona and Hawaii), the median is over six times as high. We discovered just how startling the differences are in a new study, published in the Stanford Environmental Law Journal. My colleague Amy Vaughan and I reviewed 10 years of EPA data on penalties issued under...