ABSTRACT

In the last two chapters we examined the nature of water problems in America and the enforcement process that has been established to deal with them. In this chapter we begin to focus on the behavior of the bureaucrats who enforce the Clean Water Acts. This is our objective throughout the remainder of the book. In this chapter we ask a series of fundamental questions: How do EPA NPDES personnel enforce the law? Why do they enforce it the way they do? Which factors motivate their enforcement behavior? We argue that NPDES personnel respond to the diverse nature of the regulatory environment that is characteristic of surface-water-related issues in America. We argue that their enforcement behavior is motivated largely by pragmatic concerns. We call this bureaucratic style "pragmatic enforcement."