Hidden in Plain Sight: The Dangers of Environmental Protections Waivers

Authors

Olivia Stevens, Indiana University Maurer School of LawFollow

Document Type

Note

Publication Date

Spring 2022

Publication Citation

97 Indiana Law Journal 785 (2022)

Abstract

When enacting both statutory and regulatory environmental protections, Congress and various agencies have recognized that emergency situations could arise that would require flexibility in the application and enforcement of those protections. Incorporating waivers into such protections provides that flexibility. However, the current state of waivers leaves them vulnerable to abuse. In this Note, I explore how a lack of procedural and substantive safeguards allows the inappropriate use of waivers to further administrative agendas in a way that poses serious risks to both environmental and human health. I then suggest remedial measures available to Congress that would strengthen environmental protections while still allowing for effective responses to emergencies.

Recommended Citation

Stevens, Olivia (2022) "Hidden in Plain Sight: The Dangers of Environmental Protections Waivers," Indiana Law Journal: Vol. 97: Iss. 2, Article 9.
Available at: https://www.repository.law.indiana.edu/ilj/vol97/iss2/9