Abstract

HERVE ESPEJO, DOMINIQUE. Beyond Compliance: Justice as a Goal of Environmental Enforcement. Rev. Derecho Estado [online]. 2024, n.58, pp.361-388.  Epub Feb 17, 2024. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n58.13.

Through the analysis of a tool of environmental enforcement, in the United States, the Supplemental Environmental Projects (SEP), it is proposed that the incorporation of rules and criteria of environmental justice in the regulatory design of the powers of control, sanction and compliance brings as a consequence the possibility of addressing the disproportionality in the distribution of environmental burdens, risks and impacts resulting from non-compliance with environmental regulations. Specifically, the criteria of environmental justice identified in these projects are those of environmental additionality, environmental remediation, identification and approximation of victims and offenders, and that of the citizenry as collaborators in the supervision and definition of the SEPS.

Keywords : Environmental enforcement; environmental justice; environmental compliance; public participation; Supplemental Environmental Projects.

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