5 TRENDS IN GOVERNMENT LIABILITY UNDER ENVIRONMENTAL LAWS - IMPLICATIONS FOR PUBLIC-ADMINISTRATION

What are the implications of our changing environmental laws for U.S. public administration? In this article, Rosemary O'Leary examines five trends in government liability under environmental laws: (1) the eros ion of government immunity; (2) criminal liability of lower and middle level government employees; (3) increased reporting requirements; (4) the municipality as water pollution control agency, and (5) liability for regulatory takings. O'Leary concludes that these developments wil l prompt nothing less than a fundamental change in public administrati on as we know it today. Proactive steps, such as using the budgetary p rocess as a defensive mechanism, are suggested as a means of addressin g the challenges that environmental laws pose to public managers.