When the government enforces the environmental laws, it ought to be trying to accomplish something. I suggest that the government ought to be trying to make people better off. The government's lawyers can better explain why they are entitled to relief if they can connect the enforcement to that end. Others can better resist or challenge government action by pointing out how it does not serve the purpose. Courts ought to be able to hold all parties to that standard.
Does Environmental Enforcement Against Individuals Make Sense?
The Legal Intelligencer
September 17, 2013