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.
Environmental enforcement is the effort by the government to get regulated entities to comply with the environmental laws and to remedy violations. Distinguish it from activities like permitting that declare the standards but do not enforce them.
