Blowing the Whistle on Environmental Law: How Congress Can Help the EPA Enlist Private Resources in the Fight to Save the Planet

Abstract

Following the 2008 financial crisis, regulators faced the task of returning the country to financial stability and protecting consumers. Given the challenges involved, Congress empowered the SEC and the CFTC, through the Dodd-Frank Act, to encourage whistleblowers to come forward through programs that provide significant financial rewards and protection. These programs are part of the evolving field of whistleblower law that has been tremendously successful at uncovering wrongdoing while rewarding whistleblowers. Given the success of these programs and recognition by Congress that they can be useful tools to combat threats to the government, Congress should consider whether a similar system would be beneficial in the environmental arena. Threats to the environment may pose a bigger, more tangible danger to the United States than threats to the economy. This Note argues that current environmental whistle-blower laws are too uncertain and lack adequate financial incentives and protections to attract meaningful participation. It advocates for a uniform whistleblower program established under the EPA, similar to those established by the Dodd-Frank Act under the SEC and the CFTC.