ABSTRACT

Robert Kennedy, when he was United States Attorney General, was keen on saying that "knowledge is power." Such knowledge of policy and politics is also a prerequisite to productive participation in the regulatory process. Technical knowledge encompasses an understanding of the technical aspects of the regulated discipline, of the technical basis of the regulation, of peripheral technologies that can either support or impact, and, generally, of the basic underlying science. A more fundamental purpose for technical knowledge of the regulated discipline is compliance. While technology usually provides more than a single pathway to a given objective, the technical aspects of environmental regulation typically are based on a specified methodology — a selected scientific approach with its concomitant family of underlying assumptions. The supporting properties of peripheral technology can be particularly useful during permit negotiations. The structural basis for environmental law is nuisance law, derived from past case law. All environmental statutes include provisions authorizing, if not encouraging, citizen suits.