The “downsizing” of American government is a clear trend in public policy. Already, federal environmental agencies have significantly smaller staffs and fewer resources. However, few federal statutes have been systematically altered to accommodate the reduced resources of government agencies and address the complexity of environmental litigation. A major overhaul of environmental statutes to reflect a more limited federal role in enforcement or a shift in responsibility for environmental protection to either the states, other levels of government, or the private sector appears unlikely because the public’s expectations for improving environmental quality remain high. Thus, the laws in effect are unlikely to be aggressively enforced. Although state government is extolled as the most efficient vehicle for environmental protection, in the past it often has been either unable or unwilling to fulfill this role. Because the downsizing trend is also occurring in state government, it is unlikely to fill any void left by the federal government.