First of all I disagree that it's difficult to get injunctions to stop an activity that was illegal from the start. In fact, sometimes environmental reviews can backfire because they typically require affirmation by the government, which can create a defense to doing something that would otherwise be judged illegal. That type of loophole is why people are so cynical.

But even so, how does the song & dance prevent any of that? It's not like, e.g., a battery manufacturer submits a plan admitting that they're gonna dump stuff.