NCJ Number
133257
Journal
American Criminal Law Review Volume: 28 Issue: 3 Dated: special issue (1991) Pages: 427-471
Date Published
1991
Length
45 pages
Annotation
Eight principal statutes provide for Federal enforcement of environmental regulations through criminal prosecution: Clean Air Act; Federal Water Pollution Control Act; the Rivers and Harbors Act of 1899; the Safe Drinking Water Act; Resource Conservation and Recovery Act; Comprehensive Environmental Response, Compensation and Liability Act; Toxic Substances Control Act; and Federal Insecticide, Fungicide and Rodenticide Act.
Abstract
For most of the Federal environmental statutes, Congress has created a dual penalty structure with overlapping civil and criminal penalty provisions. Factors that the Environmental Protection Agency (EPA) considers in determining whether to seek criminal or civil sanctions include: the extent of environmental contamination, material impact on EPA's regulatory functions, and the presence of a history of non-compliance. The EPA is pursuing a tougher policy on enforcement of environmental crimes through increased use of the Emergency Planning and Community Right-to-Know Act (EPCRA), reorganization of the enforcement branch of the EPA, and a request for a 22-percent increase for enforcement activities in the coming fiscal year. 366 footnotes