"Green Managers Don't Cry:" Criminal Environmental Law and Corporate Strategy (From Contemporary Issues in Crime and Criminal Justice: Essays in Honor of Gilbert Geis, P 253-264, 2001, Henry N. Pontell and David Shichor, eds. -- See NCJ-193102)

• NCJ Number: 193113
• Author(s): Joseph F. DiMento; Gabrio Forti
• Date Published: 2001
• Length: 12 pages
• Sale Source: Prentice Hall Publishing
• Publication Format: Book (Softbound)
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America

Annotation

This essay examines issues related to the use of criminal sanctions in pollution control efforts, as well as the viability of "green management" in shielding companies from legal liability.

Abstract

Modern environmental law began with the major regulatory laws of the early 1970's. Each of the leading statutes has incorporated a provision regarding criminal sanctions. Recent amendments have strengthened the earlier provisions. States also added these provisions. From the time when the Environmental Crimes Unit in the U.S. Department of Justice was established in 1983, the trend toward use of criminal sanctions has been clear. By 1995, 563 criminal cases had been initiated at the Federal level; 517 years of imprisonment had been imposed; and 374 years of actual confinement recorded. Criminal fines have also been significant, with almost $77 million being imposed in 1996 and $169.3 million in fiscal year 1997. The evolution of legal liability rules has included an increased focus on toxic tort liability under common law doctrine and related statutory law such as Superfund. New pressures from several sources, government and public opinion being among the most forceful, have led businesses to consider and in many cases adopt a new form of business strategy colloquially called "green management." This involves a set of activities and orientations of the firm aimed at decreasing negative impacts or increasing positive impacts of its actions on the environment, even when regulatory standards will be surpassed. Green management variously includes ecolabeling, ecoauditing, ecoaccounting, ecomarketing, environmental-quality life-cycle analyses, environment-oriented management systems, environmental compliance programs, process reforms, and environment-focused research and development. It often involves internal restructuring and alterations of relations with the outside business and government environment aimed at using fewer natural resources and using them more efficiently and with a minimum of environmental impact. Economic and environmental objectives have equal priority. In some circumstances, green management should be the basis for prosecutorial leniency, less corporate liability, and greater immunities, provided there is evidence that green management has been a serious effort rather than a facade. 5 notes and a 21-item bibliography