NCJ Number
139287
Journal
George Washington Law Review Volume: 59 Issue: 4 Dated: (April 1991) Pages: 938-967
Date Published
1991
Length
30 pages
Annotation
This analysis of the applicability of environmental laws to Federal officials and employees argues that it is possible to balance both the need to enforce environmental laws vigorously on Federal facilities and the need to promote the efficient and effective performance of the Federal mission.
Abstract
Criminal enforcement against Federal officials and employees can avoid the intergovernmental and intragovernmental difficulties of civil enforcement and State action against Federal facilities. Moreover, a fair and effective standard of criminal liability for Federal officials and employees can be developed that would avoid conflict with established doctrines of Federal official immunity. Thus, Federal officials should be held liable only for reckless conduct or conduct demonstrating actual intentional wrongdoing under environmental laws. This standard would eliminate the threat of criminal prosecution from Federal officials and employees pursuing their legitimate agency mission while holding the same officials and employees liable for intransigence or acquiescence in environmental wrongs. Footnotes