NCJ Number
123721
Date Published
1989
Length
23 pages
Annotation
This article examines environmental law reporting violations and the possible evolution of strict criminal liability for violations.
Abstract
A discussion is provided of the increased trend in the use of criminal prosecutions to enforce environmental laws, an examination of the reporting requirements of environmental laws, a review of the developing law of intent especially in regard to reporting requirements of statutes, and suggestions of available actions that can be taken to avoid prosecution for violations. The trend in environmental law is to interpret the intent requirements very liberally such that evidence of the violation would allow the inference of intent. Concepts such as willful blindness are created to cover cases where there is no specific evidence of knowledge of the violation, but there is evidence that the defendant chose not to recognize what "should" have been obvious. Vicarious liability has also developed to expand the pool of defendants to include employers even though there was no evidence of the employer's direct violations. Corporations and other potential agency relationships are encouraged to provide strict written requirements for correct behavior to obey the statutes. 20 endnotes.