NCJ Number
148284
Journal
Nebraska Law Review Volume: 71 Issue: 4 Dated: (1992) Pages: 1033-1048
Date Published
1992
Length
16 pages
Annotation
The criminalization of oil spill accidents is discussed.
Abstract
Existing federal regulation has criminalized environmental accidents without regard to the behavioral intent of the perpetrator. Such legislation, in the author's opinion, is troubling not only in light of the theoretical moorings of the criminal law, but also due to its wastefulness and impracticality. This article discusses the criminal prosecution in United States v. Exxon Corporation and Exxon Shipping Company (the Exxon Valdez case) and the various civil law regulations and remedies that guard against environmental abuses. Also included are other legal and policy arguments that militate against the criminalization of accidental oil spills. The author concludes that the civil and administrative remedies providing for cleanup and restoration are sufficient and, in terms of encouraging environmental compliance, perhaps even more effective than criminal sanctions. Moreoever, the criminalization of oil spill accidents may actually deter the shipping industry to the point of crippling its competitive existence. Footnotes