NCJ Number
223449
Journal
American Criminal Law Review Volume: 45 Issue: 2 Dated: Spring 2008 Pages: 381-464
Date Published
2008
Length
84 pages
Annotation
This article discusses the purposes and provisions of the nine principal Federal statutes that define crimes which adversely affect the environment.
Abstract
Section II of the article discusses issues common to most of these statutes, including theories of liability, defenses, and sentencing. Section III addresses the Clean Air Act (CAA), which penalizes violators of Federal and State air pollution control laws and regulations. Section IV focuses on the Federal Water Pollution Control Act (CWA). Sections V and VI consider additional water pollution issues, namely, the Rivers and Harbors Act of 1899 (RHA) and the Safe Drinking Water Act (SDWA), which, together with the CWA, restore and protect the quality of the Nation's surface and ground waters. Section VII examines the Comprehensive Environmental Response, Compensation, and Liability Act, which authorizes the cleanup of hazardous substances at contaminated sites and imposes criminal penalties on those who violate its provisions. Section VIII addresses the Resource Conservation and Recovery Act, which is a set of amendments that reinforce the Federal Solid Waste Disposal Act. Section IX reviews the Toxic Substances Control Act, which regulates the manufacture, processing, and distribution or disposal of chemicals that pose a danger to the public or the environment. Section X discusses the Federal Insecticide, Fungicide, and Rodenticide Act, which regulates the manufacture, registration, transportation, sale, and use of toxic pesticides. Section XI examines the provisions of the Endangered Species Act, which defines crimes against wildlife. 639 notes