NCJ Number
231914
Journal
American Criminal Law Review Volume: 47 Issue: 2 Dated: Spring 2010 Pages: 441-526
Date Published
2010
Length
86 pages
Annotation
This article reviews the features of the nine principal Federal statutes that govern the enforcement of Federal environmental regulations through criminal prosecution.
Abstract
Following an introductory section, the article discusses issues common to most of these statutes, including theories of liability, defenses, and sentencing. This is followed by a section that reviews the features of the Clean Air Act (CAA), whose general purpose is "to protect and enhance the quality of the Nation's air resources to promote public health and welfare and the productive capacity of its population." This section reviews elements of a CAA offense, defenses, and penalties. This is followed by a section that reviews the features of the Clean Water Act of 1977, whose purpose is to "restore and maintain the chemical, physical, and biological integrity of the Nation's waters" by minimizing the effects of water pollution. The next sections review the features of seven other Federal environmental laws, covering the purpose of each law, elements of an offense, defenses, and penalties. The Rivers and Harbors Act of 1899 is intended to protect the integrity of navigable waters and the viability of commercial shipping activity by regulating deposits of refuse matter. The Safe Drinking Water Act regulates harmful contaminants in public water systems and the injection of contaminants into underground sources of public drinking water. The Comprehensive Environmental Response, Compensation, and Liability Act initiates and establishes a comprehensive response and financing mechanism for abating and controlling the problems associated with abandoned and inactive hazardous waste disposal sites. Other Federal environmental laws reviewed are the Resource Conservation and Recovery Act; the Toxic Substances Control Act; the Federal Insecticide, Fungicide, and Rodenticide Act; and the Endangered Species Act. 640 notes