NCJ Number
139282
Journal
George Washington Law Review Volume: 59 Issue: 4 Dated: (April 1991) Pages: 781-861
Date Published
1991
Length
81 pages
Annotation
This analysis of the Federal Government's criminal prosecution of environmental offenders, including the Exxon Valdez oil spill case and the case of John Pozsgai, focuses on the issues of whether past criminal proceedings or sentencing proceedings have been unduly lenient and whether the Government has focused on smaller offenders rather than seeking strict criminal penalties against large corporate violators.
Abstract
Data revealing poor compliance with the Nation's environmental laws indicates that increased and more effective use of criminal remedies is necessary to stimulate improved compliance. Data regarding the criminal enforcement of the environmental pollution statutes by the Environmental Protection Agency (EPA) and the Department of Justice (DOJ) show a trend toward increased numbers of EPA referrals of criminal matters and a slight trend toward increased criminal penalties, particularly after the Federal sentencing guidelines took effect. However, the number of DOJ criminal prosecutions has leveled off, and criminal sanctions for environmental crimes still appears quite light relative to other types of crimes and relative to the maximum authorized penalties. Strengthening of criminal enforcement has been proposed, however. Such action appears justified, given that environmental crimes endanger large numbers of people due to contamination of air, water, land, and food, and actions that damage valuable public property.