NCJ Number
141800
Editor(s)
R T Nixon
Date Published
1992
Length
76 pages
Annotation
This literature review examines the significance of a local focus on the prosecution of environmental offenses in the context of a Federal commitment to stopping environmental pollution.
Abstract
A section on substantive environmental law discusses issues common to Federal and local environmental laws, Federal criminal environmental law, State and local criminal environmental law, sentencing and penalties under environmental statutes, and common law actions. A section on the extent of environmental crime addresses the difficulties in assessing the extent of noncompliance, studies of noncompliance levels and patterns, and reports from prosecutors and regulatory inspectors. A section on environmental crime factors encompasses studies of environmental crime prosecutions, industrial incentives and disincentives for illegal disposal, and other determinants of corporate behavior. A section on the characteristics of the typical offender discusses the likely corporate profile, the criminal maturation system, and techniques used to evade criminal prosecution. A discussion of optimal deterrence focuses on deterrent theory in environmental crime, practical considerations for deterrence, and private enforcement. Other sections address local versus national enforcement, local environmental enforcement structures, current environmental enforcement practices, and legal issues related to local enforcement. Generally, the presentation concludes that district attorneys have an essential role in an emerging Federal scheme of environmental crime enforcement as a result of their unique accountability to their constituency for local pollution. 379 footnotes