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Articles 1 - 17 of 17
Full-Text Articles in Law
The Politics Of The Criminal Enforcement Of The U.S. Clean Air Act, Joshua Ozymy, Melissa Jarrell Ozymy
The Politics Of The Criminal Enforcement Of The U.S. Clean Air Act, Joshua Ozymy, Melissa Jarrell Ozymy
William & Mary Environmental Law and Policy Review
Criminal prosecution has always existed in a political context. Democratic and Republican presidents have treated environmental regulation very differently over time and this may have a profound effect on how the criminal enforcement of air pollution laws has proceeded in the United States both historically and in the future. There was enough of a bipartisan consensus to allow the institutionalization of resources for the policing and prosecution of air pollution crimes that began in the 1980s and lasted until the early 1990s, where criminal investigators and specialized prosecutors were hired; institutionalized places for these operations to specialize and collaborate were …
The Possibility Of Prosecuting Corporations For Climate Crimes Before The International Criminal Court: All Roads Lead To The Rome Statute?, Donna Minha
Michigan Journal of International Law
Due to rapid developments in climate science, scientists are now able to quantifiably link significant greenhouse gas emissions caused by major oil and gas corporations to specific climate impacts. These scientific advances have been accompanied by the publication of documents and studies suggesting that the oil and gas industry allegedly had knowledge of climate change as early as sixty years ago, and yet it actively worked to promote climate change denial and to delay governmental regulation on this matter. Though climate-related litigation is proceeding against the industry in different jurisdictions, proceedings brought against oil and gas corporations mainly focus on …
Prosecutorial Discretion And Environmental Crime Redux: Charging Trends, Aggravating Factors, And Individual Outcome Data For 2005-2014, David M. Uhlmann
Prosecutorial Discretion And Environmental Crime Redux: Charging Trends, Aggravating Factors, And Individual Outcome Data For 2005-2014, David M. Uhlmann
Michigan Journal of Environmental & Administrative Law
In a 2014 article entitled “Prosecutorial Discretion and Environmental Crime,” I presented empirical data developed by student researchers participating in the Environmental Crimes Project at the University of Michigan Law School. My 2014 article reported that 96 percent of defendants investigated by the United States Environmental Protection Agency and charged with federal environmental crimes from 2005 through 2010 engaged in conduct that involved at least one of the aggravating factors identified in my previous scholarship, namely significant harm, deceptive or misleading conduct, operating outside the regulatory system, and repetitive violations. On that basis, I concluded that prosecutors charged violations that …
Environmental Crimes And Imprisonment: Does Prison Work To Prevent And Punish Environmental Criminals?, Rafael Wolff
Environmental Crimes And Imprisonment: Does Prison Work To Prevent And Punish Environmental Criminals?, Rafael Wolff
Dissertations & Theses
Environmental degradation is a global problem. Humans need natural resources to survive and, as those resources are limited, humans’ use of these resources should respect a sustainable pace established by law. There are many approaches to addressing environmental degradation that do not honor the legal limitations and one of them is through criminal law. The question that is posed in this thesis is whether imprisonment, one of the most severe methods of punishment, is a suitable option to repress and prevent environmental crimes.
This thesis is divided in three chapters. The first chapter discusses why environmental crimes are relevant. It …
Environmental Law, Public Health, And The Values Conundrum, David M. Uhlmann
Environmental Law, Public Health, And The Values Conundrum, David M. Uhlmann
Michigan Journal of Environmental & Administrative Law
In September 1996, when I was nearing the end of my sixth year as a Justice Department environmental crimes prosecutor, one of my colleagues sent me an email that there was a “good-sounding RCRA [Resource Conservation and Recovery Act] knowing endangerment case developing in Idaho.” A twenty-year-old man named Scott Dominguez had collapsed inside a storage tank at an Idaho fertilizer manufacturing facility called Evergreen Resources. Mr. Dominguez could not be rescued for nearly an hour, because firefighters who responded to the scene did not know what was in the tank and what safety precautions they needed to take before …
After The Spill Is Gone: The Gulf Of Mexico, Environmental Crime, And Criminal Law, David M. Uhlmann
After The Spill Is Gone: The Gulf Of Mexico, Environmental Crime, And Criminal Law, David M. Uhlmann
Articles
The Gulf oil spill was the worst environmental disaster in U.S. history, and will be the most significant criminal case ever prosecuted under U.S. environmental laws. The Justice Department is likely to prosecute BP, Transocean, and Halliburton for criminal violations of the Clean Water Act and the Migratory Bird Treaty Act, which will result in the largest fines ever imposed in the United States for any form of corporate crime. The Justice Department also may decide to pursue charges for manslaughter, false statements, and obstruction of justice. The prosecution will shape public perceptions about environmental crime, for reasons that are …
Holding The "Responsible Corporate Officer" Responsible: Addressing The Need For Expansion Of Criminal Liability For Corporate Environmental Violators, Nancy Mullikin
Golden Gate University Environmental Law Journal
This comment argues that the responsible corporate officer (RCO) doctrine, as written into the CWA and the CAA, was intended to impose an affirmative duty on corporate officers based on their position and should be interpreted to expand criminal liability in the prosecution of substantive corporate environmental crimes. This comment also argues that the courts should expand criminal liability based on the RCO doctrine instead of limiting its application. Part II provides an overview of criminal prosecution of environmental crimes: its history, procedures, and purposes, in order to provide a context for understanding how the RCO doctrine appropriately expands criminal …
Crimes On The Gulf, David M. Uhlmann
Crimes On The Gulf, David M. Uhlmann
Articles
The explosion that rocked the Deepwater Horizon oil rig on April 20, 2010, killed 11 workers and triggered the worst environmental disaster in U.S. history. After six weeks of failed efforts to stop the gushing oil and protect the fragile ecosystem of the Gulf of Mexico and the communities along its shores, President Obama pledged on June 1 that “if our laws were broken . . . we will bring those responsible to justice.”
Environmental Crime Comes Of Age: The Evolution Of Criminal Enforcement In The Environmental Regulatory Scheme, David M. Uhlmann
Environmental Crime Comes Of Age: The Evolution Of Criminal Enforcement In The Environmental Regulatory Scheme, David M. Uhlmann
Articles
The Rivers and Harbors Act of 1899 often is considered the first environmental criminal statute because it contains strict liability provisions that make it a misdemeanor to discharge refuse into navigable waters of the United States without a permit. When Congress passed the Rivers and Harbors Act, however, it was far more concerned with preventing interference with interstate commerce than environmental protection. For practical purposes, the environmental crimes program in the United States dates to the development of the modem environmental regulatory system during the 1970s, and amendments to the environmental laws during the 1980s, which upgraded criminal violations of …
Strange Bedfellows, David M. Uhlmann
Strange Bedfellows, David M. Uhlmann
Articles
Environmental protection has not been a priority for the Bush administration, but, contrary to popular perception, criminal prosecution of companies and officials accused of breaking environmental laws has flourished.
Negligence-Based Environmental Crimes: Failing To Exercise Due Care Can Be Criminal, Joseph J. Lisa
Negligence-Based Environmental Crimes: Failing To Exercise Due Care Can Be Criminal, Joseph J. Lisa
Villanova Environmental Law Journal
No abstract provided.
Questions Of Intent: Environmental Crimes And Public Welfare Offenses, Lawrence Friedman, H. Hamilton Hackney
Questions Of Intent: Environmental Crimes And Public Welfare Offenses, Lawrence Friedman, H. Hamilton Hackney
Villanova Environmental Law Journal
No abstract provided.
United States V. Eidson: Navigating The Way Toward Stiffer Penalties For Environmental Crimes, Kerri Ann Riley
United States V. Eidson: Navigating The Way Toward Stiffer Penalties For Environmental Crimes, Kerri Ann Riley
Villanova Environmental Law Journal
No abstract provided.
Criminal Enforcement Of Environmental Laws: A Corporate Guide To Avoiding Liability, Sean J. Bellew, Daniel T. Surtz
Criminal Enforcement Of Environmental Laws: A Corporate Guide To Avoiding Liability, Sean J. Bellew, Daniel T. Surtz
Villanova Environmental Law Journal
No abstract provided.
Strict Criminal Liability For Environmental Violations: A Need For Judicial Restraint, Kepten D. Carmichael
Strict Criminal Liability For Environmental Violations: A Need For Judicial Restraint, Kepten D. Carmichael
Indiana Law Journal
No abstract provided.
A Critical Analysis Of The Proposed Sentencing Guidelines For Organizations Convicted Of Environmental Crimes, Robert L. Kracht
A Critical Analysis Of The Proposed Sentencing Guidelines For Organizations Convicted Of Environmental Crimes, Robert L. Kracht
Villanova Law Review
No abstract provided.
Organizational Environmental Crime And The Sentencing Reform Act Of 1984: Combining Fines With Restitution, Remedial Orders, Community Service, And Probation To Benefit The Environment While Punishing The Guilty, Martin Harrell
Villanova Environmental Law Journal
No abstract provided.