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The Cost Of Doing Business: Corporate Vicarious Criminal Liability For The Negligent Discharge Of Oil Under The Clean Water Act, Katherine A. Swanson
The Cost Of Doing Business: Corporate Vicarious Criminal Liability For The Negligent Discharge Of Oil Under The Clean Water Act, Katherine A. Swanson
Washington Law Review
In response to massive oil spills that damaged America’s waters, devastated local economies, killed wildlife, and cost taxpayers millions in clean-up costs, Congress passed the Oil Pollution Act of 1990. The Act amended the Federal Water Pollution Control Act to allow for criminal prosecution of negligent oil discharges. This Comment argues that although the plain language of the Federal Water Pollution Control Act’s negligent discharge provision is silent regarding corporate vicarious criminal liability, courts should give full effect to Congress’s intent—to protect the health and safety of the public and the environment and to stop corporations from accepting oils spills …
China's Environmental Problems: Is A Specialized Court The Solution?, Darcey J. Goetz
China's Environmental Problems: Is A Specialized Court The Solution?, Darcey J. Goetz
Washington International Law Journal
China’s economic growth has come at a high price: environmental and natural resource destruction. Presently, China’s legal system is not prepared to protect China’s environmental resources. China’s State Council has expressed an interest in establishing a civil and administrative system to manage environmental matters. Some of the objectives expressed by the State Council could be achieved by creating a special tribunal to address environmental issues, similar to New Zealand’s Environment Court. A specialized court promotes environmental protection, and specialization creates experts in a specific field, allowing for consistency among decisions. An environmental court will fit into China’s current legal system …