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Square Pegs And Round Holes: Does Sentencing For Environmental Crimes Fit Within The Guidelines?, Lucia A. Silecchia, Michael J. Malinowski
Square Pegs And Round Holes: Does Sentencing For Environmental Crimes Fit Within The Guidelines?, Lucia A. Silecchia, Michael J. Malinowski
Scholarly Articles
This article presents an overview of the Proposed Guidelines and assesses their potential to improve both the existing sentencing scheme and, more importantly, the environmental behavior of corporate citizens. This analysis concludes that, while the Proposed Guidelines improve current haphazard sentencing practices, it is difficult to predict their efficacy in furthering environmental policy. The fundamental problem is that traditional criminal sanctions are not easily applied to non-traditional offenders committing non-traditional offenses. Rather than expressing optimism about the Proposed Guidelines, this paper suggests that the behavior of corporations could be modified more efficiently through non-criminal incentives coupled with increased criminal prosecution …
Ounces Of Prevention And Pounds Of Cure: Developing Sound Policies For Environmental Compliance Programs, Lucia A. Silecchia
Ounces Of Prevention And Pounds Of Cure: Developing Sound Policies For Environmental Compliance Programs, Lucia A. Silecchia
Scholarly Articles
In the 1990s, when criminal enforcement of American environmental statutes became more widespread, and the consequences of violations potentially more severe, the creation of effective environmental compliance programs became a priority for the regulated community. In previous years, creation of such programs could have been viewed merely as a responsible option to assist corporations in achieving or maintaining reputations as good corporate citizens.
However, when the 1990s ushered in increased criminal prosecution of environmental violators, the stakes were raised significantly and the motives for creating environmental compliance plans changed. Such plans became important not only as a way to prevent …
Judicial Review Of Cercla Cleanup Procedures: Striking A Balance To Prevent Irreparable Harm, Lucia A. Silecchia
Judicial Review Of Cercla Cleanup Procedures: Striking A Balance To Prevent Irreparable Harm, Lucia A. Silecchia
Scholarly Articles
When Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) in 1980 in response to the problems of toxic waste and hazardous substances, the central goals of the Act were clear. CERCLA was intended to provide an effective mechanism for cleaning up such dangers as quickly as possible, with as little expense as feasible, and with as much of that expense as possible borne by the responsible parties, rather than by the taxpayers. Accordingly, CERCLA included provisions for establishing liability for the costs of cleaning up hazardous waste sites. Congress also created the Superfund to pay for those …