Editors' Summary: Criminal prosecution is becoming an increasingly important component of the federal government's environmental enforcement strategy. The recent issuance of the federal Sentencing Guidelines has dramatically increased the role of criminal enforcement in environmental law. The guidelines require judges to impose specific sentences within certain ranges for various categories of environment crimes. Defendants are unlikely to escape with probation, as was often the case in preguideline prosecutions. This Article analyzes the impacts and mechanics of the guidelines. The authors conclude that companies and individuals must recognize the real threat of criminal prosecution and should implement procedures to uncover and correct any compliance problems.
Judson Starr is a partner in the Washington, D.C., office of Venable, Baetjer, Howard & Civiletti, where he focuses on environmental litigation, corporate accountability assessments, and investigations. Before joining the firm in October 1988, he served as the first Chief of the Environmental Crimes Section in the Land and Natural Resources Division of the Department of Justice, where he was responsible for the creation, development, and direction of the federal environmental crimes program. A frequent panelist, lecturer, and author on environmental enforcement issues, Mr. Starr is a 1975 graduate of Georgetown University Law Center. Thomas Kelly is a senior associate in the Washington, D.C., office of Venable, Baetjer, Howard & Civiletti and practices in the firm's Investigation & Defense Group. Before joining the firm, he was an Assistant U.S. Attorney in the District of Columbia. Mr. Kelly received his law degree in 1980 from the Catholic University of America. The authors wish to thank Gregory Winfree for his assistance in preparing this Article.
