Failure to Notify: Exploring Charging and Sentencing Patterns in Superfund Criminal Prosecutions

September 2020
Citation:
50
ELR 10723
Issue
9
Author
Joshua Ozymy and Melissa L. Jarrell

There is significant research literature that has studied the civil enforcement process, but we still have a poor understanding of how the Agency uses its criminal enforcement tools to enforce compliance with CERCLA. We work to fill this gap by exploring charging and sentencing patterns in federal CERCLA prosecutions. By exploring the Agency’s prosecution case summaries from 1983-2019, we are able to chart the evolution of how CERCLA has been used by EPA investigators and federal prosecutors to pursue criminal sanctions, the overarching themes of those investigations and prosecutions over the past 37 years, as well as the totality of those sanctions.

Dr. Joshua Ozymy is Professor of Political Science and Director of the Honors Program and Strategic Initiatives at Texas A&M University-Corpus Christi (TAMU-CC). Dr. Melissa L. Jarrell is Professor of Criminal Justice and Dean of University College at TAMU-CC.