The Federal Perspective on Environmental Criminal Enforcement: How to Remain on the Civil Side

December 1987
Citation:
17
ELR 10478
Issue
12
Author
F. Henry Habicht II

Editors' Summary: Since the early 1970s, environmental issues in this country have changed significantly. Moreover, the passage of time has resulted in the institutionalization of the once-new ideas. New environmental agencies now oversee substantial proportions of the federal budget. Environmental impact assessment, once seen in some quarters as a procedural impediment, is now a respected method of analyzing developmental impacts and has been imported by otherr countries for their own use. But the environmental laws are more than just the existence of new agencies and new legislation: they require strategies for effective enforcement. In this Article, the federal government's approach to criminal enforcement of those laws is analyzed and compared to civil strategies. The author reviews the development of criminal enforcement, which began much later than its civil counterpart for the same statutes, and lays out the factors that are considered relevant in environmental cases for determining which avenue to pursue.

Mr. Habicht, Of Counsel to Perkins Coie in Washington, D.C., prepared this Article while serving as Assistant Attorney General in charge of the Land and Natural Resources Division of the United States Department of Justice. The valuable contributions of David Bullock, Daniel Levin, and Helen Brunner, prosecutors in the Environmental Crimes Section of the Land and Natural Resources Division, and the advice of Judson Starr, Chief of the Section, are gratefully acknowledged.

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The Federal Perspective on Environmental Criminal Enforcement: How to Remain on the Civil Side

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