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Enforcement and Compliance

Environmental Management Systems in Federal Enforcement Settlements

Introduction

This Article analyzes data and information on the use of environmental management systems (EMS) in federal enforcement settlements. An EMS is an approach to management and system improvements which includes policies...

Green Business: Should We Revoke Corporate Charters for Environmental Violations?

Recent corporate financial scandals involving Enron, Worldcom, Arthur Andersen, and others have led to the passage of significant legislation effecting, inter alia, corporate financial disclosure. These recent financial reporting...

Environmental Enforcement Developments in 2003

Despite a change in the presidential administration in 2001, the U.S. Environmental Protection Agency's (EPA's) enforcement activity continues at the pace of the late 1990s. Much has been made of a decline in civil and criminal fines...

Cooperation With Government Agencies Under Environmental Audit Privilege/Immunity Laws, Rules, and Policies

This Article examines what the term "cooperation" means in major federal policies, state audit privilege/immunity laws, and state self-disclosure policies and rules in existence as of September 2003. In particular, this Article...

Now More Than Ever: Environmental Citizen Suit Trends

Introduction

Environmental citizen suits matter. In 1970, borne in a fulcrum of necessity due to inadequate resources and resolve, and borrowing a bit from common-law qui tam without the bounty, the U.S. Congress...

Improving State Environmental Enforcement Performance Through Enhanced Government Accountability and Other Strategies

Modern federal environmental law has a built-in dynamic of tension that since its inception has led to challenging relations between the U.S. Environmental Protection Agency (EPA) and the states. On the one hand, the U.S. Congress...

Criminal Negligence Prosecutions Under the Federal Clean Water Act: A Statistical Analysis and an Evaluation of the Impact of Hanousek and Hong

What can we learn about the use of the criminal negligence provisions of the federal Clean Water Act (CWA) by reviewing prior environmental crimes cases brought by the federal government? In an effort to answer that question, the...

Voluntary Disclosure of Environmental Violations: Is Mea Culpa a Good Idea or a Bad Move?

You are in your office one afternoon when the phone rings. It's the vice president of environmental affairs for one of your clients. He tells you the company just discovered a major violation of an environmental law. The good news is...

Environmental Enforcement: Industry Should Not be Complacent

Any suggestion that the U.S. Environmental Protection Agency's (EPA's) enforcement activity is less than vigorous is incorrect. Instead, EPA is pushing enforcement on all fronts. Its cases are also increasingly innovative. EPA referrals...

A New Generation of Environmental Policy: Government-Business Collaboration in Environmental Management

A growing number of business, government, and environmental interest groups have concluded that environmental policy in the United States is inadequate to deal with the complexities of environmental protection in the 21st century. In...