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Enforcement and Compliance

Criminal Enforcement of Environmental Laws: Part III--From Investigation to Sentencing and Beyond

Editors' Summary: In this last of a three-part series, the authors provide a "how-to" guide for responding to an environmental criminal investigation and discuss the ramifications of an environmental criminal conviction. They first...

Criminal Enforcement of Environmental Laws--Part I

Editors' Summary: In this first of a three-part series, the authors examine the history and general operation of the federal environmental crimes program. The authors first describe how an effective enforcement program emerged in...

To Relieve Unfunded Mandates and Enhance Local Autonomy: Enact a "Municipal Empowerment Act"

It is generally the responsibility of cities and other local governments — not states or the federal government — to provide residents with essential services such as sewage treatment, garbage disposal, drainage, and drinking water....

A Practical Guide to Surviving Multimedia Inspections

Editors' Summary: Facility owners and operators that have become accustomed to environmental regulatory inspections that focus on a single medium are in for a change. EPA is placing greater emphasis on conducting multimedia...

Congressional Oversight of Federal Environmental Prosecutions: The Trashing of Environmental Crimes

Editors' Summary: Since late 1992, two congressional committees and an academic group working for a member of a third committee have issued reports severely criticizing the Environmental Crimes Section (ECS) of the U.S. Department...

The "Civil" Implications of Environmental Crimes

Editors' Summary: Most federal environmental statutes allow the federal government to bring both civil and criminal enforcement actions against parties engaged in unlawful activities affecting the environment. Many of these statutes...

Federal Oil Pollution Law and Regulatory Developments

Editors' Summary: Whether Congress intended it or not, the Oil Pollution Act of 1990 (OPA) has shaken the entire oil exploration and production industry to its core. Precipitated by the Exxon Valdez oil spill, the Act...

EPA's Narrow Definition of Economic Benefit Vastly Increases Its Economic Benefit Estimate

The policy that a violator should not gain financially from noncompliance with environmental regulations appeals to regulators, the regulated community, and the public. From the government's point of view, the concept provides a basis...

EPA's Civil Penalty Policies: Making the Penalty Fit the Violation

Editors' Summary: EPA has set numerous records in recent years in assessing civil penalties against violators of environmental laws. This Comment explains how EPA uses guidance documents called civil penalty policies to calculate...

Risky Business: OSHA's Hazard Communication Standard, EPA's Toxic Release Inventory, and Environmental Safety

Editors' Summary: One goal of information laws is to fulfill the Jeffersonian ideal of empowering citizens through knowledge. OSHA's hazard communication standard (HCS) and EPA's toxics release inventory (TRI) grow from the concept...