NCJ Number
112712
Journal
Criminal Justice Quarterly Volume: 9 Issue: 4 Dated: (Summer 1988) Pages: 216-294
Date Published
1988
Length
79 pages
Annotation
This paper presents a comparative analysis of criminal and environmental laws of the 50 States and the Federal Government. Statutes examined relate to hazardous waste and water and air pollution.
Abstract
The analysis reveals significant differences among criminal environmental laws. This lack of uniformity among statutes dealing with the same problems is compounded by overlapping enforcement efforts and a corresponding lack of coordination and uneven enforcement of existing laws. It is essential that the States and the Federal Government have similar weapons at their disposal to pursue environmental criminal prosecutions. Uniformity in available laws and enforcement would eliminate any competitive advantage that an enterprise might find in locating in one State rather than another. It would assist State's lacking strong environmental provisions from becoming dumping grounds for waste. In addition, uniformity would facilitate cooperation among the States and between the States and the Federal Government. In adopting criminal environmental provisions, States must harshly and uniformly punish violators. At present, some States impose stiff penalties, while others impose minor sanctions. Others lack any enforcement efforts to deter violations. The stakes must be high enough to discourage both corporations and individuals from discharging or disposing of their wastes. Development of a model penal code for environmental violations, Congressional action, and technical assistance to States could aid in a more uniform and aggressive approach to prosecution. Specific State and Federal provisions are appended. 170 footnotes.