NCJ Number
207907
Journal
American Criminal Law Review Volume: 41 Issue: 2 Dated: Spring 2004 Pages: 443-526
Date Published
2004
Length
84 pages
Annotation
This article reviews the provisions of the nine principal Federal statutes that define offenses against the environment and the associated theories of liability, defenses, and sentencing.
Abstract
The article first discusses issues that are common to most of these statutes before examining the Clean Air Act, which imposes penalties on violators of Federal and State air pollution control laws and regulations. This is followed by an overview of the Federal Water Pollution Control Act, which was enacted in 1977 to "restore and maintain the chemical, physical and biological integrity of the Nation's waters" by minimizing the effects of water pollution. Two other sections of the article focus on other statutes designed to counter water pollution, the Rivers and Harbors Act of 1899 and the Safe Drinking Water Act, which act in concert with the Water Pollution Control Act to restore and protect the quality of the Nation's surface and ground waters. Another section examines the Comprehensive Environmental Response, Compensation, and Liability Act, which authorizes cleaning up sites contaminated with hazardous substances; criminal penalties are imposed on those who violate its provisions. This is followed by a review of the Resource Conservation and Recovery Act, which consists of amendments that reinforce the Federal Solid Waste Disposal Act. Other Federal environmental law discussed are the Toxic Substances Control Act, which governs the manufacture, processing, and distribution or disposal of chemicals that pose a threat to the public or the environment; the Federal Insecticide, Fungicide, and Rodenticide Act, which regulates the manufacture, registration, transportation, sale, and use of toxic pesticides; and the Endangered Species Act, which regulates crimes against wildlife. 603 footnotes