NCJ Number
146086
Journal
American Criminal Law Review Volume: 31 Issue: 1 Dated: (Fall 1993) Pages: 123-143
Date Published
1993
Length
21 pages
Annotation
Criminalization of environmental enforcement is discussed.
Abstract
Corporate executives are increasingly hesitant to authorize environmental audits that the government, under Federal environmental auditing policy, later could use to establish knowledge in a criminal prosecution. Corporations that self-audit are urging the government to provide a greater measure of security from criminal prosecution. The government, on the other hand, maintains that the degree of security desired by industry would inappropriately limit agency discretion and compromise the integrity and deterrent effect of the criminal justice system. This article argues that current Federal environmental auditing policy provides an appropriate degree of security from criminal prosecution for companies that self-identify noncompliance; however, the continued success of current policy depends upon the reasonable and pragmatic exercise of agency discretion. The author includes in his analysis a description of environmental auditing and how properly conducted audits lead to increased industry compliance, a discussion of the criminalization of environmental enforcement and the relaxed environmental mens rea requirement, and an outline of the framework and rationale of federal environmental auditing policy, including a debate concerning the need for reform. Alternatives to present policy are presented and evaluated.