NCJ Number
139285
Journal
George Washington Law Review Volume: 59 Issue: 4 Dated: (April 1991) Pages: 900-915
Date Published
1991
Length
16 pages
Annotation
Although the Federal program to improve the criminal prosecution of environmental crimes has accomplished much, criminal enforcement continues to be hindered by bureaucratic resistance to new endeavors and by tensions among agencies, especially the Environmental Protection Agency (EPA) and the Department of Justice (DOJ).
Abstract
Consistent with progress on the State and local levels, the Federal Government in recent years has dedicated increasing law enforcement resources to the investigation and prosecution of environmental crimes. Perhaps surprisingly, the program's development has resulted more from happenstance and luck than from design. However, resistance to the effort has occurred between the Washington headquarters and regional operations of the EPA and among various divisions within DOJ. In addition, tension between competing law enforcement agencies and between EPA and DOJ has slowed enforcement activities. To improve enforcement, EPA must add more investigative resources and ensure that cases against polluters are commensurate with wrongdoing and harm to the public's health, safety, and environment. In addition, EPA and DOJ should establish a voluntary disclosure program similar to that of the Department of Defense to encourage compliance and provide an incentive for corporations to police themselves. Better interagency coordination and use of the power to prevent convicted companies from contracting with the government are also needed. Other actions should include changing the procedure for selecting the enforcement strategy for a given case and creating a screening system to determine whether a case is criminal or civil.