Waking the Sleeping Giant: The Use of the Felony Sanctions under CERCLA to Ensure Compliance with Environmental Laws

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Authors
Smith, G. Nelson III
Issue Date
1993
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Journal Article
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FIRST PARAGRAPH(S)|The criminal enforcement of environmental laws quickly is becoming a bitter reality for corporate officers. The federal government no longer accepts burdensome costs as an excuse for corporate non-compliance with environmental laws. Indeed, that argument serves only to lengthen criminal sanctions a corporate officer faces because it shows a lack of remorse on her part. For nearly fifteen years, the United States Department of Justice concentrated its attention on civil fines and penalties to deter corporations and corporate officers from violating environmental statutes. This strategy failed, in part, because corporations often factored the fines and penalties into their cost of doing business. This made the consumer, not the corporation, bear the cost of the fines. Thus, the federal government was compelled to use criminal sanctions to ensure compliance with environmental laws...
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26 Creighton L. Rev. 449 (1992-1993)
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Creighton University School of Law
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