Criminal enforcement of the Clean Water Act in the coal fields: United States vs. law and beyond
Criminal prosecution has become an integral part of federal enforcement of this nation's environmental laws. In fiscal year 1991, the United States Environmental Protection Agency (EPA) reported record criminal fines. From 1987 to 1991, prison time and criminal fines imposed in cases investigated by EPA more than quadrupled. Many commentators have noted, often with chagrin, the trend toward more frequent criminal prosecution. The reasons for this upsurge are both straightforward and compelling. One is society's recognition that those who illegally despoil our environment for financial gain must be severely punished. The second and more compelling reason for prosecution is the dramatic deterrent effect that these cases can have. While civil fines undoubtedly affect corporate behavior, too often they can be dismissed as just another cost of doing business. Law stands for the proposition that a property owner's responsibilities under the Clean Water Act (CWA) are defined by the statute. There are no [open quotes]inherent[close quotes] preconditions to those responsibilities such as original production of the pollutants discharged or absolute knowledge of the discharge before purchase of the property. The important of Law for the CWA is that the statute's terms will be given their full force-even in criminal prosecutions. What does this mean for CWA enforcement in the coal fields Regulators and prosecutors now have the answers to questions that have plagued them for years. First, it is now beyond dispute that surface land owners are liable under the CWA for Acid Mine Drainage (AMD) discharged from point sources on their property. This is so even if the AMD is generated from abandoned sites or from subsurface property or other surface property in which the landowners have no interest.
- OSTI ID:
- 6105695
- Journal Information:
- West Virginia Law Review; (United States), Vol. 95:3; ISSN 0043-3268
- Country of Publication:
- United States
- Language:
- English
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