Constitutional aspects of economic law enforcement
Journal Article
·
· Harvard Environ. Law Rev.; (United States)
OSTI ID:5352224
Economic remedies for violations of environmental standards provide a better administrative approach than civil penalties based on more traditional discretionary criteria. Economic penalties are not subject to the constitutional requirements that limit the procedures for criminal penalties. Economic penalties also provide a constitutionally permissible way of accruing liability during litigation. These penalties are large enough to eliminate the benefits of delayed compliance and unnecessary litigation; however, they do not alter the rights of judicial review. Agencies can determine economic penalties with more objectivity and accuracy than under traditional penalty schemes.
- Research Organization:
- Environmental Protection Agency, Washington, DC
- OSTI ID:
- 5352224
- Journal Information:
- Harvard Environ. Law Rev.; (United States), Journal Name: Harvard Environ. Law Rev.; (United States) Vol. 4:1; ISSN HELRD
- Country of Publication:
- United States
- Language:
- English
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