on of civil and criminal environmentain Quasselecke 22.05.2019 09:42
von zhouyueyue • 1.061 Beiträge
The attempts to regulate the environmental crime have been significantly contested. The groups that support the preservation of the environment through laws that would force corporate to be regulated are met with opposition from other groups. The Environmental Protection Agency works closely with the Department of Justice to enforce the criminal provisions of the statutes that govern the environmental regulations through prosecution. The offenses committed by corporate firms on the environment are either civil or criminal. Civil offenses are the offenses that arise as a dispute between two individuals which are business related Andy Pettitte Authentic Jersey , but criminal offenses involve an action considered to be harmful to the society and often against the state (Rakoff & Goldstein, 2016). The role of 鈥榠ntent鈥?is applicable when dealing with environmental offenses since it focuses on the proof of knowledge in doing what the law prohibits. The essay provides a comparison of civil and criminal environmental enforcement as well as the role of 鈥渋ntent鈥?as applicable in the 2010 BP deepwater horizon oil spill.
Civil and Criminal Enforcement
The nature of the environmental regulations is complex, hence necessary to distinguish between civil and criminal enforcement. The major aspects of civil enforcement include violations of the hazardous waste transportation, storage, and disposal; erosion and sediment control failures, and hazardous materials transportation violations. The 2010 BP Deepwater Horizon Oil spill can be classified under civil enforcement regarding the company鈥檚 knowledge that it ought to properly handle the drilling process to avoid spillage. The incident involved a spillage and explosion due to the build up pressure of the rising gas and oil in the pipes leading to the death of some workers (Crone & Tolstoy Dallas Keuchel Authentic Jersey , 2010). It is evident that the role of 鈥榠ntent鈥?is applicable in the BP oil spill case since the company was aware of the repercussion but covered up the full scope of its crimes from the public (Hertsgaard, 2013). The company gave false reports about the amount of oil discharged into the Gulf which was a clear indication of the role of intent in committing the environmental offenses.
Criminal enforcement involves the alleged violations of discharging industrial wastewaters, fish kills due to the unintentional discharge of the hazardous substances, and hazardous waste management, storage, and transportation violations. Criminal enforcement seeks to offer justice to all the affected groups following an environmental violation of regulations (Ashworth & Horder Jose Altuve Authentic Jersey , 2013). As such, the problems of waste disposal, exposure to pollution, and the massive destruction of the environment are crucial considerations in criminal enforcement. For the case of BP deepwater horizon oil spill, the enforcement fails to address the differential impacts of law that the spill had on the low-income communities (White, et al. Carlos Correa Authentic Jersey , 2012). The oil companies have a legal obligation of providing adequate protection to the vulnerable populations. The BP Oil spill revealed of systematic regulatory failures and limited industry safety culture that have significant impacts on the vulnerable populations after a spill.
The violation of a criminal law results in criminal prosecution by the state and possible penalty. The punishment for such crimes is in the form of fines, imprisonment and community sentence. For the civil law, the focus is to protect individuals against one another and the state (Rakoff & Goldstein, 2016). For the BP oil spill case, both civil and criminal enforcement were appropriate to be taken since the company bears the full responsibility for the spill. The company ought to have acted in the role of 鈥榠ntent鈥?to ensure that it understands the ways to protect itself from spillage and possible legal liability.
Ashworth, A. Nolan Ryan Authentic Jersey , & Horder, J. (2013). Principles of criminal law. Oxford University Press
Crone, T. J., & Tolstoy, M. (2010) Magnitude of the 2010 Gulf of Mexico oil leak; Science, 330(6004) Craig Biggio Authentic Jersey , 634-634
Hertsgaard M. (2013) The Worst part about BP鈥檚 oil spill cover-up It worked
Rakoff, J. S., & Goldstein, H. W. (2016) RICO: Civil and Criminal Law and Strategy. Law Journal Press
White, H. K., Hsing Jeff Bagwell Authentic Jersey , P. Y., Cho, W., Shank, T. M., Cordes J. R. Richard Jersey , E. E., Quattrini, A. M., ... & Brooks, J. M. (2012). Impact of the Deepwater Horizon oil spill on a deep-water coral community in the Gulf of Mexico; Proceedings of the National Academy of Sciences, 109(50) Carlos Lee Jersey , 20303-20308
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