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In the last decade of deregulatory executive orientation, the demands for better federal environmental laws, especially regarding emissions and toxic dumping, have gone unheeded; therefore, successful environmental groups have had to use tort proceedings. However, the author contends that, without meaningful legislative support, tort laws does not have the impact needed to fight corporate environmental criminals. The paper concludes that the creation of emission and pollutant criminal laws that are economically rational and aggressively pursued with significant penalties is the best way to achieve systemic improvements in the protection of the environment.
From the Paper:"The most important distinction between these two approaches is that criminal law tends to take a reactionary approach to environmental issues, as might we argue is a precondition of criminal law as a whole. Its role as a respondent to conditions of environmental abuse will usually take the form of the above elaborated tort claim levied by those claiming to be victims of criminal environmental abuses. Absent of such charges, criminal law tends to be of lesser usefulness in terms of providing protections than regulations, which are of a more pointedly preventative nature."
Sample of Sources Used:
- Demmke, C. (2001). Towards Effective Environmental Regulation: Innovative Approaches in Implementing and Enforcing European Environmental Law and Policy. NYU School of Law.
- Edwards, S. (1995). Environmental Crime and Criminality: Theoretical and Practical Issues. Routledge.
- Findlaw. (2008). Environmental & Toxic Tort Litigation. Hornblower, Manning, Ward,Harrison, Venecia & Rodriguez Law Partners. Online at http://www.hmwpc.com/PracticeAreas/Environmental-Toxic-Tort-Litigation.asp
- Loris, N. (2009). The Economic Effects of Environmental Regulations. The Heritage Foundation.
- Tager, E.M. (2000). Punitive Damages Claims in Environmental Tort Cases. Environmental Law Institute.
Cite this Analytical Essay:
Environmental Crime (2010, November 21) Retrieved December 05, 2020, from https://www.academon.com/analytical-essay/environmental-crime-145664/
"Environmental Crime" 21 November 2010. Web. 05 December. 2020. <https://www.academon.com/analytical-essay/environmental-crime-145664/>