REHAN TAHIR, MUHAMMAD (Environmental Criminal Law)

8/3/2019 REHAN TAHIR, MUHAMMAD (Environmental Criminal Law)

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Environmental Criminal Law

Muhammad Rehan TahirMphil (Environmental policy and

Management)Msc (Physics)

[email protected]


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A. Tactical Rediscovery of criminal provisions;

The 1899 Refuse Act

B. An Increasing Willingness to ProsecuteEnvironmental Crimes

C. Criminal Liability; Problems of Knowledge

and Intent

D. Problem Raised in corporate and ExecutiveProsecution

E. Regulatory Prosecution and the Effect of

Federal Sentencing Guidelines


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Criminal punishment is an ancient societal instinct,

levying fines, custody and physical punishment

including death.

Criminal Law is often a crude blunt instrument.

In industrial community the importance of criminal law

appears to be increasing rather than shrinking.

In 1960s , no criminal law was applied to environmental

cases.


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In 1970s , the federal Refuse Act raised the prospect of

criminal fines.

In 1980s , Federal government and prosecutors in somestates were becoming sophisticated in using criminallaw.

In 1990s , criminal prosecution of the environmentallaw was much more vigorous.

Today , it is not unusual for convicted environmentaldefendants to face actual personal time in jail as well as

large punitive fines that cannot be charged toinsurance or deducted from income taxes as businessexpenses.


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Criminal law seeks to punish bad actors in order toaccomplish several different public policyobjectives not so directly involved in civil law:

Incapacitation

Specific deterrence by making the defendantapprehensive about future conduct .

General deterrence by showing other potential culpritsthat crime does not pay.


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Revenge and retribution through physical and fiscal

punishment for defendants and bad actions.

Rehabilitation


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1899Refuse act is a US Federal statute governing use of water ways.

Here is an illuminating example of how criminal law s lingering on the

statute books can have dramatic applications in the environmental

settings.

Henry Reuss of Wisconsin discovered 1899 Refuse act (passed in 1899 as

a part of Federal Rivers and harbors appropriate Act of that year .

They read its term with pleased anticipation(hope/ expectation).


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Deposit of Refuse in navigable (passable) waters

Generally.

Penalty for wrongful Deposit of refuse;Use of or Injury

to Harbor improvements and Obstruction of Navigable

Waters Generally.


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A case study(Film Recovery systems Inc, Metallic Marketing systems, Charles

krischbaum, Daniel Rodriguez, Steven O'Neil)

Circuit court , cook country ,Illinois, Fourth Divisions

No.83-11901(Involuntary manslaughter);No.84-5064(murder), june

14,1985


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Liability (Legal responsibility)

Knowledge about crime

Nature of crime

Knowing or willful violation Statute requires proof about violation


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(United states court appeal for the fifth circuit, 1996)


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Much of the pollutants ofUS comes from corporate

(commercial) polluters, especially the most toxic of

such stream water.

Successful prosecution of criminal environmentalviolations always faces difficulties.

Fifth amendment and other limitation on discovery

,and special burden of proof require to prove

defendants guilty (beyond a reasonable doubt)


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The regulatory prosecution illustrates the modern

process of applying a generic sentencing formula

under the Guidelines. The prosecution is also a noteworthy as a virtual primer

in environmental criminal law, involving violations of a

panoply of federal environmental statutes(including

OSHA, RCRA, CWA, CERLA AND ESA).


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THANKYOU

REHAN TAHIR, MUHAMMAD (Environmental Criminal Law)

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