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Environmental Enforcement: Civil and Criminal

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ALM Product :BOOK
ISBN: 9781588520722
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This book, by one of the nation's first environmental prosecutors, is a detailed guide to environmental enforcement for members of the regulated community and their counsel. Environmental Enforcement: Civil and Criminal explains the potential consequences of enforcement actions and discusses procedures to follow to minimize exposure. Topics include: how to conduct an environmental self-audit; civil investigatory procedures in environmental law; civil enforcement under the Clean Water Act, the Resource Conservation and Recovery Act (RCRA), the Clean Air Act, the Emergency Planning and Community Right-to-Know Act (EPCRA), and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). You'll also find analysis of "government guidance documents"; contribution suits between "potentially responsible parties"; penalties and penalty policies; preliminary injunctions; citizen suits, defenses and awarding of attorneys' fees; the criminal process; the Department of Justice's guidelines for pursuing criminal charges against corporations; criminal representation and defense; and audits to ensure compliance.

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Table of Contents


CHAPTER 1

The Structure of Environmental Enforcement




CHAPTER 2

The Statutory Power to Investigate



CHAPTER 3

Dealing with Government Investigatory Demands



CHAPTER 4

Penalties and Penalty Policies




CHAPTER 5

Temporary Restraining Orders, Preliminary Injunctions, and Stays Pending Appeal in Environmental Litigation



CHAPTER 6

The Criminal Process in Environmental Regulation



CHAPTER 7

Criminal Representation and Defense in Environmental Law




CHAPTER 8

The Whys, Whens and Hows of Environmental Self-Auditing



CHAPTER 9

Civil Enforcement Under the Clean Water Act




CHAPTER 10

Civil Enforcement Under the Clean Air Act



CHAPTER 11

Civil Enforcement Under the Resource Conservation and Recovery Act




CHAPTER 12

Structure of the Comprehensive Environmental Response, Compensation and Liability Act




CHAPTER 13

Enforcement and Initiatives Under the Comprehensive Environmental Response, Compensation and Liability Act




CHAPTER 14

Civil Enforcement Under the Emergency Planning and Community Right-to-Know Act (EPCRA)



CHAPTER 15

Citizen Suits, and the Award of Attorneys’ Fees in Environmental Litigation





Index