Environmental Enforcement: Civil and Criminal
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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
The Structure of Environmental Enforcement
The Statutory Power to Investigate
Dealing with Government Investigatory Demands
Penalties and Penalty Policies
Temporary Restraining Orders, Preliminary Injunctions, and Stays Pending Appeal in Environmental Litigation
The Criminal Process in Environmental Regulation
Criminal Representation and Defense in Environmental Law
The Whys, Whens and Hows of Environmental Self-Auditing
Civil Enforcement Under the Clean Water Act
Civil Enforcement Under the Clean Air Act
Civil Enforcement Under the Resource Conservation and Recovery Act
Structure of the Comprehensive Environmental Response, Compensation and Liability Act
Enforcement and Initiatives Under the Comprehensive Environmental Response, Compensation and Liability Act
Civil Enforcement Under the Emergency Planning and Community Right-to-Know Act (EPCRA)
Citizen Suits, and the Award of Attorneys’ Fees in Environmental Litigation