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Date: November 22, 2024 Fri

Time: 11:44 am

Results for environmental crime (u.s.)

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Author: Levin, Marc A.

Title: Engulfed by Environmental Crimes: Overcriminalization on the Gulf Coast

Summary: Overcriminalization along the Gulf Coast has become a threat to liberty and economic growth. The five Gulf states—Texas, Louisiana, Mississippi, Alabama, and Florida—have nearly 1,000 environmental laws criminalizing activity along the coast. This report presents the following recommendations to address this issue: • Review environmental laws to determine whether criminal sanctions are appropriate. • Identify environmental criminal laws containing weak or nonexistent mens rea protections and either eliminate them, or amend them so that an appropriate culpable mental state is included. • Codify and apply the Rule of Lenity to environmental criminal prosecutions. • Eliminate provisions that delegate the power to agencies to create environmental criminal offenses through rulemaking. • Establish a “Safe Harbor Provision” whereby if an environmental criminal offense is unintentional and no harm has been done to human health, the offender is given the opportunity to mitigate the harm and to come into compliance.

Details: Austin, TX: Texas Public policy Foundation, 2012. 12p.

Source: Internet Resource: Accessed February 15, 2013 at: http://www.texaspolicy.com/sites/default/files/documents/2012-12-PP32-EngulfedInEnvironmentalCrimes-CEJ-MarcLevinVikrantReddy_0.pdf

Year: 2012

Country: United States

URL: http://www.texaspolicy.com/sites/default/files/documents/2012-12-PP32-EngulfedInEnvironmentalCrimes-CEJ-MarcLevinVikrantReddy_0.pdf

Shelf Number: 127638

Keywords:
Environmental Crime (U.S.)
Environmental Laws
Offenses Against the Environment