Articles
Preventing an Environmental Violation from Becoming a Criminal Case
Published by the American Bar Association in Natural Resources & Environment
Spring 2004
An environmental violation can provoke a wide range of responses from the government, from a notice of violation to a criminal prosecution. This article examines the factors and policies involved in close cases, where the difference between a prosecution and a declination turns on differing views of the same circumstances, and explains what steps companies should take to manage these perceptions.