Download Environmental Law and American Business: Dilemmas of by Joseph F. DiMento PDF

By Joseph F. DiMento

We are within the moment decade of modem environmental legislation. via a few symptoms this physique of rules has matured tremendously. we will aspect to statutes and codes on the federal, nation, and native degrees which tackle nearly each attainable type of toxins and environmental insult. but, regardless of the lifestyles of this huge physique of legislation, regardless of enormous charges on enforcement, and regardless of the lively efforts of individuals sympathetic to environmental ambitions, violations are a variety of. critical pollutants difficulties are usual. Love Canal, the Valley of the Drums, instances seashore, and Stringfellow Acid Pits epitomize the nationwide environmental caliber problem. day-by-day, an enormous unlawful disposal of haz­ ardous waste is recorded; a brand new mismanaged unload website is came upon; a poisonous substance is located in our consuming water; or a failure to satisfy a water or air caliber commonplace is pointed out. lots of those violations contain American company. disasters to conform are of numerous kinds. A small businessman in Pennsylvania mistakenly permits a spillover of a pollutant right into a safe circulation. An industrialist within the Midwest provides to his fortune via illegally dumping risky chemical compounds. a sequence of mistakes by means of numerous agencies, a few of which now not exist, mix to create a health and wellbeing­ threatening conflagration at the West Coast. An car corporation translates one of many nearly innumerable pollution ideas otherwise from govt: It produces a motor vehicle which the govt. says fails to conform with the fresh Air Act.

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The company first said it had complied with the rule when it printed the warning in a language different from that of the rest of the advertisement. 48 Issues of interpretation are not limited to legal analysis. Some debates about compliance are statistical. For example, an industry analysis of an EPA groundwater monitoring study asserted that "serious statistical flaws ... [would] erroneously show 80% of facilities are violating ground water requirements by the end of the first year of monitoring and that every facility in the country [would be] violating the standards by the end of the second year.

Studies differ on how to assess the degree of involvement by criminal rings and resulting violations. Many charges brought by government officials are vague and undocumented, for example, "infiltration" into the waste disposal industry and "surreptitious" dumping. 17 Organized crime is most often implicated in improper disposal of toxic wastes which offers tempting profits. Indeed, the "take" can be staggering. Recently the State of Pennsylvania successfully prosecuted a businessman under felony racketeering charges.

Respondents from thirteen state enforcement agencies represented twelve different states (Alaska, California, Delaware, Illinois, Maine, Massachusetts, Minnesota, Mis- THE NONCOMPLIANCE PROBLEM 37 souri, North Carolina, Texas, West Virginia, and Wyoming) and nine federal regions (1, 3-10). Respondents from twelve state environmental policy agencies represented nine different states (Alaska, California, Delaware, Minnesota, Texas, Illinois, Massachusetts, Vermont, and Missouri) and seven federal regions (1, 3, 5, 6, 7, 9, 10).

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