Journal of Environmental Law & Litigation : Vol. 25, No. 2, p. 511-558 : Polluters as Perpetrators of Person Crimes: Charging Homicide, Assault, and Reckless Endangerment in the Face of Environmental Crime
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Date
2010
Authors
Gibson, Sarah
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
This Article presents the theory that when victims of environmental
crimes sustain serious bodily injury or death, state-level prosecutors
may often charge the perpetrator with a traditional person crime
alongside, or instead of, violations of environmental statutes. In order
to show the efficacy of such a course of action, it is necessary to look
at fact patterns of pollution that may cause serious bodily injury or
death, and determine how state environmental and person crime
statutes can deal with defendants in such situations. Assuming
prosecutors are able to charge polluters with person crimes under their
state laws, there are also some practical and jurisprudential issues to
consider when deciding how to charge the crime. Part I of the Article
suggests that certain serious bodily injuries or death can be caused by
chronic, catastrophic, or unregulated polluting actions. Part II
discusses the act and mental state elements of the various
environmental crimes in New York, Oregon, and Florida that can deal
with these serious cases of pollution, and Part III does the same for
traditional person crimes. Part IV presents the issues of statutory analysis and discretion involved when a prosecutor determines
whether to charge a polluter whose actions cause serious bodily injury
or death with an environmental crime, a person crime, or both.
Description
48 p.
Keywords
Pollution -- Law and legislation -- United States
Citation
25 J. ENVTL. L. & LITIG. 511 (2010)