Environmental Enforcement: Civil and Criminal

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Law Journal Press, 2022 M11 28 - 1304 pages
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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 will 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; guidelines from the Department of Justice for pursuing criminal charges against corporations; criminal representation and defense; and audits to ensure compliance.

Book ɻ looseleaf, one volume, 1,220 pages; published in 1997, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-072-2.

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Contents

1
1-2
1
1-11
05
1-29
1 06
6
The Statutory Power to Investigate
21
CHAPTER 3
3-1
03
3-5
04
3-23
08
9-40
10
9-49
Federal Provisions
9-75
10 03
10-5
10 04
10-12
06
10-44
CHAPTER 11
10-44
07
11-2

05
3-44
07
3-52
10
3-58
Chapter Contents
4-1
to Pay 426
4-27
ii Extent Level
4-53
CHAPTER 5
5-1
CHAPTER 6
6-1
CHAPTER 14
6-14
b The Clean Water Act 616
6-16
ii The Toxic Substances
6-35
Criminal Representation and Defense
7-1
02
7-17
03
7-37
04
7-59
The Whys Whens and Hows
8-1
6 The Risk of Waiver Through Prosecution 855
6
07
10
Chapter Contents
9-1
9 02
9-4
05
9-25
07
9-32
CHAPTER 4
11-4
Requirements 1124
11-24
01
11-45
CHAPTER 12
11-69
129
12-7
iii
12-14
12 02
12-20
132
12-24
04
12-28
ix
12-38
06
12-61
07
12-67
08
12-76
CHAPTER 13
12-91
Civil Enforcement Under the Emergency Planning
14-1
3 Who Should Conduct the Audit? 826
14-8
ii Trade Secret Claim Violations 1420 1
14-20
CHAPTER 15
15-1
03
15-35
04
15-72
05
15-85
Copyright

Other editions - View all

Environmental Enforcement: Civil and Criminal
Daniel Riesel
No preview available - 1997

Common terms and phrases

action addition Administrator agency amount appeals applicable appropriate assessed attorney audit authority basis cause CERCLA chemical Circuit civil penalty Clean Air Act Clean Water Act compliance comply conduct considered contains conviction Corp corporate costs court criminal defendant determining discharge disposal district court documents economic benefit effect efforts employees enforcement environmental EPA's established evidence example facility fact factors fails failure federal harm hazardous waste held imposed injunction inspection interest involved issue liability limitation listed litigation material matter ment monitoring nature noncompliance noted notice obtain officer operator owner party Penalty Policy permit person Policy pollutant present privilege procedures proceeding prosecution protection pursuant RCRA reasonable records regulations release relevant reports request response result rule S.Ct samples specific standards statute statutory substance Supp tion United violation warrant

About the author (2022)

Daniel Riesel

Daniel Riesel, a senior partner of Sive, Paget & Riesel, P.C., has been involved in the practice of environmental law, general litigation and criminal defense since 1970. Previously, he served as the Chief of the Environmental Protection Unit for the U.S. Attorney's Office, Southern District of New York. Mr. Riesel chairs the annual ALI-ABA Environmental Litigation Course. Mr. Riesel's extensive environmental and litigation practice has been recognized by several organizations: Chambers & Partners' survey of environmental lawyers ranks him as one of the top tier environmental lawyers in New York and notes, "No end of praise is heaped on Daniel Riesel" and, further, "Creative, forceful and dynamic, he is seen as an excellent counselor and a strong litigator who is experienced in enforcement defense, white-collar crime and civil litigation including toxic torts, as well as rulemaking challenges." Recently, several publications have referred to him as "Dean of the environmental bar."

He is presently a member of the adjunct faculty at Columbia University Law School and was previously an adjunct professor at Cardozo School of Law from 1986-1992. Mr. Riesel has contributed to The National Law Journal and has authored such articles as "Criminal Prosecution and the Regulation of Hazardous Substances" and "Criminal Prosecution and the Defense of Environmental Wrongs." He received his LL.B. from Columbia University Law School in 1961 and his B.A. from Union College in 1958.

Bibliographic information

QR code for Environmental Enforcement
TitleEnvironmental Enforcement: Civil and Criminal
Environmental law series
AuthorDaniel Riesel
PublisherLaw Journal Press, 2022
ISBN1588520722, 9781588520722
Length1304 pages
  
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