Environmental Enforcement: Civil and Criminal

Front Cover
Law Journal Press, 2023 M11 28 - 1280 pages

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.

From inside the book

Contents

1
1-2
1
1-11
05
1-29
1 06
6
The Statutory Power to Investigate
21
03
3-5
04
3-23
05
3-44
Federal Provisions
9-75
10 03
10-5
10 04
10-12
06
10-44
CHAPTER 11
10-44
07
11-2
CHAPTER 3
11-3
CHAPTER 4
11-4

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
05
8-45
07
10
Chapter Contents
9-1
9 02
9-4
05
9-25
07
9-32
935
9-34
08
9-40
10
9-49
01
11-45
3 01
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
04
13-56
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
05
14-51
05A Agency Decisions and Rule Making
15-1
15 02
15-4
03
15-35
04
15-72
05
15-85
02
1-14
Copyright

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About the author (2023)

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. Attorny's Office, Southern District of New York. Mr. Riesel chairs the annual ALI-ABA environmental Litigation Course, is past Chairperson of the environmental Law Section of the New York State Bar Association, and has served on and chaired numerous boards and professional associations, including the Association of the Bar of the City of New York's Committee on environmental Law. 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.

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