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NCJ Number: 148284 Add to Shopping cart Find in a Library
Title: Criminal Sanctions in Accidental Oil Spill Cases: Punishment Without a Crime
Journal: Nebraska Law Review  Volume:71  Issue:4  Dated:(1992)  Pages:1033-1048
Author(s): S Hoffman
Date Published: 1992
Page Count: 16
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: The criminalization of oil spill accidents is discussed.
Abstract: Existing federal regulation has criminalized environmental accidents without regard to the behavioral intent of the perpetrator. Such legislation, in the author's opinion, is troubling not only in light of the theoretical moorings of the criminal law, but also due to its wastefulness and impracticality. This article discusses the criminal prosecution in United States v. Exxon Corporation and Exxon Shipping Company (the Exxon Valdez case) and the various civil law regulations and remedies that guard against environmental abuses. Also included are other legal and policy arguments that militate against the criminalization of accidental oil spills. The author concludes that the civil and administrative remedies providing for cleanup and restoration are sufficient and, in terms of encouraging environmental compliance, perhaps even more effective than criminal sanctions. Moreoever, the criminalization of oil spill accidents may actually deter the shipping industry to the point of crippling its competitive existence. Footnotes
Main Term(s): Courts
Index Term(s): Criminalization; Criminology; Environmental laws; Oil and natural gas industries
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