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NCJ Number: 160679 Find in a Library
Title: Can Confrontation, Negotiation, or Socialization Solve the Superfund Enforcement Dilemma? (From Corporate Crime: Contemporary Debates, P 322-338, 1995, Frank Pearce and Laureen Snider, eds. - See NCJ-160666)
Author(s): H C Barnett
Date Published: 1995
Page Count: 17
Sponsoring Agency: University of Toronto Press
Toronto, Ontario M4Y 2W8, Canada
Sale Source: University of Toronto Press
Marketing Manager
10 St. Mary Street
Suite 700
Toronto, Ontario M4Y 2W8,
Canada
Type: Legislation/Policy Analysis
Language: English
Country: Canada
Annotation: This analysis of efforts by Federal agencies to make industrial corporations clean up hazardous waste sites uses a structuralist analysis to describe the failures of the original strategy and to analyze the compromise solution now being used.
Abstract: The Environmental Protection Agency and the Congress set up the Superfund in 1980 to clean up hazardous waste sites, force polluters to pay their share, and have the public contribute the remainder. More than 60 percent of the total costs of an estimated $100-300 was thought to be recoverable from the offending corporations. However, active enforcement based on punitive sanctions and litigation has achieved little except to increase the personal fortunes of attorneys and professional lobbyists. After more than a decade of this effort, a compromise solution has been suggested that minimizes confrontation in favor of policies that involve all parties. The compromise also seeks to use flexibility and negotiation instead of the blame and rigidity that have characterized the approach taken to date. Both a pessimistic outcome and an optimistic outcome are possible, but the optimistic one allows more room for agency and struggle and relies more heavily on concepts of enlightened self-interest. Notes
Main Term(s): Criminology
Index Term(s): Civil proceedings; Civil remedies; Corporate criminal liability; Environmental laws; Environmental offenses; Environmental Protection Agency (EPA); Federal law enforcement agencies; Illegal hazardous waste disposal; Police pollution control enforcement; Regulations compliance
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=160679

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