environmental crime midterm
when was EPA established
1970
Media Coverage of Environmental Crime
- CITGO petroleum violating CAA - corporations have access to media to control their image
role that DOJ play in environmental regulation
- created ECS - environmental crime first investigated by agents of EPA, then agents contact ECS prosecutors if they find evidence meriting prosecution
Environment & Crime in the Inner City
- green surroundings = happier people, fewer crimes - greenery increases surveillance & lessens violent psychological precursors
what is sovereignty
- jurisdiction over territory & population living there - duty to not intervene in jurisdiction of other states - obligation to follow customary laws/treaties
Reputational Penalties for Env. Violations
- reputational penalties not as effective as legal penalties; why we need clear & enforced legal penalties - corporate self-policing
State Corporate Env. Cover-Up
-BP oil spill -BP bossing around fed gov (coast guard) to cover up amount oil spill with dispersants & harming lots of citizens
criminal law concepts
harm, culpbaliity, deterrence
ECS
Environmental Crime Section (prosecutors)
population of US & world
US - 327 million world - 7.5 billion
hard environmental law
agreements directly enforceable by national/international body (stockholm conference declaration)
soft environmental law
agreements/principles meant to influence individual nations to respect certain norms/incorporate them into national law (kyoto protocol)
what is international law
agreements/treaties among different nations, issues with sovereignty
ecological justice
all living things are bound together & environmental matters are transboundary & global in nature
environmental justice
availability of resources that humans want/need - anthropocentrism: humans are central nervous system of nature
health risks of air pollution
breathing problems, premature death, heart/respiratory problems, asthma
major environmental legislation from 1970s
clean air act clean water act resource conservation & recovery act toxic substance control act CERCLA
what is greenwashing
companies targeting lawmakers & consumers, advertising sells products & company image
environmental crime
environmental harms deemed to be illegal according to law; acts or omissions (failure to do something)
3 perspectives of green criminology
environmental justice ecological justice species justice
difficulties enforcing environmental law
lack of appropriate regulation lack of enforcement different in cost & regulation
deterrence
max authorized fine is greater than cost of compliance
health risks of water pollution
more people die from unsafe water than from violence - worldwide, infectious waterborne diseases #1 killer of children under 5
species justice
nonhuman animals have rights/inherited values
concerns with air pollution
ozone & partical pollutants
what are particle pollutants
particles so small they bypass natural defenses in our body designed to keep them out
events to develop environmental protection
public health concerns (anti-smog during industrialization, statues for food/water quality) conservationist concerns (teddy roosevelt & US Forest service)
what is lobbying
representatives from corporations that talk with & bribe politicians & donate to their campaign
culpability
requires understanding of actors state of mind to assess blameworthiness
early issues for EPA
struggles with enforcement - minor penalties, lack of deterrence, lack of effort/interest from prosecutors
green criminology
study by criminologists of environmental harms/laws/regulation
concerns with water pollution
toxic contaminants, chemical spills, oil spills, lead exposure
harm
unjustifiable risk of harm, reckless endangerment