Actual contamination in the Federal Sentencing Guidelines: to prove or not to prove?

Article Abstract:

Proof of actual contamination should be required before imposing increased sentences for environmental crimes under the Federal Sentencing Guidelines. Congress should amend the guidelines to clarify the issue and specify what form of proof is sufficient. Policy arguments for rejecting the requirement based on undue expense, legislative intent, public concern and outcome are not compelling. On the other hand, requiring proof of actual contamination is justified on grounds of due process, fairness, legislative intent, rules of statutory construction, and promotion of the sentencing guideline goals.

Standards, Sentences (Criminal procedure), Burden of proof, Offenses against the environment, Environmental crimes

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Fraud and the duty to disclose off-site land conditions: actual knowledge vs. seller status

Article Abstract:

The New Jersey Supreme Court ruling of Strawn v. Canuso does not go far enough in protecting land purchasers against fraud. Although its expansion of the common law of fraud in land transactions does provide some protection, the professional status standard requiring disclosure only of professional sellers permits knowledgeable laypeople to cheat the unsuspecting. The duty to disclose should not apply only to professionals when average people can pick out issues of materiality.

House selling, Home selling, Fraud, Vendors and purchasers (Law)

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The Federal Advisory Committee Act and its failure to work effectively in the environmental context

Article Abstract:

The Federal Advisory Committee Act (FACA) has failed in its attempt to cut down on duplication and waste by advisory committees and to open such committees to public oversight. Judicial failure to enforce the law leaves advisory committees no incentive to comply with its requirements. Congress should amend FACA or the courts should give injunctive relief for FACA violations. Such amendment would ensure environmentalists a voice in the adoption of new government policy.

Administrative procedure, Environmental policy

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