Criminal prosecution and the Migratory Bird Treaty Act: an analysis of the Constitution and criminal intent in an environmental context
Article Abstract:
Legislative power to remove the requirement of criminal intent from environmental crimes without violating due process is absolute. The federal courts have looked at environmental crimes as public welfare offenses. Even for public welfare offenses which are not criminal, laws not requiring specific intent do not violate due process. The criminal penalties under the Migratory Bird Treaty Act can provide an example of how laws can dispense with requiring criminal intent for environmental crimes without violating due process.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1997
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Environmental fraud by government contractors: a new application of the False Claims Act
Article Abstract:
The False Claims Act (FCA) can be used to attack environmental fraud by government contractors. The FCA covers fraud by contractors who provide environmental cleanup services as well as failure to comply with environmental laws by defense and other public contractors. The FCA's history, elements of a false claim, qui tam provisions, defenses, relation to federal contract law, and possible environmental applications are discussed.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1995
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Criminal penalties for creating a toxic environment: mens rea, environmental criminal liability standards. and the neurotoxicity hypothesis
Article Abstract:
The author discusses ongoing research on the effects of toxic contaminants on humans and the implications such studies hold for establishing criminal liability for offenders under the Federal Water Pollution Control Act.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 2000
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- Abstracts: Institutional evolution in economic integration: a contribution to comparative institutional analysis for international economic organization
- Abstracts: The environment as an ideological weapon: a proposal to criminalize environmental terrorism. Attorneys' fees in environmental citizen suits: Should prevailing defendants recover?