1. THE CRIMINALIZATION of NEGLIGENCE UNDER THE CLEAN WATER ACT.
- Author
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Roth, David E., Spivack, Stephen R., and Block, Joseph G.
- Subjects
CRIMINAL negligence ,NEGLIGENCE ,WATER pollution laws ,CONTAINER ships ,OIL spill laws ,LIABILITY for oil pollution damages ,ACCIDENTS - Abstract
The article focuses on the criminalization of negligence under the Clean Water Act (CWA) in the U.S. It cites a case involving container ship M/V Cosco Busan which leaked heavy fuel oil into the San Francisco/Oakland Bay in California following an allision accident. It examines several provisions under CWA that allow the prosecution of negligence on the part of the San Francisco Bar pilot and the ship operator. It stresses that the criminalization of environmental negligence brings tension to the civil and criminal liability constructs.
- Published
- 2009