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THE CRIMINALIZATION of NEGLIGENCE UNDER THE CLEAN WATER ACT.

Authors :
Roth, David E.
Spivack, Stephen R.
Block, Joseph G.
Source :
Criminal Justice; Winter2009, Vol. 23 Issue 4, p4-9, 6p, 1 Black and White Photograph
Publication Year :
2009

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.

Details

Language :
English
ISSN :
08877785
Volume :
23
Issue :
4
Database :
Complementary Index
Journal :
Criminal Justice
Publication Type :
Periodical
Accession number :
36206430