Chapter 1 ENV
please avoid plagiarism
Use very simple words
Please follow the instructions below :
The text discusses at length the bland concepts of law at all levels and forms, from Constitutional law down to civil and criminal procedure codes. That ignores the reality of the agencies taking action based on their statutory and regulatory powers and the results of their actions.
To see the reality of the enforcement action and power of the Environmental Protection Agency, look at the thousands of actions taken by the EPA across the United States just in 2017:
https://www.epa.gov/enforcement/enforcement-annual-results-concluded-cases-map-fiscal-year-2017
If you choose to zoom in on south Florida, you will find two civil actions and one criminal action in our own backyard (so to speak). The two civil enforcement actions look at the failure of a major corporation (with a location in Boca Raton) to properly document and maintain their refrigeration equipment:
https://echo.epa.gov/enforcement-case-report?id=04-2014-9005
https://echo.epa.gov/detailed-facility-report?fid=110069438022
The enforcement action against this major corporation cost taxpayers almost $200,000 and, according to the news release, resulted in $500,000 in civil penalties – which will go into the general treasury of the United States. In short, those funds reimburse the government and include a profit motive for the enforcing agencies to be efficient and effective in their choice of targets for enforcement.
The second case in Boca Raton is also a civil case and involves lead paint in apartments:
https://echo.epa.gov/enforcement-case-report?id=04-2017-2545
(note that this document above claims that the government cost of the compliance action was $2 and resulted in a penalty of $3852 against the realty company)
https://echo.epa.gov/detailed-facility-report?fid=110070101533
https://yosemite.epa.gov/oa/rhc/epaadmin.nsf/Filings/DD4BA2BCF0EC3E22852581A1001BD3C5/$File/CAFO.pdf
Finally, a criminal action. In the Florida Keys, a contractor violated coastal environmental protection laws with unpermitted building in waterways:
https://echo.epa.gov/criminal-case-report?p_id=2929
That case actually resulted in a conviction with probation and fines.
For this first substantive assignment of the course, please review the information provided in the text about the history, purpose, and laws of environmental use and protection and combine with the information provided by the links listed above.
With that information in hand, analyze the merit of using criminal and/or civil law enforcement powers to regulate environmental use and protection.
Consider the costs and benefits of prosecution in a criminal case with less-intensive enforcement efforts of civil law enforcement and the societal issues of each. Although the harms done in the civil actions may be much greater than the harms done by the parties in criminal action – only one of the cases used criminal powers. Why?
Using APA format, draft and submit an essay that articulates the difference between criminal and civil enforcement of environmental laws and regulations. Your analysis should consider the actions (or inactions) of the parties, the environmental issues involved, the harm done by these parties, and the objectives of the EPA in carrying out these enforcement actions.
Your submission requires a cover page, your text, and reference page, and you shall cite the sources used in your analysis and argument. Including these APA formalities, your paper will be at least six pages long (cover, four pages of text, references).