Читать книгу Industrial Environmental Management - Tapas K. Das - Страница 157

In the United States, violations of environmental laws are generally civil offenses, resulting in monetary penalties and, perhaps, civil sanctions such as injunction. Many environmental laws also provide for criminal penalties for egregious violations. Some federal laws, such as the CWA, also allow a US citizen to file a lawsuit against a violator, if the government has failed to take enforcement action (USEPA Clean Water Act 1972).

Environmental agencies often include separate enforcement offices, with duties including monitoring permitted activities, performing compliance inspections, issuing citations, and prosecuting wrongdoing (civilly or criminally, depending on the violation). EPA's Office of Enforcement and Compliance Assurance is one such agency. Others, such as the United States Park Police, carry out more traditional law enforcement activities.

Adjudicatory proceedings for environmental violations are often handled by the agencies themselves under the structures of administrative law. In some cases, appeals are also handled internally (e.g. EPA's Environmental Appeals Board). Generally, final agency determinations may subsequently be appealed to the appropriate court.