ENVIRONMENTAL CRIMES ON AND OFFSHORE: AN ENFORCEMENT UPDATE

ABSTRACT Criminal enforcement of environmental laws has evolved rapidly in the past few years. Recent environmental prosecutions have targeted subtle conduct in innovative and aggressive ways by using expansive theories of liability beyond those contained in environmental statutes. Prosecutions for criminal negligence also are becoming more common. Because of aggressive federal and state efforts targeting environmental crimes, it is time for companies to take a hard look at their corporate policies and environmental compliance records to help ensure that they do not become a target of a criminal prosecution. This paper will review recent criminal environmental cases and discuss ways in which companies can best protect themselves and prepare for an environmental criminal investigation of their companies, officers, and employees.