harper_exam2 - -1Ashley Harper 905152398 Law of Critical...

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-1Ashley Harper November 10, 2008 905152398 Law of Critical Environmental Areas Midterm Examination #2 1. A) Civil enforcement includes the legal repercussions that polluters get in order to bring them in compliance with federal environmental laws. These repercussions are not to exceed $25,000 per day and are determined by the following criteria: (1) the seriousness of the violation or violations; (2) the economic benefit resulting from the violation; (3) any history of such violations; (4) any good-faith efforts to comply with the applicable requirements; (5) the economic impact of the penalty on the violator; and (6) such other matters as justice may require. Most commonly civil enforcement for 404 violations is an order to restore the wetland, however there may be other penalties. The case settled in 1988 involving Pozgai included civil enforcement. This case met many of the criteria listed above. The EPA warned Pozgai many times that the discharge of fill material violated policy without any action being taken by Pozgai, showing that there were no good-faith efforts made. Pozgai saved a substantial amount of money by circumventing the policy, over $173,000. The court issued an injunction prohibiting further fill without a permit. Pozgai was also required to implement a restoration plan submitted by EPA and bear cost in proportion to responsibility for the damage. Criminal enforcement is done through district and circuit courts and followed through by law enforcement. Criminal punishments are split into four categories: negligent violations (a misdemeanor with penalties from $5,000-$25,000 a day and possible imprisonment), knowing violations (a felony with penalties from $5,000-$50,000 a day with up to three years imprisonment), knowing endangerment (a felony with a fine up to $250,000 and up
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to fifteen years imprisonment) and false statements on any documents filed under CWA (a felony carrying a fine up to $10,000 and imprisonment of four years). In Pozgai's appeal (to the earlier mentioned penalties), he received criminal charges. Pozgai was sentences to five years in prison, a five year probation period, 1 year term of supervised release and a $200,000 fine. B) The Corps of Engineers " recaptures " jurisdiction to regulate activity that was previously not regulated. This comes into play when someone is doing a project that involves a different agency (for example mining industry as they are going to be mining coal). The agency with jurisdiction over mining has jurisdiction, until the landowner begins to build a road through a critical environment. Then the Corps "recaptures" jurisdiction and begins regulating the activities and construction on the wetland. Developers can get permits in order to be exempt from many normal regulations. These
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harper_exam2 - -1Ashley Harper 905152398 Law of Critical...

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