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David M Uhlmann - One of the best experts on this subject based on the ideXlab platform.

  • prosecutorial discretion and Environmental Crime
    Social Science Research Network, 2014
    Co-Authors: David M Uhlmann
    Abstract:

    Prosecutorial discretion exists throughout the criminal justice system but plays a particularly significant role for Environmental Crime. Congress made few distinctions under the Environmental laws between acts that could result in criminal, civil, or administrative enforcement. As a result, there has been uncertainty about which Environmental violations will result in criminal enforcement and persistent claims about the over-criminalization of Environmental violations. To address these concerns – and to delineate an appropriate role for criminal enforcement in the Environmental regulatory scheme – I have proposed that prosecutors should reserve criminal enforcement for violations that involve one or more of the following aggravating factors: (1) significant Environmental harm or public health effects; (2) deceptive or misleading conduct; (3) operating outside the regulatory system; or (4) repetitive violations. By doing so, prosecutors can focus on violations that undermine pollution prevention efforts and avoid targeting defendants acting in good faith or those who committed technical violations of the law. This Article presents the results of an empirical study to determine how often those factors were present in cases investigated by EPA that resulted in criminal charges from 2005-10. My empirical research demonstrates that prosecutors charged violations involving these aggravating factors for nearly every defendant prosecuted over a six-year period. Indeed, most defendants engaged in conduct that involved multiple aggravating factors. These findings suggest that prosecutors are exercising their discretion reasonably under the Environmental laws and provide empirical evidence that should inform our understanding of the role of criminal enforcement and lessen concerns about over-criminalization.

  • Environmental Crime comes of age the evolution of criminal enforcement in the Environmental regulatory scheme
    Utah law review, 2009
    Co-Authors: David M Uhlmann
    Abstract:

    The Environmental Crimes program in the United States has entered its third decade, yet questions remain about what makes an Environmental violation criminal. Our Environmental laws make only limited distinctions between criminal and civil liability, so theoretically the same conduct could give rise to criminal, civil, or administrative enforcement. This article will reconsider concerns that have been raised historically about the role of criminal enforcement under the Environmental laws and will suggest an answer to the question of what makes an Environmental case criminal. The article addresses claims that the complexity of Environmental law makes it a difficult fit for criminal enforcement and that the mental state requirements for Environmental Crime make it possible for corporate officials to be convicted for conduct that they do not know is occurring. The article considers the role of prosecutorial discretion in Environmental cases and asserts that criminal prosecution should be reserved for cases involving (1) significant harm of risk of harm to the environment or public health; (2) deceptive or misleading conduct; (3) deliberate efforts to operate outside the regulatory system; or (4) significant and repetitive violations of Environmental laws. By limiting criminal prosecution to these cases, prosecutors can ensure that criminal enforcement will advance the goals of the Environmental regulatory scheme.

Ragaišytė, Ieva Marija - One of the best experts on this subject based on the ideXlab platform.

  • Nusikaltimų aplinkai direktyvos harmonizavimo ir įgyvendinimo iššūkiai
    'Vilnius University Press', 2021
    Co-Authors: Ragaišytė, Ieva Marija
    Abstract:

    The article analyses the harmonisation framework under TFEU of the Directive 2008/99/EC and the possible difficulties in implementing the document in national legislation. An inadequately chosen legitimate purpose and the lack of the prioritisation of Environmental Crime in the Member States result in harmonisation and implementation problems related to issues of the definitions of the offences, their differentiation and compliance with fundamental principles of the law

  • Nusikaltimų aplinkai direktyvos harmonizavimo ir įgyvendinimo iššūkiai
    'Vilnius University Press', 2021
    Co-Authors: Ragaišytė, Ieva Marija
    Abstract:

    The article analyses the harmonisation framework under TFEU of the Directive 2008/99/EC and the possible difficulties in implementing the document in national legislation. An inadequately chosen legitimate purpose and the lack of the prioritisation of Environmental Crime in the Member States result in harmonisation and implementation problems related to issues of the definitions of the offences, their differentiation and compliance with fundamental principles of the law.Šiame straipsnyje analizuojama, kaip harmonizavimo pagrindas pagal SESV galėjo paveikti Direktyvos 2008/99/EB derinimą ir kokius šio dokumento įgyvendinimo sunkumus tai galėjo lemti. Netinkamas harmonizavimo pagrindo (teisėto tikslo) parinkimas ir nusikaltimų aplinkai prioretizavimo trūkumas valstybėse lemia derinimo ir įgyvendinimo problemas, susijusias su nusikalstamų veikų apibrėžimų, jų diferenciacija ir suderinamumu su pagrindiniais teisės principais

Miguel A Cisnerosmata - One of the best experts on this subject based on the ideXlab platform.

  • illegal fisheries Environmental Crime and the conservation of marine resources
    Conservation Biology, 2021
    Co-Authors: Erendira Acevesbueno, Andrew J Read, Miguel A Cisnerosmata
    Abstract:

    The illegal harvest of marine species within exclusive economic zones can have a strong impact on the function of local ecosystems and livelihoods of coastal communities. The complexity of these problems is often overlooked in the development of solutions, leading to ineffective and sometimes harmful social and Environmental outcomes. One-dimensional, oversimplified perspectives can lead to conservation prescriptions that exacerbate social stressors. This is particularly critical in the case of international illegal trade of endangered, high-value species, which generate a value chain in which artisanal fishers are the first operational and often the weakest link of an intricate web. We examined 2 illegal fisheries, totoaba (Totoaba macdonaldi) and sea cucumber (Isostichopus badionotus and Holothuria floridana), in Mexico. Although these are 2 separate and independent fisheries, important ecological (resource condition, fishery impacts at the ecosystem level) and social (governance, markets) similarities improve understanding of their complexity. Our findings are relevant globally and show the need for interdisciplinary decision-making groups, community engagement, and the development of demand reduction measures.

  • illegal fisheries Environmental Crime and the conservation of marine resources
    Conservation Biology, 2020
    Co-Authors: Erendira Acevesbueno, Andrew J Read, Miguel A Cisnerosmata
    Abstract:

    The illegal harvest of marine species within exclusive economic zones can have a strong impact on the function of local ecosystems and livelihoods of coastal communities. The complexity of these problems is often overlooked in the development of solutions, leading to ineffective and sometimes harmful social and Environmental outcomes. One-dimensional, oversimplified perspectives can lead to conservation prescriptions that exacerbate social stressors. This is particularly critical in the case of international illegal trade of endangered, high-value species, which generate a value chain in which artisanal fishers are the first operational, and often the weakest link of an intricate web. The objective of this manuscript is to underscore the complexity of these problems and identify possible pathways to find effective solutions. Our analysis of two illegal fisheries in Mexico, totoaba and sea cucumber, emphasizes the need for interdisciplinary decision-making groups, community engagement, and the development of demand reduction measures. This article is protected by copyright. All rights reserved.

Rob White - One of the best experts on this subject based on the ideXlab platform.

  • Disrupting Environmental Crime at the local level: an operational perspective
    Palgrave Communications, 2017
    Co-Authors: Stoyan Barrett, Rob White
    Abstract:

    The multi-dimensional nature of Environmental Crimes requires innovative means to combat them. This paper examines the nature and dynamics of one particular collaborative law enforcement approach directed at Environmental Crime. While much interest in multi-agency and multi-pronged approaches has been generated in recent years, especially as this pertains to Environmental Crime at the international and regional levels, this paper provides a detailed description of how this can occur at the local level. Based on a case study of nefarious activities relating to illegal waste management in Durham and surrounding areas (located in the North East of England), the paper emphasises the importance of ‘disruption’ as an important operational concept, and how inter-agency cooperation under skilled leadership and with clear purpose can lead to tangible enforcement outcomes. As the article demonstrates, particular agencies on their own have limited impact and do not always address the issue of how to take away an organised criminal group’s ability to function. By contrast, multi-agency work enables authorities to work in a united front and thus to succeed in disrupting criminal activities causing Environmental harm.

  • Reparative justice, Environmental Crime and penalties for the powerful
    Crime Law and Social Change, 2017
    Co-Authors: Rob White
    Abstract:

    Environmental harms are frequently part and parcel of ordinary commercial practice. Powerful social interests not only perpetuate great harms, they also obscure and mask the nature of the harm production. They are also best placed to resist the criminalisation process generally. Indeed, when it comes to corporate criminality, recidivism is built-in to the endeavour to the extent that payment of fines is construed as simply part of the cost of doing business (whether related to processing and transferring of waste, or cutting down trees in particular sections of the forest). Unless substantial penalties are put into play, there is little deterrent. This paper proposes that reparative justice, with an emphasis on repairing harm within a generally more punitive context, would be more appropriate and effective. This is illustrated by consideration of recent cases heard in the New South Wales Land and Environment Court in which a number of private companies were penalised using an interesting variety of sanctions. Repairing harm should not be conflated with 'restorative justice' per se. This is important, since 'repairing harm' can be imposed upon offenders (especially corporate offenders) without necessarily involving consensual agreement and/or 'conferencing' methods of negotiation. Company personnel, including senior managers, change. But to change company practices, especially those that pertain to the economic profit margin, requires regulatory and enforcement systems that penalise and sanction in ways that are tailored to the size and activities of the corporation. For this to succeed, it is argued that specialist Environmental courts with well developed problem-solving skills and capacities are required.

  • Environmental Crime and social conflict contemporary and emerging issues
    2016
    Co-Authors: Avi Brisman, Nigel South, Rob White
    Abstract:

    Contents: Toward a criminology of environment-conflict relationships, Avi Brisman, Nigel South and Rob White. Part I Conflict over Natural Resources Possession: Mapping the links between conflict and illegal logging, Tanya Wyatt Gorillas and guerrillas: environment and conflict in the Democratic Republic of Congo, Richard Milburn Land uses and conflict in Colombia, David Rodriguez Goyes With or without a license to kill: human-predator conflicts and theriocide in Norway, Ragnhild Sollund. Part II Conflict over Declining Resources: The state-corporate tandem cycling towards collision: state-corporate harm and the resource frontiers of Brazil and Colombia, Bram Ebus and Karlijn Kuijpers Somalis fight back: Environmental degradation and the Somali pirate, Victoria E. Collins. Part III Conflict that Destroys Environments: Resource wars, Environmental Crime, and the laws of war: updating war Crimes in a resource scarce world, Aaron Fichtelberg The poaching paradox: why South Africa's 'rhino wars' shine a harsh spotlight on security and conservation, M.L.R. Smith and Jasper Humphreys Weaponising conservation in the 'heart of darkness': the war on poachers and the neocolonial hunt, Tyler Wall and Bill McClanahan. Part IV Conflict over Natural Resources Extraction Processes: The hidden injuries of mining: frontier cultural conflict, Kerry Carrington, Russell Hogg and Alison McIntosh On harm and mediated space: the BP oil spill in the age of globalisation, Nels Paulson, Kim Zagorski and D. Chris Ferguson Environment and conflict: a typology of representations, Avi Brisman. Index.

  • green criminology an introduction to the study of Environmental harm
    2014
    Co-Authors: Rob White, Diane Heckenberg
    Abstract:

    Over the past ten years, the study of Environmental harm and 'Crimes against nature' has become an increasingly popular area of research amongst criminologists. This book represents the fi rst international, comprehensive and introductory text for green criminology, offering a concise exposition of theory and concepts and providing extensive geographical coverage, diversity and depth to the many issues pertaining to Environmental harm and Crime. Divided into three sections, the book draws on a range of international case studies and examples, and looks at the conceptual and methodological foundations of green criminology, before examining in detail areas of Environmental Crime and harm, and how they are addressed, including: • climate change and social conflict; • abuse and harm to animals; • threats to bio-diversity; • pollution and toxic waste; • Environmental victims; • Environmental regulation, law enforcement and courts; • Environmental forensic studies; • Environmental Crime prevention. Green Criminology is packed with pedagogical features, including dialogue boxes, case examples, discussion questions and lists of further reading and is perfect for students around the world engaged with green criminology and Crime against the environment © 2014 Rob White and Diane Heckenberg. All rights reserved.

  • transnational Environmental Crime
    2013
    Co-Authors: Rob White
    Abstract:

    Contents: Introduction Part I Thinking about Transnational Environmental Crime: Transnational Environmental Crime: exploring (un)charted territory, Liselotte Bisschop Conceptualising and combating transnational Environmental Crime, Glen Wright The global transference of toxic harms, Diane Heckenberg Causes for speciesism: difference, distance and denial, Ragnhild Sollund Dire forecast: a theoretical model of the impact of climate change on Crime, Robert Agnew Where might we be headed? Some of the possible consequences of climate change for the criminological research agenda, Stephen Farrall. Part II Conflicts, Victimisation and the Environment: Cross-national Environmental injustice and human rights issues: a review of evidence in the developing world, Francis O. Adeola Environmental disputes and human rights violations: a role for criminologists, Richard D. Clark When social movements bypass the poor: asbestos pollution, international litigation and Griqua cultural identity, Linda Waldman Deforestation Crimes and conflicts in the Amazon, Tim Boekhout van Solinge Toward defining the concept of Environmental Crime on the basis of sustainability, Ali Mohamed Al-Damkhi, Ali Mohamed Khuraibet, Sabah Ahmed Abdul-Wahab and Faten Abdul-Hameed Al-Attar. Part III Pollution and Waste: Green criminology and dirty collar Crime, Vincenzo Ruggiero and Nigel South Is it all going to waste? Illegal transports of e-waste in a European trade hub, Liselot Bisschop International waste trafficking: preliminary explorations, Ana KlenovA!ek and Goradz MeA!ko Conservation criminology and the global trade in electronic waste: applying a multi-disciplinary research framework, Carole Gibbs, Edmund F. McGarrell, Mark Axelrod and Louie Rivers III Toxic atmospheres: air pollution, trade and the politics of regulation, Reece Walters. Part IV Biodiversity and Wildlife Crime: The a "corporate colonisation of naturea (TM): bio-prospecting, bio-piracy and the development of green criminology, Nigel South Crime, bio-agriculture and the exploitation of hunger, Reece Walters The transnational illegal wildlife trade, Greg L. Warchol The international ban on ivory sales and its effect on elephant poaching in Africa, Andrew M. Lemieux and Ronald V. Clarke Preventing wildlife Crimes: solutions that can overcome the a "tragedy of the commonsa (TM), Stephen F. Pires and William D. Moreto. Part V Combating Transnational Environmental Crimes: Police, law enforcement and the environment, Kevin Tomkins Strengthening the weakest links: strategies for improving the enforcement of Environmental laws globally, Anita Sundari Akella and James B. Cannon Usage of special investigation measures in detecting Environmental Crime: international and Macedonian perspective, Marina Malis Sazdovska Cross-border police cooperation in tackling Environmental Crime, Toine Spapens NGO engagement in Environmental law enforcement: critical reflections, Rob White Name index.

Lieselot Bisschop - One of the best experts on this subject based on the ideXlab platform.

  • governance of the illegal trade in e waste and tropical timber case studies on transnational Environmental Crime
    2015
    Co-Authors: Lieselot Bisschop
    Abstract:

    This book responds to the call for more research on transnational Environmental Crime and its governance by investigating the illegal trade in electronic waste (e-waste) and tropical timber, major forms of transnational Environmental Crime. The book is based on a qualitative multi-method research combining document analysis, interviews with key informants and field visits. Bisschop focuses on the flows that pass through the research setting of the Port of Antwerp (Belgium) and those between Europe and West and Central Africa. The study examines the emergence and social organization of these transnational Environmental flows, illustrating that although profit or lure play a very important role, a range of factors on individual, organizational and societal levels together provide the motivations and opportunities. Building on these insights, the book addresses the governance of these two cases. The responsive regulatory pyramid and networked governance are used as theoretical frameworks for this analysis. This book is essential reading for scholars and academics interested in transnational Environmental Crime and corporate Crime, as well as governance studies.

  • out of the woods the illegal trade in tropical timber and a european trade hub
    Global Crime, 2012
    Co-Authors: Lieselot Bisschop
    Abstract:

    This article responds to the call for more empirical knowledge about transnational Environmental Crime by analysing the illegal trade in tropical timber. It aims to provide insights into the social organisation of the illegal transports of tropical timber within the local research setting of the port of Antwerp (Belgium) but meanwhile pays attention to elements throughout the flows from locations of origin over transit to destination. It is often difficult to determine which legal and illegal actors are involved in transnational Environmental Crime. This research sheds light on the legal–illegal interfaces in tropical timber flows connected to this European setting. The results show that the social organisation of transnational Environmental Crime is shaped by the global context of the places of origin, transit and destination, where it is continuously on a thin line between legal and illegal.