Enforcement and Criminal Enforcement

Enforcement and Criminal Enforcement

The difference between criminal enforcement and civil enforcement as applied to the violation of environmental regulation and laws is that the latter is where a fine, a penal notice or a jail sentence is used to punish those who have violated environmental law. An example is when someone disposes harmful wastes to a water body, gets arrested and sentenced to a jail term on a specified period. On the one side, civil enforcement is much broader and more flexible where the violator will be issued with financial penalties and may also involve the restoration and clean-up of the affected part of the environment(Enforcement, 2019).

An example is when a party disposes wastes in an unwanted location and gets directed to remove it from that location. Public employees, legislators, and several other public servants might face stern consequences for the violation of the public trust, and the penalty range includes removal from office, censure, permanent disqualification from running state positions, decades in jail, restitution, as well as fines up into vast sums of cash. For instance, among the most essential environmental lawsuits in the history of the United States is Sierra Club vs. Morton. The case was about an intended Disney ski resort within the Mineral King Valley in Sequoia National Forest. However, Sierra was opposing the resort’s construction because it interfered with the national park’s preservation(Enforcement, 2019). The national park surrounded local wildlife as well as a forest area. After the appeal from both parties, the court contended that Sierra Club did not have the right of suing. Afterward, when Sierra Club amended its complaint, a crucial legislation, the National Environment Policy Act, was passed and it necessitated Disney to write a statement of environmental impact that detailed what effect the resort was going to have on the region. After reviewing the extreme ecological effect of their intentions, Disney backed out.

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