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Article: Separate but equal: double jeopardy and environmental enforcement actions.
- Article from:
- Environmental Law
- Article date:
- March 22, 1998
- Author:
CopyrightCOPYRIGHT 1998 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
Criminal enforcement of environmental laws has skyrocketed in the past several years, and those involved in the field of environmental enforcement believe this trend will continue because criminal sanctions represent the "most compelling tool" in environmental enforcement.(1) While the states occupy the first line in environmental enforcement,(2) over the past several years federal environmental enforcement actions, and in particular federal criminal enforcement actions, have steadily increased.(3) Given the complexity of environmental law and the overlapping authority of the federal and state governments in environmental enforcement, issues ...