In the last two decades, federal prosecutors have brought more criminal cases against corporations for environmental crimes than for any other form of white collar crime, and criminal enforcement has become an integral part of pollution prevention efforts in the United States. This course considers the criminal provisions of federal environmental laws, including the Resource Conservation and Recovery Act, the Clean Water Act, and the Clean Air Act, and their application in selected precedent-setting prosecutions. We focus on the legal and policy issues raised by prosecution of corporations and their officers and employees, including the role of criminal enforcement in a complex statutory and regulatory scheme, the coordination of parallel criminal, civil, and administrative proceedings, and controversies surrounding the government's strategies, including obtaining corporate waiver of attorney-client privilege and work product doctrine.
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