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[84WashLRev0555] The Cost of Doing Business: Corporate Vicarious Criminal Liability for the Negligent Discharge of Oil Under the Clean Water Act

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dc.contributor.author Washington Law Review
dc.contributor.author Swanson, Katherine A.
dc.contributor.other
dc.date.accessioned 2010-01-13T22:25:01Z
dc.date.available 2010-01-13T22:25:01Z
dc.date.issued 2009-08
dc.identifier.citation 84 Wash. L. Rev. 555 (2009) en_US
dc.identifier.issn 0043-0617
dc.identifier.uri http://hdl.handle.net/1773.1/174
dc.description.abstract Abstract: In response to massive oil spills that damaged America’s waters, devastated local economies, killed wildlife, and cost taxpayers millions in clean-up costs, Congress passed the Oil Pollution Act of 1990. The Act amended the Federal Water Pollution Control Act to allow for criminal prosecution of negligent oil discharges. This Comment argues that although the plain language of the Federal Water Pollution Control Act’s negligent discharge provision is silent regarding corporate vicarious criminal liability, courts should give full effect to Congress’s intent—to protect the health and safety of the public and the environment and to stop corporations from accepting oils spills as just another cost of doing business—and construe the negligent discharge provision to allow for vicarious liability. Doing so will not violate the due process rights of corporations because they are on notice of the stringent regulations surrounding oil pollution. Moreover, corporations are in the best position to prevent and deter negligent employee behavior that leads to oils spills in the first place. en_US
dc.language
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Comment en_US
dc.title [84WashLRev0555] The Cost of Doing Business: Corporate Vicarious Criminal Liability for the Negligent Discharge of Oil Under the Clean Water Act en_US
dc.type Article en_US
dc.rights.holder Copyright 2009 by Washington Law Review Association.
dc.rights.holder Copyright 2009 Washington Law Review Association.


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