Civil law addresses activities and conduct harmful to society and is actively enforced by the state. ✅ Chất
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Nội dung chính- Enforcement ProgramsLegal StandardBurden of ProofTypes of Enforcement ActionsTypes of Enforcement ResultsEnforcement Reports and Data
What is the subject of the Computer Security Act quizlet?Is the right of the individual or group to protect themselves and their information from unauthorized access?Which of the following acts is also widely known as the Gramm Leach Bliley Act?Are rules that mandate or prohibit certain behavior and are enforced by the government?
On this page
- Legal StandardBurden of ProofResults
Enforcing environmental laws is a central part of EPA's Strategic Plan to protect human health and the environment. EPA works to ensure compliance with environmental requirements. When warranted, EPA will take civil or criminal enforcement action against violators of environmental laws. Learn more about our enforcement goals.
One of EPA's top priorities is to protect communities disproportionately affected by pollution through our environmental justice (EJ) work. EPA is integrating EJ into areas such as:
- enforcement and compliance program planning and implementation,identifying cases to pursue anddeveloping solutions to benefit overburdened communities.
Learn more about the Environmental Justice 2022 Action Agenda
This section provides basic information on EPA’s enforcement and compliance programs, actions, activities, reports and data.
Enforcement Programs
Many of the nation’s environmental statutes contain both civil and criminal revisions to address pollution violations.
- What is
the difference between Criminal and Civil Enforcement?
Criminal and civil enforcement differ in:
Legal Standard
- Environmental civil liability is strict; it arises simply through the existence of the environmental violation. It does not take into consideration what the responsible party knew about the law or regulation they violated.Environmental criminal liability is triggered through some level of intent.
As a result of this distinction, most of the environmental crimes that EPA investigates involve "knowing violations" of the law. These are classified as felonies in all the federal environmental statutes except for the toxic substances and pesticide statutes.
In a "knowing violation" the person or company is aware of the facts that create the violation. A conscious and informed action brought about the violation. In contrast, a civil violation may be caused by an accident or mistake.
Examples of “knowing violations” include an intentional decision to dispose or dump pollutants into a river without a permit, or to not install a required air pollution control device.
Burden of Proof
To be found civilly liable for violating environmental laws the standard of proof is based upon "the preponderance of the evidence." This means that the evidence presented is convincing and more likely to be true than not true. Effectively, the standard is satisfied if there is a greater than 50 percent chance that the evidence is true.
The defendant in a civil suit can either be found liable, following a trial, or reach a mutually agreed-upon settlement with the government. The defendant is then required to meet all of the terms of the settlement, but does not have to acknowledge that he violated the law.
Criminal guilt must be established "beyond a reasonable doubt." This is a higher or stricter standard than the civil liability standard. When a criminal defendant pleads guilty or is convicted by a jury, there is no question of legal wrongdoing. He has legally committed the crime.
Results
In criminal prosecutions, a person can be sentenced to prison. It is the possibility of imprisonment that most distinguishes criminal law from civil law.
If a civil defendant is found liable or agrees to a settlement, the result can be:
- a monetary penaltyinjunctive relief (actions required to correct the
violation and come into compliance, e.g., install pollution control equipment), and/oradditional actions taken to improve the environment
If a criminal defendant is convicted or pleads guilty, the result can be:
- a monetary fine paid to the U.S. Treasury, and / orrestitution (reimbursing the government for the cost of cleanup or response, compensating for the harm caused by the violation, e.g., paying for medical testing for people exposed to asbestos)
incarceration
Cleanup enforcement gets property cleaned up by:
- finding the companies or persons responsible for the contaminationnegotiating with them to perform the clean up themselves, orordering them to perform the clean up, orto have them pay for the clean up performed by another party or EPA.
Federal facilities enforcement ensures federal facilities comply with environmental regulations and statutes.
Types of Enforcement Actions
Civil Administrative Actions are non-judicial enforcement actions taken by EPA or a state under its own authority. These actions do not involve a judicial court process. An administrative action by EPA or a state agency may be in the form of:
- a notice of violation or a Superfund notice letter, oran order (either with or without penalties) directing an individual, a business, or other entity to take action
to come into compliance, or to clean up a site.
Civil Judicial Actions are formal lawsuits. They are filed in court, against persons or entities that have failed to:
- comply with statutory or regulatory requirements,comply with an administrative order,pay EPA the costs for cleaning up a Superfund site or commit to doing the cleanup work.
These cases are filed by the U.S. Department of Justice on behalf of EPA. In civil cases they are typically filed by the State's Attorneys General on behalf of the states. Learn more about Civil Cases and Settlement.
Criminal Actions can occur when EPA or a state enforce against a company or person through a criminal action. Criminal actions are usually reserved for the most serious violations, those that are willful, or knowingly committed. A court conviction can result in fines or imprisonment.
Types of Enforcement Results
Civil Enforcement
- Settlements are generally agreed-upon resolutions to an enforcement case.
- Settlements in administrative actions are often in the form of consent agreements/final orders (CA/FOs) or administrative orders on consent (AOCs).Settlements in judicial actions are in the form of consent decrees signed by all parties to the action and filed in the appropriate court.
Criminal Enforcement
- Criminal
Penalties are federal, state or local fines imposed by a Judge the sentencing. In addition to criminal penalties, the defendant may be ordered to pay restitution to those affected by the violation. For example, a defendant may be ordered to pay a local fire department the cost of responding to and containing a hazardous waste spill.Incarceration refers to “prison time” for an individual defendant.
Enforcement Reports and Data
- Annual Enforcement Results, for the previous fiscal year, are published yearly to show the results of EPA's enforcement activities.Enforcement and Compliance Data is the information
that EPA uses to manage and assess performance of its enforcement and compliance assurance program. This information is stored in several national data systems. These systems support specific environmental statutes. In general, EPA regions and states input data into the systems.
What is the subject of the Computer Security Act quizlet?
What is the subject of the Computer Security Act? Individuals with authorization and privileges to manage information within the organization are most likely to cause harm or damage by accident. Key studies reveal that legal penalties are the overriding factor in leveling ethical perceptions within a small population.Is the right of the individual or group to protect themselves and their information from unauthorized access?
In the context of information security, confidentiality is the right of individuals or groups to protect themselves and their information from unauthorized access.Which of the following acts is also widely known as the Gramm Leach Bliley Act?
The Gramm-Leach-Bliley Act (GLB Act or GLBA), also known as the Financial Modernization Act of 1999, is a federal law enacted in the United States to control the ways financial institutions giảm giá with the private information of individuals.Are rules that mandate or prohibit certain behavior and are enforced by the government?
Laws are rules that mandate or prohibit certain behavior in society; they are drawn from ethics, which define socially acceptable behaviors. The key difference between laws and ethics is that laws carry the sanctions of a governing authority and ethics do not. Tải thêm tài liệu liên quan đến nội dung bài viết Civil law addresses activities and conduct harmful to society and is actively enforced by the state.