The environmental sentencing guidelines for business organizations: are there murky waters in their future?

Article Abstract:

The Advisory Work Group (AWG) proposals for environmental sentencing guidelines for organizations represent a substantial departure from the procedure established in previous organizational sentencing guidelines. The main differences include method of calculating fines, credit for compliance programs, the 'collar' provision for mitigating circumstances, and the 'count stacking' provision for multiple violations. The AWG draft guidelines were not adopted by the Sentencing Commission, but may influence future proposals. A dissent was also issued by two members of the AWG.

Standards, Sentences (Criminal procedure), Criminal liability of juristic persons, Juristic persons criminal liability

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Should environmental monetary sanctions be tax deductible?

Article Abstract:

Allowing monetary sanctions for certain violations of environmental law to be tax-deductible could be sound from an environmental policy perspective. Although the tax and environmental laws are complex with regard to sanctions, judges and attorneys may have some latitude in structuring environmental sentences and settlements so that at least some of the money would go to provide restitution to victims and remediation of the environment.

Planning, Taxation, Tax deductions, Sanctions (Law)

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NRD trustees: to what extend are they truly trustees?

Article Abstract:

An argument that courts should hold executive branch natural resources damages trustees to an enforceable fiduciary duty rather than just granting them traditional agency deference is given.

Environmental aspects, Fiduciary duties

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