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https://www.epa.gov/cwa-404/clean-water-act-section-309-federal-enforcement-authority
If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $100,000 per day of violation, or by imprisonment of not more than 6 years, or by both. (3) Knowing endangerment. (A) General rule. Any person who knowingly violates section 301 ...
https://www.fdalawblog.com/2012/03/articles/enforcement-actions/the-uncomfortable-resurgence-of-the-responsible-corporate-officer-doctrine/
Some environmental statutes, such as the Clean Air Act and Clean Water Act, expressly provide that "responsible corporate officers" are among the "persons" who can be prosecuted for any violations. See 33 U.S.C. Section 1319 (c) (6) (1987 Clean Water Act). The rationale for the doctrine is straightforward.
https://www.epa.gov/laws-regulations/summary-clean-water-act
The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was significantly reorganized and expanded in 1972. "Clean …
https://www.slc.ca.gov/wp-content/uploads/2018/07/2016PF-Prevention-Responsible.pdf
The Responsible Corporate Officer Doctrine. The Responsible Corporate Officer Doctrine. Joseph A. Walsh II Matthew T. Drenan Characteristics of Defensible Cor porate Environmental Compliance Programs. 1 Prevention First 2016. – Holds corporate officers in positions of authority personally liablefor corporate violations of public welfare statutes – Primarily applied …
https://www.jdsupra.com/legalnews/the-responsible-corporate-officer-20983/
Rather, the argument continues, the Park doctrine is a strict liability offense based on the corporate officer’s position of authority and …
https://www.venable.com/insights/publications/1999/04/environmental-crimes-bulletin-the-latest-on-the-r
Under the [Clean Water Act], a person is a ‘responsible corporate officer' if the person has authority to exercise control over the corporation's activity that is causing the discharges. There is no requirement that the officer in fact exercise such authority or that the corporation expressly vest a duty in the officer to oversee the activity.
https://www.oklahoman.com/story/business/local/2014/08/17/what-you-need-to-know-about-the-responsible-corporate-officer-doctrine/60805392007/
What you need to know about the responsible corporate officer doctrine. The responsible corporate officer doctrine imposes strict liability on corporate officers based solely on their area of responsibility within the corporation, regardless of their knowledge of the underlying criminal activity or their participation in it. Anyone involved in an industry that …
https://www.cga.ct.gov/PS99/rpt/olr/htm/99-R-0836.htm
However, under a recent line of case law, corporate officers have been held personally liable in certain instances where they controlled the relevant decision-making and facilitated a violation of an environmental law (known as the “responsible corporate officer” doctrine). The state Clean Water Act (CWA) appears to contemplate such liability.
https://www.americanbar.org/groups/litigation/committees/environmental-energy/articles/2016/winter2016-the-responsible-corporate-officer-killed-the-llc/
In the 1940s, the U.S. Supreme Court determined that for certain violations of laws that protect the public welfare, a “responsible corporate officer” (RCO) could be held individually liable for the actions of a corporation. This RCO doctrine applies even if the officer was unaware of the offending action or did not partake in it.
https://www.icemiller.com/MediaLibraries/icemiller.com/IceMiller/PowerPoints/Responsible_Corporate_Officer_Webinar_PowerPoint.pdf
Developed by state and federal common law, the Responsible Corporate Official (RCO) Doctrine imposes personal liability upon corporate officials even when: • The RCO did not personally participate in the violation • The corporate veil cannot be pierced • Applicable statutes do not impose personal liability
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