The use of criminal and civil penalties to protect the environment: a comparative study

Abstract:

Many civil and common law countries rely heavily on the use of civil and administrative penalties for environmental protection. The criminal law is generally reserved for serious cases where there is clear evidence of fault, i.e. moral blameworthiness. Although the United Kingdom has traditionally relied on criminal sanctions, civil and administrative penalties are increasingly used. This trend is likely to continue. The European Union, however, is currently giving serious consideration to the use of Europe-wide criminal penalties to ensure that European environmental legislation is implemented and enforced.