Do the Right Thing: Avoiding Criminal Liability While Improving Environmental Compliance, 1995 Environmental Conference Proceedings
Richard A. Horder
Elizabeth P. Cowie
Kilpatrick & Cody
Increasingly, federal and state governments are seeking to impose steep criminal fines and prison terms on individuals and companies for violations of environmental laws. Regular voluntary audits of a company’s facilities are an important step in improving practices and conditions and staying on the right side of the law. However, the benefit of self-audits is not without risk. Self-audits often reveal violations that must be reported to the government, and put companies on notice of environmental violations. Therefore, such audits may become a "road map" to criminal liability for companies and their employees. By taking certain measures in conducting audits and responding to violations they identify, companies and their employees "do the right thing" to protect against criminal liability, while still keeping a vigilant eye on compliance.