caa a22 4500 445805595 CHVBK 20180317145155.0 cr unu---uuuuu 170323e20110801xx s 000 0 eng 10.1007/s10611-011-9308-3 doi (NATIONALLICENCE)springer-10.1007/s10611-011-9308-3 Franz Andrew University of Pittsburgh, Greensburg, PA, USA aut Crimes against water: non-enforcement of state water pollution laws [Elektronische Daten] [Andrew Franz] In the United States water pollution is a serious problem criminalized not only by the federal government, but by all states. These laws vary greatly in content, but are widely disobeyed and universally under-enforced. Statutes, case law, histories and journalism show "law in action” typologies of non-enforcement efficacious for analysis including: (1) jurisdiction issues like federal pre-emption, inter-state compacts, and constitutional limitations; (2) legislative issues such as failure to legislate, or legislating ineffectively; (3) agency issues, including administrative obstacles, delegation, power vacuums, procedure, and "agency capture”; (4) policing issues like apathy, under-funding/training, jurisdictional confusion, and "following the path of least resistance”; (5) prosecutorial issues, including isolation, intimidation, and ideological priority bias; (6) trial and appellate court issues, including unclear culpability, erroneous holdings, bias, and lack of judicial independence; and (7) citizen, victim, and defendant issues, including legal intellectual influence, environmentalist criminalization apathy, industry lobbying, environmental justice, reporting failures, self-policing, ethics and flight. The conclusion is non-enforcement in this area of criminal law shows that while federally there may exist a relatively consistent, content neutral enforcement system, at the state level resistance to enforcement is seen across a number of fronts. Ultimately, states can be seens as colonized frontiers servicing venture capitalism, consistent with a "race to the bottom.” Springer Science+Business Media B.V., 2011 Crime, Law and Social Change Springer Netherlands 56/1(2011-08-01), 27-51 0925-4994 56:1<27 2011 56 10611 https://doi.org/10.1007/s10611-011-9308-3 text/html Onlinezugriff via DOI 1 research-article jats NATIONALLICENCE 856 40 https://doi.org/10.1007/s10611-011-9308-3 text/html Onlinezugriff via DOI NATIONALLICENCE 100 1- Franz Andrew University of Pittsburgh, Greensburg, PA, USA aut NATIONALLICENCE 773 0- Crime, Law and Social Change Springer Netherlands 56/1(2011-08-01), 27-51 0925-4994 56:1<27 2011 56 10611 Metadata rights reserved Springer special CC-BY-NC licence nationallicence BK010053 XK010053 XK010000 NATIONALLICENCE NATIONALLICENCE NL-springer