Pa.'s New Era Of Strict Enviro Criminal Liability

Law360, New York (November 6, 2013, 2:59 PM EST) -- Pennsylvania Attorney General Kathleen Kane’s recent actions concerning the application of strict liability criminal offenses under Pennsylvania’s environmental laws present a new challenge for the oil and gas industry in Pennsylvania. Kane has recently applied the strict criminal liability provisions of the Solid Waste Management Act (SWMA) in the prosecution of an oil and gas operator, and there are similar provisions imposing strict criminal liability in other Pennsylvania environmental laws, including the Clean Streams Law and Air Pollution Control Act.

The attorney general’s willingness to criminally...
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