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Protecting Corporate Officials from Personal Liability for ...

    https://www.icemiller.com/MediaLibraries/icemiller.com/IceMiller/PowerPoints/Responsible_Corporate_Officer_Webinar_PowerPoint.pdf
    A responsible corporate official (RCO) is liable for a company’s violations if the RCO held a position of responsibility, had the ability and authority to prevent the violation, and failed to do so When the doctrine applies, the RCO is strictly and personally liable for both civil and criminal violations

What you need to know about the responsible corporate ...

    https://www.oklahoman.com/article/5241874/what-you-need-to-know-about-the-responsible-corporate-officer-doctrine
    Aug 17, 2014 · The Justice Department also has used the responsible corporate officer doctrine under the Clean Water Act and the Clean Air Act to prosecute executives for environmental crimes committed by their corporations. But prosecutions are not limited to industries regulated by the Food and Drug Administration or the Environmental Protection Agency.

Clean Water Act Section 309: Federal Enforcement Authority ...

    https://www.epa.gov/cwa-404/clean-water-act-section-309-federal-enforcement-authority
    Clean Water Act Section 309: Federal Enforcement Authority (a) State enforcement; compliance orders ... any responsible corporate officer. (7) Hazardous substance defined. For the purpose of this subsection, the term "hazardous substance" means (A) any substance designated pursuant to section 311(b)(2)(A) of this title, (B) any element ...

Responsible Corporate Officers and Section 113(C)(6) of ...

    http://law.bepress.com/cgi/viewcontent.cgi?article=1989&context=expresso
    Responsible Corporate Officer Provision The 1990 Amendments also added the “responsible corporate officer” provision t o its definition of “person” in subsection (c)(6). [FN 38] This provision mirrors an identical one that appeared in the Clean Water Act in the 1977 Amendments. [FN 39] What was true of …

The Uncomfortable Resurgence of the Responsible Corporate ...

    https://www.fdalawblog.com/2012/03/articles/enforcement-actions/the-uncomfortable-resurgence-of-the-responsible-corporate-officer-doctrine/
    Mar 28, 2012 · 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.

Environmental Crimes Bulletin - The Latest on the ...

    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.

Criminal Negligence and the Responsible Corporate Officer ...

    https://woodruffsawyer.com/do-notebook/criminal-negligence-corporate-officer-doctrine/
    Jul 11, 2017 · Other statutes that contain similar criminal negligence provisions include, but are not limited to, The Clean Water Act (CWA) and the The Federal Food Drug and Cosmetic Act (FDCA). What is surprising here is that Williams was not directly involved in the actual release of asbestos; a contractor he hired was the active party.

Hanousek Hong, and Hansen: Pushing the Envelope of the ...

    https://www.nacdl.org/getattachment/fba88c67-672d-4922-aeed-a389d0574de7/flcc.pdf
    negligently violating pretreatment requirements under the Clean Water Act.20 The government successfully prosecuted Hong on each count under the firesponsible corporate officerfl doctrine, which provides that fiall who had ‚a responsible share™ in the criminal conductfl can be held accountable for corporate violations of the law.21

Responsible Corporate Officer Doctrine: Strict Criminal ...

    https://www.kelleydrye.com/News-Events/Publications/Articles/Responsible-Corporate-Officer-Doctrine-Strict-Cr
    The Responsible Corporate Officer Doctrine makes certain regulatory crimes essentially strict liability offenses for corporate officers by not requiring a mens rea, or criminal intent, element as part of the offense. Originally, courts only applied the RCO doctrine where Congress was silent as to the intent standard, the regulation carried a light sentence, and the matter involved public health and safety.

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