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https://www.fdalawblog.com/2012/03/articles/enforcement-actions/the-uncomfortable-resurgence-of-the-responsible-corporate-officer-doctrine/#:~:text=Some%20environmental%20statutes%2C%20such%20as%20the%20Clean%20Air,Act%29.%20The%20rationale%20for%20the%20doctrine%20is%20straightforward.
https://www.epa.gov/cwa-404/clean-water-act-section-309-federal-enforcement-authority
Text of Clean Water Act Section 309 Enforcement; State enforcement of compliance orders, civil actions, criminal penalties, and factors considered in determining amount ... Responsible corporate officer as "person" For the purpose of this subsection, the term "person" means, in addition to the definition contained in section 502(5) of this ...
https://www.slc.ca.gov/wp-content/uploads/2018/07/2016PF-Prevention-Responsible.pdf
The Responsible Corporate Officer Doctrine. Joseph A. Walsh II Matthew T. Drenan Characteristics of Defensible Cor porate Environmental Compliance Programs. 1 Prevention First 2016. – Holds corporate officers in positions of authority personally liablefor corporate violations of public welfare statutes – Primarily applied in conjunction with welfare public statutes …
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 …
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.
https://www.oklahoman.com/story/business/local/2014/08/17/what-you-need-to-know-about-the-responsible-corporate-officer-doctrine/60805392007/
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.
https://www.fdalawblog.com/2012/03/articles/enforcement-actions/the-uncomfortable-resurgence-of-the-responsible-corporate-officer-doctrine/
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.
https://www.wnj.com/publications/the-responsible-corporate-officer-doctrine-findi
The Responsible Corporate Officer Doctrine: Finding Executives Guilty of Crimes for What They Don’t Know. When most people think of criminal defendants, they envision a person who has intentionally broken the law. What many people don’t know, however, is that corporate officers can be subject to individual criminal prosecution in instances where they knew, or should have …
https://www.fdli.org/2018/11/the-responsible-corporate-officer-doctrine-protections-are-needed-despite-dojs-cautious-approach/
by John T. Bentivoglio, Jennifer L. Bragg, Maya P. Florence, and Sydney P. Sgambato. The responsible corporate officer (RCO) doctrine—which allows for criminal prosecution and imprisonment of an individual who was not personally involved in or aware of corporate misconduct—has been the subject of heated discussion in light of Food and Drug …
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 The RCO Doctrine icemiller.com
https://www.elr.info/sites/default/files/articles/23.10145.htm
Consistent with the applicable case law, Congress explicitly incorporated the category of responsible corporate officer into the definition of a "person" 42 in the penalty provisions of the Clean Water Act (CWA) in 1987 43 and the Clean Air Act (CAA) in 1977. 44 However, the legislative history of these amendments is sparse at best. The U.S. Senate Committee on …
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