Criminal Enforcement of State Environmental Laws: The Ohio Solution
![handle is hein.journals/helr14 and id is 223 raw text is: CRIMINAL ENFORCEMENT OF STATE
ENVIRONMENTAL LAWS: THE OHIO SOLUTION
ANTHONY J. CELEBREZZE, JR., ATTORNEY GENERAL OF THE STATE OF
OHIO*
E. Dennis Muchnicki**
J. Michael Maroust
Mary Kay Jenkins-Smith*
INTRODUCTION
[H]azardous wastes ... typically have no value, yet can
only be safely disposed of at considerable cost. Millions of tons
of hazardous substances are literally dumped on the ground
each year; a good deal of these can blind, cripple or kill ....
There can be little question that RCRA's [Resource Conser-
vation and Recovery Act] purposes touch phases of the lives
and health of people which, in the circumstances of modern
industrialism, are largely beyond self-protection.1
A 1984 poll asked 60,000 people to rate the severity of partic-
ular crimes. Environmental crime ranked ahead of heroin smug-
* B.S., U.S. Naval Academy 1963; M.S., George Washington University 1966; J.D.,
Cleveland State University Law School 1973. Mr. Celebrezze was elected attorney general
in 1982 and re-elected in 1986.
** B.A., American University 1971; J.D., George Washington University, National
Law Center 1974. Mr. Muchnicki has been an assistant attorney general in the Environ-
mental Enforcement Section of the Ohio Attorney General's Office since 1974. He became
chief of the Environmental Enforcement Section in January 1983.
The authors wish to acknowledge the contribution of William J. Strauch, special
agent supervisor for the Ohio Attorney General's Bureau of Criminal Identification and
Investigation, Environmental Enforcement Unit.
t B.A., Ohio Wesleyan University 1976; J.D., Case Western Reserve University
1979. Mr. Marous has been an assistant attorney general of Ohio for the past six years. He
has been the supervisor for environmental criminal prosecutions since June 1988.
t B.A., University of Akron 1978; J.D., University of Akron School of Law 1981.
Ms. Jenkins-Smith has been an assistant attorney general in the Environmental Enforcement
Section from 1982 to 1985 and from 1989 to the present.
1. United States v. Hoflin, 880 F.2d 1033, 1038 (9th Cir. 1989) (citing H. R. REP.
No. 1491, 94th Cong., 2d Sess. 5, reprinted in 1976 U.S. CODE CONG. & ADMIN. NEWS
6238, 6241, 6249).](ViewImageLocal?handle=hein.journals/helr14&div=12&collection=&method=preview&ext=.png&size=3)
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Criminal Enforcement of State Environmental Laws: The Ohio Solution
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