A new enforcement era: Individual liability under environmental statutes

This paper examines the applicability of environmental criminal sanctions to individuals engaged in the handling of hazardous substances in the photovoltaics industry. The paper begins with an overview of recent governmental enforcement action which is followed by an analysis and discussion of recent court decisions imposing liability on corporate employees and officers. The paper then examines the enforcement mechanism of the major environmental statues and concludes with an outline of a corporate program to minimize exposure to governmental enforcement actions.