The increasing use of civil monetary penalties as an enforcement device in environmental legislation has presented the problem of assessing the appropriate amount to be imposed in individual cases. Under many penalty statutes, this task is delegated to the courts with no assessment guidance provided for other than a maximum penalty figure. The author examines the evidentiary burden of proof problems raised by such statutes in the water quality control area, with a focus on California Water Code section 13385, the state counterpart to the federal Clean Water Act civil penalty provision, 33 U.S.C. § 1319(d).
Diane Price Taylor,
Assessment of Civil Monetary Penalties for Water Pollution: A Proposal for Shifting the Burden of Proof Regarding Damages,
30 Hastings L.J. 651
Available at: https://repository.uchastings.edu/hastings_law_journal/vol30/iss3/6