Environmental Law and Policy/Governance
A Criminal Law Shield for Nature
Author
Ying Xie and Michael Faure
Author Bios (long)

Ying Xie is a Ph.D. student at the Faculty of Law of Maastricht University. Michael Faure is Emeritus Professor at the Faculty of Law of Maastricht University and at Erasmus School of Law of Erasmus University Rotterdam, and an Adjunct Professor at the Faculty of Law of Universitas Indonesia.

Date
October 2025
Volume
55
Issue
5
Page
10543
Type
Articles
Summary

Criminal law has been widely used around the world to protect nature, but how to structure it for optimal protection remains unclear. This Article proposes a framework for applying criminal liability to offenders who create a risk of harm or harm to nature. First, it offers three models for liability, including abstract endangering, actual endangering, and independent/autonomous crime. Second, criminal penalties applied should be effective, dissuasive, and proportionate, including fines and imprisonment as well as remedies that restore the original state of nature and prevent future damage. Third, when corporations commit crimes against natural resources, both the corporations and individuals involved should be subject to criminal liability. The Article finds features of the framework within international and regional instruments, such as (1) the Convention on International Trade in Endangered Species of Wild Fauna and Flora, (2) the Rome Statute, (3) the Conventions on the Protection of the Environment Through Criminal Law, and (4) the Environmental Crime Directives. However, several problems can impede enforcement of criminal nature conservation laws, including (1) limited capacity and knowledge of judicial authorities; (2) lack of deterrence/dissuasion of potential offenders; (3) poor enforcement at the national level; and (4) lack of international cooperation.

H.R. 3176
Update Type
Committee Name
Committee on Natural Resources
Committee Report
H. Rep. No. 119-291
Issue
11
Volume
55
Update Issue
27
Update Volume
55
Congress Number
119
Congressional Record Number
171 Cong. Rec. H4308

would amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to reauthorize the National Volcano Early Warning and Monitoring System.

H.R. 1045
Update Type
Committee Name
Committee on Natural Resources
Committee Report
H. Rep. No. 119-280
Issue
11
Volume
55
Update Issue
27
Update Volume
55
Congress Number
119
Congressional Record Number
171 Cong. Rec. H4308

would amend the Southwest Forest Health and Wildfire Prevention Act of 2004 to require the establishment of an additional Institute under the Act.

H.R. 5541
Update Type
Committee Name
Committees on Natural Resources, Agriculture, and Transportation and Infrastructure
Sponsor Name
Ansari
Sponsor Party Affiliation
D-Ariz.
Issue
11
Volume
55
Update Issue
27
Update Volume
55
Congress Number
119
Congressional Record Number
171 Cong. Rec. H4492

would amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to permanently authorize the Every Kid Outdoors program.

H.R. 5456
Update Type
Committee Name
Committee on Science, Space, and Technology
Sponsor Name
Bice
Sponsor Party Affiliation
R-Okla.
Issue
11
Volume
55
Update Issue
27
Update Volume
55
Congress Number
119
Congressional Record Number
171 Cong. Rec. H4453

would provide guidance for and investment in the upgrade and modernization of the NOAA Weather Radio All Hazards network.

H.R. 5419
Update Type
Committee Name
Committees on Natural Resources and Agriculture
Sponsor Name
Kean
Sponsor Party Affiliation
R-N.J.
Issue
11
Volume
55
Update Issue
27
Update Volume
55
Congress Number
119
Congressional Record Number
171 Cong. Rec. H4409

would direct the Secretary of the Interior and the Secretary of Agriculture to develop a plan for ensuring timely review of communications use authorizations.

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