Which one of the following statements most nearly typifies the attitudes of federal courts of appeals with respect to prosecutions under the Federal Water Pollution Control Act of 1972 (Clean Water Act)?
a. Lower courts must dismiss prosecutions and relegate enforcement to civil means.
b. Courts hold responsible a corporate officer of a company violating provisions of the Act, but only where the evidence clearly discloses a willful violation by that officer.
c. Courts should construe broadly the penal provisions of the Act and hold responsible a corporate officer or one who is in a supervisory role who is aware of “conscious wrongdoing” under the Act.
d. Courts must narrowly construe the Act’s provisions and limit criminal prosecutions to the president or chief executive officer of a corporation.
Answer: C
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