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View Diary: Prop 8 is dead, but not for the reason you'd want. (140 comments)

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  •  That's another can of worms (2+ / 0-)
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    Odysseus, Tonedevil

    Another example, and let's make it a hypothetical law passed by voter initiative just for fun:  

    Let's say that I really want to crack down on malicious or reckless polluters, and I sponsor, and am successful in getting a law passed in California, by initiative, that imposes mandatory fines on polluters, including a fine equal to or greater than the full cost of cleaning up and remediating the damage caused by their pollution, plus an additional fine in the amount of 1,000 times the gross revenue of the company, with the shareholders/owners of the company being individually liable for all of these penalties in the event the company can't or won't pay up.

    And let's further say that the governor and AG think the penalties in my voter-passed initiative are too draconian.  They don't refuse to enforce the law per se, but when they do go after polluters, they impose only small fines that are not even close to the cost of cleanup and remediation, let alone the full range of penalties provided for in my voter-passed initiative.  Also, the governor and AG never try to collect from individual shareholders/owners when the company refuses to pay.  And, in my view, they don't prosecute nearly as many polluters as they should.

    Should I, as the sponsor of that voter-passed initiative, have the ability to step in and seek a court order requiring the state to go after each and every polluter, and impose the maximum penalties on those polluters, and collect from individual shareholders/owners when necessary?

    Please help to fight hunger with a donation to Feeding America.

    by MJB on Wed Jun 26, 2013 at 10:54:18 AM PDT

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