What is a key factor in assessing penalties for environmental noncompliance?

A key factor in assessing penalties for environmental noncompliance is the recovery of economic benefits for noncompliance. This concept emphasizes that organizations or individuals that have gained financially from violating environmental regulations should be penalized not only for the act itself but also for the economic advantage they obtained.

The rationale behind this is to eliminate any incentive for noncompliance. If a violator has made a profit by ignoring regulations, it's crucial for regulators to ensure that these economic benefits are not retained. This approach serves both a punitive and a deterrent function, discouraging future violations by making clear that violating environmental laws will not be economically advantageous.

In terms of context, factors like consistency across penalties, severity of the violation, and the length of time for compliance, while important in situations dealing with noncompliance, do not directly address the necessity of ensuring that violators do not profit from their actions. Thus, recovery of economic benefits stands out as a critical focal point in determining appropriate penalties for noncompliance.