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Environmental Law

Environmental Crimes Blog

All about environmental crimes and enforcement, from pre-trial to trial strategy.

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Last Entry: March 31, 2011 at 12:35:06

The Cosco Busan

Posted on July 29, 2008
On July 23, 2008, a federal grand jury in San Francisco returned a second superseding indictment charging Fleet Management Limited with negligently causing the discharge of 50,000 gallons of oil from the Cosco Busan and falsifying documents after the crash...

MARPOL Annex VI

Posted on July 23, 2008
On July 21, 2008, President Bush signed the Maritime Pollution Protection Act of 2008 (?MPPA?). President Bush's signature on the MPPA brings into statute form Annex VI to the International Convention on the Prevention of Pollution from Ships (known as...

Silent Thunder

Posted on July 21, 2008
Silent Thunder is billed as an ?eco-thriller.? It does not disappoint. It is a novel written by the bestselling mother/son writing team of Iris and Roy Johansen. The novel follows the exploits of Hannah Bryson as she works to prepare...

BP and the Crime Victims? Rights Act

Posted on July 19, 2008
United States District Court Judge Lee Rosenthal will examine medical bills and lost wages of people who died or were hurt in the 2005 explosion at BP's Texas City refinery to determine whether a $50,000,000.00 fine to resolve criminal liability...

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What is the Crime Victims? Rights Act?

Posted on July 14, 2008
The Justice for All Act was signed into law by President George W. Bush on October 30, 2004. The Act contained four major sections related to crime victims and the criminal justice process. Some purposes of the Act are to...

Concerned Canadians Help Trap Lobster Poachers

Posted on June 27, 2008
Lobster enforcement takes place in Canada as well as the United States. The Calgary Canada Globe and Mail reported on May 28, 2008 that the Canadian Department of Fisheries and Oceans seized over 5,300 under sized lobster near the town...

No Silver Lining for Former Fujicolor Employee

Posted on June 26, 2008
The Dallas Morning News reported on June 2, 2008, that Gerald Lakota, a former environmental compliance employee at the Fujicolor facility in Terrell, Texas, plead guilty to federal charges of falsifying water sample reports in an effort to hide the....

Guest Post - Passive Smoke Equals Active Pollution

Posted on June 07, 2008
This is a guest post from Heather Johnson, a freelance writer. Crime and punishment go hand in hand, well, if the criminal is brought to book and convicted in a trial. But there are crimes that are often ignored, let...

Reporting Environmental Crimes

Posted on May 20, 2008
I periodically get inquiries from the blog scanners to the effect such as ?How do I report an environmental crime?? The easiest way to do it is to get on line at the USEPA?s website at http://www.epa.gov/tips/ and fill out...

The USEPA?s Mission in Photographs

Posted on April 23, 2008
The United States Environmental Protection Agency invited the public to share its best photos showing the USEPA?s mission to protect human health and the environment. Hundreds responded, sending in nearly 750 photos. Entries depicted scenes from around the world, including...

False Statements Lead to Additional Charges

Posted on April 23, 2008
On April 22, 2008, a federal grand jury in San Francisco returned an indictment charging John Joseph Cota, a ship pilot licensed by the United States Coast Guard and the State of California, with making false statements in 2006 and...

The Migratory Bird Treaty Act

Posted on March 18, 2008
The Migratory Bird Treaty Act is general described as a strict liability crime (in laymen?s terms you do not need to prove that you intended to do the thing prohibited) and provides: "Unless and except as permitted by regulations made...

Professional Golfer Charged for Killing Migratory Bird with Golf Shot

Posted on March 06, 2008
From the wire services, PGA tour golfer John Henry (?Tripp?) Isenhour III was charged today in Orlando with killing a protected migratory hawk with a golf shot. It occurred in December 2007 when Isenhour was filming a video segment for...

Crimes and Hawksbill Turtles

Posted on February 29, 2008
On February 19, 2008, Wang Hong, a Chinese national, was sentenced in Denver, Colorado, to 167 days in prison and three years of supervised release after. On January 3, 2008, Wang had pleaded guilty to federal smuggling charges in connection...

This is Just Incredible!!!!

Posted on February 18, 2008
I had the great honor of representing a young woman before the grand jury on a matter in which her father and the family dairy farm were being investigated for environmental criminal activity. During these proceedings, the neighbor of the...

A Response, Of Sorts (thanks for commenting DaisyGirl)

Posted on February 12, 2008
Below is a comment that I received on one of my blog posts. I am re-posting it here, uncut and uneditted (except for correcting a few typos), as a part of the blog to give it some of the space...

Another Lacey Act Case

Posted on January 22, 2008
Contrary to, it seems, popular belief, the government prosecutes more than just Act to Prevent Pollution from Ships cases. On January 14, 2008, David S. Wong, a resident of Elk Grove Village, Ill., pleaded guilty in United States District Court...

More APPS

Posted on January 21, 2008
On January 10, 2008, Mark Humphries, the former chief engineer of the M/V Tanabata, was sentenced to six months in prison for conspiracy to make illegal discharges of oily waste and lying to the Coast Guard. The M/V Tanabata is...

Migratory Bird Treat Act Conviction

Posted on January 04, 2008
My apologies . . . work has goten in the way of blogging . . .. On January 3, 2007, the United States Department of Justice announced that Lyle Ravenkamp of Hugo, Colorado, pleaded guilty to a misdemeanor violation of...

A Call to Action

Posted on December 22, 2007
The following is a guest post from Gary Winston, Assistant State Attorney, Office of the State Attorney, Environmental Crime Unit, Miami, Florida. In 1993, at the urging of an aggressive, creative prosecutor, the (then) Dade County State Attorney?s Office created...

A $20,000,000.00 Penalty

Posted on December 04, 2007
On November 29, 2007, British Petroleum Exploration (Alaska), Inc., (?BPXA?) pleaded guilty to a one count information alleging a criminal violation of the Clean Water Act for spilling 200,000 gallons of crude oil from a pipeline onto the tundra and....

THANKS and Recognition!!!

Posted on November 26, 2007
On November 15, 2007, I was notified that this blog was selected by LexisNexis to be listed in the ?Top Blogs? section of its recently released LexisNexis Environmental Law and Climate Change Center. You can get to the web site...

Again with the Responsible Corporate Officer Doctrine

Posted on November 07, 2007
Sorry for the length of time between posts - real life got in the way - I have been traveling and been in trial. Now I am back!!! How is it that a person sitting in an office in New...

More APPS Convictions

Posted on October 17, 2007
On October 16, 2007, Mark Humphries, the chief engineer of the M/V Tanabata, was found guilty of: 1) conspiring to violate four different laws (making illegal discharges of oil-contaminated bilge waste, in violation of the Act to Prevent Pollution from...

Oil Rigs and Environmental Crimes

Posted on October 10, 2007
On October 9, 2007, in the United States District Court for the Eastern District of Texas, Beaumont Division, Rowan Companies, Inc. pled guilty to three felonies under the Clean Water Act in connection with the routine discharge of pollutants and...

Fewer Cases Being Investigated and Prosecuted

Posted on October 01, 2007
Criminal prosecutions are down. http://www.stltoday.com/stltoday/news/stories.nsf/nation/story/5CE8C09824FE8F87862573670006FA06?OpenDocument This story ran yesterday in a lot of newspapers. Now, the USEPA and the DOJ claim that they are getting more "quality" prosecutions...

Anatomy of an Act to Prevent Pollution from Ships Criminal Charge

Posted on September 27, 2007
In the last year, there have been a number of prosecutions under the Act to Prevent Pollution from Ships (?APPS?). What is the legal standard at play here? The statutory authority is set out at Title 33 of the United...

Clean Air Act Initiatives

Posted on September 19, 2007
Last week I reported that one of the DOJ?s priorities was going to be a continued focus on Clean Air Act cases. That, coupled with the fact that the DOJ has about eighty (80) percent of the refinery capacity under...

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