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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

USEPA?s 2010 Budget

Posted on May 13, 2009
On May 12, 2009, Lisa P. Jackson, USEPA?s Administrator, appeared before the United States Senate?s Environment and Public Works Committee?s Hearing on EPA?s 2010 Budget Proposal. As to civil and criminal enforcement, Ms. Jackson is seeking an increase of $32,000,000...

W. R. Grace and The Executives Not-Guilty

Posted on May 11, 2009
On Friday, May 8, 2009, after about 36 hours of deliberations, the jury found W.R. Grace and the remaining executives not guilty on all counts. The verdict came after an eleven (11) week trial. The USDOJ had no comment and...

It Pays to Do Business in Texas?

Posted on May 07, 2009
I was sitting at my desk yesterday when at about 3:30 p.m. I get this email from the Texas Commission on Environmental Quality: ?The Texas Commission on Environmental Quality today approved penalties totaling $675,105 against 76 regulated entities for violations...

Is a Picture Really Worth a Thousand Words?

Posted on May 06, 2009
A Guest Post from Elizabeth Schell . . . In this age of digital communication this often seems to be the case. Research supports the contention that visual communication can be more powerful than verbal communication. This can also be...

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You May Be a Criminal and Not Even Know It

Posted on May 05, 2009
Ever flushed the last of a prescription down the toilet? How about an out-of-date prescription? Ever throw them out in the trash? Until recently, federal guidelines recommended that these drugs be flushed down the toilet. That is just plain, flat...

A Wake Up Call for the USDOJ?

Posted on April 30, 2009
On April 28, 2009, Judge Malloy issued his order denying the motion to dismiss the indictment for prosecutorial misconduct. You can view the order here Judge Molloy?s order. There is one passage I found particularly interesting. Judge Malloy states: The...

Atlantic States Sentencing Continues

Posted on April 27, 2009
Atlantic States Cast Iron Pipe Co. was fined $8,000,000.00 on Friday, April 24, 2009, stemming from its conviction on a number of environmental and worker safety charges. More later. As always, feel free to contact me via e-mail at walter.james@jamespllc...

Good Old-Fashioned Crime

Posted on April 25, 2009
The USDOJ also likes to add some of the ?good-old-fashion-crime? to any indictment. In addition to being able to argue its typical ?crimes against nature,? the government also likes to talk about ?good-old-fashion-crime.? What is ?good-old-fashion-crime? (in addition to environmental...

Atlantic States Sentencing Continues

Posted on April 24, 2009
Craig Davidson, 44, of Nazareth, Pennsylvania, a former manager at the Atlantic States Cast Iron Pipe Co.?s Philipsburg facility was sentenced yesterday to six (6) months in prison. Again, no fine was imposed. Maury will surrender to the Bureau of...

Another Clean Water Act Sentencing

Posted on April 23, 2009
Yesterday, April 22, 2009, Michael Panyard, the former general manager of Comprehensive Environmental Solutions Inc. in Dearborn, Mich., was sentenced to fifteen (15) months in prison, two years of supervised release and was ordered to participate in a comprehensive drug...

Atlantic States Sentencing Continues

Posted on April 22, 2009
Jeff Maury, 41, of Phillipsburg, New Jersey, the former maintenance superintendent at the Atlantic States Cast Iron Pipe Co.?s Philipsburg facility was sentenced today to thirty (30) months in prison. Again, no fine was imposed. Maury will surrender to the...

Atlantic States Sentencing Begins

Posted on April 21, 2009
The USDOJ issued a press release yesterday regarding the sentencing schedule in the Atlantic States case. On Monday, April 20, 2009, John Prisque, the former plant manager of the Atlantic States Cast Iron Pipe Co. at Phillipsburg (a division of...

Atlantic States Sentencing Continues

Posted on April 21, 2009
Scott Faubert, 45, of Easton, Pennsylvania, the former human resources manager at the Atlantic States Cast Iron Pipe Co.?s Philipsburg facility was sentenced today to forty-one (41) months in prison. Again, no fine was imposed. Faubert will surrender to the...

Again, In My Own Backyard . . .

Posted on April 17, 2009
On April 16, 2009, Texas Oil and Gathering Inc. and two of its executives pleaded guilty to illegally dumping refinery wastes at an underground injection well. The investigation began because of an explosion at the well which killed three workers....

W.R. Grace Trial, cont.

Posted on March 28, 2009
Yes, the world keeps revolving and the Grace trial continues. I have not posted on the Grace trial the last two weeks; rather, I have been following it on the University of Montana blog http://blog.umt.edu/gracecase/. I have said it before;...

Civil or Criminal: You Do Not Get To Choose?

Posted on March 27, 2009
I often get the question: ?How do the regulators decide to pursue a case in the criminal process rather than the civil process?? My stock answer is typically: ?It depends on who gets to your door first.? There is actually...

Who Are the Prosecutors?

Posted on March 26, 2009
Who typically prosecutes an environmental crime? The answer is, like so many in the law, it depends. Years ago, all environmental criminal prosecutions were coordinated and prosecuted out of the DOJ?s Environmental Crimes Section. That requirement has been loosened significantly...

A Kinder and Gentler Federal Government?

Posted on March 20, 2009
On March 19, 2009, United States Attorney General Eric Holder issued memorandum directing an application of a presumption of openness when responding to Freedom of Information Act requests. The memorandum directs the heads of the executive branch departments and agencies...

The Fugitive List ? It Does Work

Posted on March 15, 2009
I never thought it would work, but, I guess it does. The USEPA?s most-wanted list is now four fewer. According to published reports last week, one fugitive on the ten-most-wanted list, Bhavesh H. Kamdar, surrendered to authorities last month. Two...

BP Plea Deal Approved

Posted on March 13, 2009
The W.R. Grace trial is not the only prosecution going on . . .. On Thursday, March 12, 2009, United States District Court Judge Lee Rosenthal approved the plea agreement with BP. The agreement ended the criminal case and imposed...

W. R. Grace Trial cont.

Posted on March 10, 2009
A sick juror derailed any testimony on Monday. The juror went to the doctor and the doctor is to report on the health of the juror to the judge. Although no trial testimony, there was a lively discussion among counsel...

The W.R. Grace Trial

Posted on March 05, 2009

W. R. Grace Trial cont.

Posted on March 04, 2009

W.R. Grace and the Crime Victims? Rights Act

Posted on March 03, 2009

W.R. Grace Trial cont.

Posted on February 26, 2009
On Tuesday, February 24, 2009, (day two of the trial), the prosecutors called the government?s first witnesses and the objections flew fast and furious. By objecting, Barbara Harding, one of the Grace lawyers, is trying to maintain a narrow time...

W.R. Grace Goes to Trial

Posted on February 24, 2009
On February 23, 2009, the W.R. Grace trial began in Missoula, Montana. During opening statements, Kris McLean, the federal prosecutor, told the jurors Grace knew for years that its mining operation exposed residents of Libby, Montana, to asbestos and that...

Is A Shut-Down Order The New Hammer?

Posted on February 24, 2009
On February 6, 2009, the USEPA, in coordination with the LDEQ, ordered Global Environmental Methods LLC to cease all operations at its waste oil and industrial process waste management and treatment facility in New Iberia, Louisiana. The order entered as...

An Interesting Twist . . .

Posted on February 16, 2009
Review the case and history of United States v. McKittrick, 142, F3rd 1170 (9th Cir. 1998). Or, better yet, read Ed Newcomer and Marie Palladini?s article in the ABA SEER EECC?s newsletter on the Endangered Species Act. http://www.abanet.org/environ/committees/environcrimes/newsletter/jan09/EECC_Jan09...

What is the Status?

Posted on February 06, 2009
Lisa P. Jackson has been approved by the senate as the USEPA Administrator. Eric Holder has been approved as the Attorney General. So, why has not enforcement picked up? All I can do is counsel patience for those who will...

A New Sheriff in Town?

Posted on January 21, 2009
On January 5, 2009, Granta Nakayama introduced Adam Kushner as the USEPA?s new Director of the Office of Civil Enforcement (?OCE?) (effective January 11, 2009). Kushner was previously the Director of the Air Enforcement Division of OCE and oversaw the...

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