Environmental Law

Mens Rea ? The Final Word?

By Walter James

The previous few posts have talked about the basis for the mens rea under the Resource Conservation and Recovery Act and how that mens rea is based upon an application of old ?public welfare? regulatory enforcement actions.  The upshot is that there is virtually no mens rea or a lesser mens rea for each element of the crime, even though a ?knowing? mens rea is statutorily required to impose criminal culpability.

The plea here is that in every case taken to trial and, if necessary up on appeal, the defense bar should be challenging the application of the ?public welfare? designation to the extent it is applied to the mens rea.  I applaud those involved in the Ionia Management amicus effort.  I would only ask that they look at and support a fresh look at the ?public welfare? mens rea aspect as well.

More later.

As always, feel free to call me or e-mail me with any questions at walter.james@jamespllc.com.

WDJiii

Full post as published by Environmental Crimes Blog on August 13, 2008 (boomark / email).