Environmental Law

Who Are the Prosecutors?

By Walter James

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.  Now, an environmental crimes prosecution can be brought by the DOJ?s Environmental Crimes Section, the United States Attorneys? Offices, the USEPA?s Regional Criminal Enforcement Counsel, the State Attorney Generals? Offices and even local District Attorneys and local prosecutors.  (Thanks, Kris Dighe, for a very succinct slide and presentation on this topic).  

It does not have to be strictly a federal crime either.  Most all of the states have environmental criminal provisions on the books.  Many municipalities also have environmental criminal procedures. 

Environmental criminal prosecutions can be easy to ignore at the municipal level, as the fines are typically limited to no more that $2,000.00 per event and generally do not carry any jail time.  At this level, there seems to be a prevailing attitude in the business community that the municipal enforcement is nothing more than a cost of doing business, a nuisance to be dealt with.  It is this type of attitude that can escalate the violation (and repeat violations) to a much more serious venue.

More later.

As always, feel free to contact me via e-mail at walter.james@jamespllc.com.

WDJiii

Full post as published by Environmental Crimes Blog on March 26, 2009 (boomark / email).