Environment Prosecutions for August 2017

Number Latest Month 43
Percent Change from previous month 152.9
Percent Change from 1 year ago 16.8
Percent Change from 5 years ago
(Including Magistrate Court)
-10.1
Percent Change from 5 years ago
(Excluding Magistrate Court)
-12.4
Table 1. Criminal Environment Prosecutions

The latest available data from the Justice Department show that during August 2017 the government reported 43 new environment prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 152.9 percent over the previous month.

The comparisons of the number of defendants charged with environment-related offenses are based on case-by-case information obtained by TRAC under the Freedom of Information Act from the Executive Office for United States Attorneys (see Table 1).

When monthly 2017 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was up (16.8%). Prosecutions over the past year are still much lower than they were five years ago. Overall, the data show that prosecutions of this type are down 10.1 percent from levels reported in 2012.

Bar and line plot of FYMON

Figure 1. Monthly Trends in Environment Prosecutions

The decrease from the levels five years ago in environment prosecutions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of environment prosecutions of this type recorded on a month-to-month basis. Where a prosecution was initially filed in U.S. Magistrate Court and then transferred to the U.S. District Court, the magistrate filing date was used since this provides an earlier indicator of actual trends. The superimposed line on the bars plots the six-month moving average so that natural fluctuations are smoothed out. The one and five-year rates of change in Table 1 and in the sections that follow are all based upon this six-month moving average. To view trends year-by-year rather than month-by-month, see TRAC's annual report series for a broader picture.

Within the broad category of environment, cases were classified by prosecutors into more specific types.

Case types within environment are

  • Illegal Discharge of Toxic, Hazardous or Carcinogenic Waste

  • Wildlife Protection

  • Marine Resources

  • Environmental Crime

The largest number of prosecutions of these matters in August 2017 was for "Environ-Wildlife Protection", accounting for 79.1 percent of prosecutions. Prosecutions were also filed for "Environ-Environmental Crimes" (20.9%). See Figure 2.

The lead investigative agency for environment prosecutions in August 2017 was Interior accounting for 67 percent of prosecutions referred. Other agencies with substantial numbers of environment referrals were: FBI (9% ), HHS (9%), Agri (7%), Commerce (2%). See Figure 3.

Pie chart of progcatlabel

Figure 2. Specific Types of Prosecutions
Pie chart of agenrevgrp

Figure 3. Prosecutions by Investigative Agency

Environment Prosecutions in U.S. Magistrate Courts

Top Ranked Lead Charges

In August 2017, 18 defendants in environment cases for these matters were filed in U.S. Magistrate Courts. These courts handle less serious misdemeanor cases, including what are called "petty offenses." In addition, complaints are sometimes filed in the magistrate courts before an indictment or information is entered. In these cases, the matter starts in the magistrate courts and later moves to the district court where subsequent proceedings take place.

In the magistrate courts in August the most frequently cited lead charge was Title 16 U.S.C Section 703 involving "Taking, killing, or possessing migratory birds". This was the lead charge for 50 percent of all magistrate filings in August.

Environment Prosecutions in U.S. District Courts

In August 2017, 25 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during August there were an additional 1 defendants whose cases moved from the magistrate courts to the U.S. district courts after an indictment or information was filed. The sections which follow cover both sets of cases and therefore cover all matters filed in district court during August.

Top Ranked Lead Charges

Table 2 shows the top lead charges recorded in the prosecutions of environment matters filed in U.S. District Court during August 2017.

Lead Charge Count Rank  
18 USC 545 - Smuggling goods into the United States 5 1 More
16 USC 668 - Bald and golden eagles 4 2 More
16 USC 3372 - Illegally Taken Fish & Wildlife - prohibited acts 4 2 More
18 USC 49 - Enforcement of animal fighting prohibitions 4 2 More
07 USC 2156 - Animal Fighting Venture Prohibited 3 5 More
16 USC 1538 - Endangered Species - Prohibitive acts 3 5 More
16 USC 704 - When/how migratory birds may be taken, killed,poss 1 7 More
33 USC 1319 - Water Pollution - Enforcement 1 7 More
33 USC 1908 - Prevention of Pollution from Ships - Penalties 1 7 More
Table 2. Top Charges Filed

  • "Smuggling goods into the United States" (Title 18 U.S.C Section 545) was the most frequent recorded lead charge.

  • Ranked 2nd in frequency were the lead charges "Bald and golden eagles" under Title 16 U.S.C Section 668, "Illegally Taken Fish & Wildlife - prohibited acts" under Title 16 U.S.C Section 3372 and "Enforcement of animal fighting prohibitions" under Title 18 U.S.C Section 49.

Top Ranked Judicial Districts

In August 2017 the Justice Department said the government brought 9.7 environment prosecutions for every ten million people in the United States.

Understandably, there is great variation in the number of environment prosecutions that are filed in each of the nation's ninety-four federal judicial districts.

The districts registering the largest number of prosecutions of this type last month are shown in Table 3.


Judicial District Count Rank  
Fla, S 6 1 More
Ala, S 5 2 More
S Dakota 5 2 More
Kansas 2 4 More
N. J. 2 4 More
Cal, C 1 6 More
Cal, S 1 6 More
D. C. 1 6 More
Ind, N 1 6 More
La, W 1 6 More
Tenn, W 1 6 More
Table 3. Top 10 Districts

  • The Southern District of Florida (Miami) — with 6 prosecutions — was the most active during August 2017.

  • The Southern District of Alabama (Mobile) and District of South Dakota ranked 2nd.

Top Ranked District Judges

At any one time, there are about 680 federal District Court judges working in the United States. The judges recorded with the largest number of new environment crime cases of this type during August 2017 are shown in Table 4.

Judge Count Rank  
DuBose, Kristi K. Ala, S 4 1 More
Williams, Kathleen Mary Fla, S 4 1 More
Martinez, Jose E. Fla, S 2 3 More
Thompson, Anne Elise N. J. 2 3 More
Steele, William H. Ala, S 1 5 More
Burns, Larry Alan Cal, S 1 5 More
Moss, Randolph Daniel D. C. 1 5 More
Martin, John E. Ind, N 1 5 More
Marten, John Thomas Kansas 1 5 More
Drell, Dee D. La, W 1 5 More
Table 4. Top Ten Judges

All 10 of the "top ten" judges were in districts which were in the top ten with the largest number of environment filings.

  • Judges Kristi K. DuBose in the Southern District of Alabama (Mobile) and Kathleen Mary Williams in the Southern District of Florida (Miami) ranked 1st with 4 defendants in environment cases.

  • Judges Jose E. Martinez in the Southern District of Florida (Miami) and Anne Elise Thompson in the District of New Jersey ranked 3rd with 2 defendants in environment cases.

Report Generated: September 19, 2017
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Copyright 2017, TRAC Reports, Inc.

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