Environment Prosecutions for July 2013

Number Latest Month 32
Percent Change from previous month -20.0
Percent Change from 1 year ago -13.5
Percent Change from 5 years ago (Including Magistrate Court) -34.4
Percent Change from 5 years ago (Excluding Magistrate Court) -18.0
Table 1: Criminal Environment Prosecutions

The latest available data from the Justice Department show that during July 2013 the government reported 32 new environment prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 20% 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 2013 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was down (-13.5 percent). 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 34.4 percent from levels reported in 2008.

The dip in these cases is partly related to increases in the matters filed in U.S. Magistrate Courts. If magistrate cases are excluded and only Federal District Court cases are counted, the overall decrease in environment prosecutions is 18 percent instead of 34.4 percent. The evidence suggests that part of the difference may be the result of improvements in the recording of the magistrate cases by the Justice Department.

Plot of _FREQ_ by FYMONDT

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 July 2013 was for "Environ-Environmental Crimes", accounting for 46.9 percent of prosecutions. Prosecutions were also filed for "Environ-Wildlife Protection" (43.8%), " Environ-Marine Resources" (9.4%). See Figure 2.

The lead investigative agency for environment prosecutions in July 2013 was Interior accounting for 69 percent of prosecutions referred. Other agencies with substantial numbers of environment referrals were: EPA (25% ), Commerce (3%), DHS (3%). 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 July 2013, 6 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 July the most frequently cited lead charge was Title 16 U.S.C Section 1538 involving the "Endangered Species - Prohibitive acts". This was the lead charge for 50 percent of all magistrate filings in July.

Environment Prosecutions in U.S. District Courts

In July 2013, 26 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during July 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 July.

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 July 2013.

Lead Charge Count Rank  
16 USC 3372 - Illegally Taken Fish & Wildlife - prohibited acts 14 1 More
16 USC 668 - Bald and golden eagles 2 2 More
33 USC 1319 - Water Pollution - Enforcement 2 2 More
42 USC 6928 - Hazardous Waste Management - Federal Enforcement 2 2 More
42 USC 7413 - Air Pollution Prevention and Control - Fed strd 2 2 More
15 USC 2615 - Toxic Substances Control - Penalties 1 6 More
16 USC 703 - Taking, killing, or possessing migratory birds 1 6 More
16 USC 1538 - Endangered Species - Prohibitive acts 1 6 More
18 USC 1001 - Fraud/false statements or entries generally 1 6 More
33 USC 1317 - Toxic and pretreatment effluent standards 1 6 More
Table 2: Top charges filed

  • "Illegally Taken Fish & Wildlife - prohibited acts" (Title 16 U.S.C Section 3372) 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, "Water Pollution - Enforcement" under Title 33 U.S.C Section 1319, "Hazardous Waste Management - Federal Enforcement" under Title 42 U.S.C Section 6928 and "Air Pollution Prevention and Control - F ed strd" under Title 42 U.S.C Section 7413.

Top Ranked Judicial Districts

In July 2013 the Justice Department said the government brought 10.6 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  
Alaska 4 1 More
Fla, S 4 1 More
Idaho 3 3 More
Delaware 2 4 More
Kansas 2 4 More
La, W 2 4 More
N. Y., N 2 4 More
Fla, M 1 8 More
Miss, S 1 8 More
N. Y., S 1 8 More
Oregon 1 8 More
R. I. 1 8 More
Texas, E 1 8 More
Wash, W 1 8 More
Wisc, W 1 8 More
Table 3: Top 10 districts

  • The District of Alaska and Southern District of Florida (Miami)—with 4 prosecutions—were the most active during July 2013.

  • District of Idaho is now ranking 3rd.

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 July 2013 are shown in Table 4.

Judge Count Rank  
Burgess, Timothy Mark Alaska 4 1 More
Martinez, Jose E. Fla, S 3 2 More
Winmill, B. Lynn Idaho 2 3 More
Robinson, Julie A. Kansas 2 3 More
Hanna, Patrick J. La, W 2 3 More
Moody, James S., Jr. Fla, M 1 6 More
Moore, Kevin Michael Fla, S 1 6 More
Lodge, Edward J. Idaho 1 6 More
Ball, F. Keith Miss, S 1 6 More
Scullin, Frederick James, Jr. N. Y., N 1 6 More
Suddaby, Glenn T. N. Y., N 1 6 More
Forrest, Katherine Bolan N. Y., S 1 6 More
Smith, William E. R. I. 1 6 More
Hawthorn, Zack Texas, E 1 6 More
Settle, Benjamin Hale Wash, W 1 6 More
Crocker, Stephen L. Wisc, W 1 6 More
Table 4: Top 10 judges

All 16 of the "top ten" judges were in districts which were in the top ten with the largest number of environment filings . (Because of ties, there were a total of 16 judges in the "top ten" rankings.)

  • Judge Timothy Mark Burgess in the District of Alaska ranked 1st with 4 defendants in environment cases.

  • Judge Jose E. Martinez in the Southern District of Florida (Miami) ranked 2nd with 3 defendants in environment cases.

  • Judges B. Lynn Winmill in the District of Idaho, Julie A. Robinson in the District of Kansas and Patrick J. Hanna in the Western District of Louisiana (Shreveport) ranked 3rd with 2 defendants in environment cases.

Report Generated: September 23, 2013
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