Environment Prosecutions for May 2013
Table 1: Criminal Environment Prosecutions
The latest available data from the Justice Department show that during May 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 56.2% 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 (-37.4 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 26 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 11.7 percent instead of 26 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.
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
The largest number of prosecutions of these matters in May 2013 was for "Environ-Environmental Crimes", accounting for 50 percent of prosecutions. Prosecutions were also filed for "Environ-Wildlife Protection" (46.9%), "
Environ-Marine Resources" (3.1%).
See Figure 2.
The lead investigative agency for environment prosecutions in May 2013
was Interior accounting for 53 percent of prosecutions referred.
Other agencies with substantial numbers of environment referrals were:
EPA (31% ), Agri (9%), FBI (3%).
See Figure 3.
Figure 2: Specific types of prosecutions
Figure 3: Prosecutions by investigative agency
Environment Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In May 2013, 10 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 May the most frequently cited lead charge was
Title 16 U.S.C Section 703 involving the "Taking, killing, or possessing migratory birds". This was the lead charge
for 50 percent of all magistrate filings in May.
Environment Prosecutions in U.S. District Courts
In May 2013, 22 defendants in new cases
for these matters were charged in the U.S. District Courts. In addition during May there
were an additional 4 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 May.
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 May 2013.
Table 2: Top charges filed
"Water Pollution - Enforcement" (Title 33 U.S.C Section 1319) 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 and "Illegally Taken Fish & Wildlife - prohibited acts" under Title 16 U.S.C Section 3372.
Top Ranked Judicial Districts
In May 2013 the Justice Department said the government brought 10.2 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.
Table 3: Top 10 districts
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 May 2013 are shown in Table 4.
All 18 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 18 judges in the "top ten" rankings.)
Judge Thomas James McAvoy in the Northern District of New York (Syracuse) ranked 1st with 3 defendants in environment cases.
Neil Vincent Wake in the District of Arizona, Lorenzo F. Garcia in the District of New Mexico, James G. Carr in the Northern District of Ohio (Cleveland) and Benjamin Hale Settle in the Western District of Washington (Seattle) ranked 2nd with 2
defendants in environment cases.
Report Generated: July 22, 2013