Environment Prosecutions for November 2013
Table 1: Criminal Environment Prosecutions
The latest available data from the Justice Department show that during November 2013 the government reported 27 new environment prosecutions.
According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 12.9% 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 (-5.2 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 36.9 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 9.1 percent instead of 36.9 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 November 2013 was for "Environ-Wildlife Protection", accounting for 59.3 percent of prosecutions. Prosecutions were also filed for "Environ-Environmental Crimes" (40.7%).
See Figure 2.
The lead investigative agency for environment prosecutions in November 2013
was Interior accounting for 44 percent of prosecutions referred.
Other agencies with substantial numbers of environment referrals were:
EPA (33% ), FBI (11%), DHS (7%).
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 November 2013, 5 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 November the most frequently cited lead charge was
Title 33 U.S.C Section 1319 involving the "Water Pollution - Enforcement". This was the lead charge
for 40 percent of all magistrate filings in November.
Environment Prosecutions in U.S. District Courts
In November 2013, 22 defendants in new cases
for these matters were charged in the U.S. District Courts. In addition during November there
were an additional 0 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 November.
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 November 2013.
Table 2: Top charges filed
"National Parks, etc. - Offenses, punishment" (Title 16 U.S.C Section 354) and "Conspiracy to commit offense or to defraud US" (Title 18 U.S.C Section 371) were the most frequent recorded lead charges.
Ranked 3rd were
"Taking, killing, or possessing migratory birds" under Title 16 U.S.C Section 703, "Endangered Species - Prohibitive acts" under Title 16 U.S.C Section 1538, "Illegally Taken Fish & Wildlife - prohibited acts" under Title 16 U.S.C Section 3372, "Fraud/fals
e statements or entries generally" under Title 18 U.S.C Section 1001, "Effluent limitations - Water Pollution" under Title 33 U.S.C Section 1311, "Water Pollution - Enforcement" under Title 33 U.S.C Section 1319 and "Air Pollution Prevention an.
Top Ranked Judicial Districts
In November 2013 the Justice Department said the government brought 8.4 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
The Central District of California (Los Angeles) and Western District of Washington (Seattle)—with 3 prosecutions—were the most active during November 2013.
District of Hawaii, Eastern District of Louisiana (New Orleans), Southern District of Ohio (Cincinnati) and District of South Dakota are 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 November 2013 are shown in Table 4.
All 14 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 14 judges in the "top ten" rankings.)
Judge J. Richard Creatura in the Western District of Washington (Seattle) ranked 1st with 3 defendants in environment cases.
Judges Derrick Kahala Watson in the District of Hawaii, Algenon L. Marbley in the Southern District of Ohio (Cincinnati) and John E. Simko in the District of South Dakota ranked 2nd with 2 defendants in environment cases
Report Generated: January 31, 2014