Environment Convictions for October 2012
Table 1: Criminal Environment Convictions
The latest available data from the Justice Department show that during October 2012 the government reported 39 new environment convictions.
According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is the same as in the previous month.
The comparisons of the number of defendants convicted for 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 2012 convictions of this type are compared with those of the same period in
the previous year, the number of convictions was up (6.8 percent).
Convictions over the past year are still much lower than they were five years ago.
Overall, the data show that convictions of this type are down 10.1 percent from levels reported in 2007.
Figure 1: Monthly trends in environment convictions
The decrease from the levels five years ago in environment convictions for these matters is shown more clearly in Figure 1.
The vertical bars in Figure 1
represent the number of environment convictions 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 convictions of these matters in October 2012 was for "Environ-Wildlife Protection", accounting for 53.8 percent of convictions. Convictions were also filed for "Environ-Environmental Crimes" (46.2%).
See Figure 2.
The lead investigative agency for environment convictions in October 2012
was Interior accounting for 62 percent of convictions.
Other agencies with substantial numbers of environment convictions were:
EPA (31% ), Agri (3%), DHS (3%).
See Figure 3.
Figure 2: Specific types of convictions
Figure 3: Convictions by investigative agency
Environment Convictions in U.S. Magistrate Courts
Top Ranked Lead Charges
In October 2012, 17 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 October 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 88.2 percent of all magistrate convictions in October.
Environment Convictions in U.S. District Courts
In October 2012, 22 defendants in new cases
for these matters were charged in the U.S. District Courts. In addition during October 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 October.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the convictions of environment matters
filed in U.S. District Court during October 2012.
Table 2: Top charges for convictions
"Air Pollution Prevention and Control - Fed strd" (Title 42 U.S.C Section 7413) was the most frequent recorded lead charge.
Ranked 2nd in frequency was the lead charge "Illegally Taken Fish & Wildlife - prohibited acts" under Title 16 U.S.C Section 3372.
Ranked 3rd were
"Fraud/false statements or entries generally" under Title 18 U.S.C Section 1001, "Toxic and pretreatment effluent standards" under Title 33 U.S.C Section 1317 and "Hazardous Waste Management - Federal Enforcement" under Title 42 U.S.C Section 6928.
Top Ranked Judicial Districts
In October 2012 the Justice Department said the government obtained 8.6 environment convictions for every ten million people in the United States.
Understandably, there is great variation in the number of environment convictions in each of the nation's ninety-four federal judicial districts.
The districts registering the
largest number of convictions of this type last month are shown in Table 3.
Table 3: Top 10 districts
The Eastern District of Tennessee (Knoxville)—with 4 convictions—was the most active during October 2012.
The Central District of California (Los Angeles) ranked 2nd.
District of South Dakota and Eastern District of Texas (Tyler) 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 resulting in convictions of this type
during October 2012 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 convictions . (Because of ties, there were a total of 18 judges in the "top ten" rankings.)
Judge Curtis Lynn Collier in the Eastern District of Tennessee (Knoxville) ranked 1st with 4 convicted in environment convictions.
Charles F. Eick in the Central District of California (Los Angeles), Jay C. Gandhi in the Central District of California (Los Angeles), Suzanne H. Segal in the Central District of California (Los Angeles), Ellen Bree Burns in the District of Connecticut, J
ose E. Martinez in the Southern District of Florida (Miami), William Clark O'Kelley in the Northern District of Georgia (Atlanta), Gary A. Fenner in the Western District of Missouri (Kansas City), Robert James Conrad, Jr. in the Western Distric
ranked 2nd with 1 convicted in environment convictions.
Report Generated: February 6, 2013