Environment Prosecutions for September 2012
The latest available data from the Justice Department show that during September 2012 the government reported 35 new environment prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 218.2% 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 2012 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was down (-40.9 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 54.3 percent from levels reported in 2007.
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 September 2012 was for "Environ-Environmental Crimes", accounting for 65.7 percent of prosecutions. Prosecutions were also filed for "Environ-Wildlife Protection" (34.3%). See Figure 2.
The lead investigative agency for environment prosecutions in September 2012 was EPA accounting for 40 percent of prosecutions referred. Other agencies with substantial numbers of environment referrals were: Interior (34% ), Defense (11%), DHS (6%), Agri (3%). See Figure 3.
Environment Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In September 2012, 2 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 September the most frequently cited lead charge was Title 16 U.S.C Section 668 involving the "Bald and golden eagles". This was the lead charge for 50 percent of all magistrate filings in September.
Environment Prosecutions in U.S. District Courts
In September 2012, 33 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during September 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 September.
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 September 2012.
Lead Charge Count Rank 18 USC 371 - Conspiracy to commit offense or to defraud US 6 1 More 42 USC 7413 - Air Pollution Prevention and Control - Fed strd 5 2 More 16 USC 3372 - Illegally Taken Fish & Wildlife - prohibited acts 4 3 More 16 USC 704 - When/how migratory birds may be taken, killed,poss 3 4 More 33 USC 1318 - Water Pollution Prev - Recrds, Reprts, Inspections 3 4 More 42 USC 6928 - Hazardous Waste Management - Federal Enforcement 3 4 More 16 USC 1538 - Endangered Species - Prohibitive acts 2 7 More 33 USC 1908 - Prevention of Pollution from Ships - Penalties 2 7 More 42 USC 7671 - Stratospheric Ozone Protection 2 7 More 16 USC 470 - Archeological Resource Protection 1 10 More 16 USC 668 - Bald and golden eagles 1 10 More 33 USC 1311 - Effluent limitations - Water Pollution 1 10 More 33 USC 1319 - Water Pollution - Enforcement 1 10 More Table 2: Top charges filed
"Conspiracy to commit offense or to defraud US" (Title 18 U.S.C Section 371) was the most frequent recorded lead charge.
Ranked 2nd in frequency was the lead charge "Air Pollution Prevention and Control - Fed strd" under Title 42 U.S.C Section 7413.
Ranked 3rd was "Illegally Taken Fish & Wildlife - prohibited acts" under Title 16 U.S.C Section 3372.
Top Ranked Judicial Districts
In September 2012 the Justice Department said the government brought 13.3 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 4 1 More N. Y., W 4 1 More Hawaii 3 3 More Ohio, S 3 3 More Cal, C 2 5 More Ga, M 2 5 More La, E 2 5 More La, M 2 5 More N Mar Is 2 5 More Alaska 1 10 More Arizona 1 10 More Idaho 1 10 More Kansas 1 10 More Mich, W 1 10 More Miss, N 1 10 More Utah 1 10 More Virgin Is 1 10 More W Virg, S 1 10 More Wash, W 1 10 More Table 3: Top 10 districts
The Southern District of Florida (Miami) and Western District of New York (Buffalo)—with 4 prosecutions—were the most active during September 2012.
District of Hawaii and Southern District of Ohio (Cincinnati) 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 September 2012 are shown in Table 4.
Judge Count Rank Ryskamp, Kenneth L. Fla, S 4 1 More Arcara, Richard Joseph N. Y., W 4 1 More Mollway, Susan Oki Hawaii 3 3 More Watson, Michael H. Ohio, S 3 3 More Royal, C. Ashley Ga, M 2 5 More Barbier, Carl J. La, E 2 5 More Burgess, Timothy Mark Alaska 1 7 More Campbell, David G. Arizona 1 7 More Lodge, Edward J. Idaho 1 7 More Vratil, Kathryn Hoefer Kansas 1 7 More Polozola, Frank Joseph La, M 1 7 More Jackson, Brian Anthony La, M 1 7 More Bell, Robert Holmes Mich, W 1 7 More Virden, Jane M. Miss, N 1 7 More Coughenour, John C. Wash, W 1 7 More Table 4: Top 10 judges
All 15 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 15 judges in the "top ten" rankings.)
Judges Kenneth L. Ryskamp in the Southern District of Florida (Miami) and Richard Joseph Arcara in the Western District of New York (Buffalo) ranked 1st with 4 defendants in environment cases.
Judges Susan Oki Mollway in the District of Hawaii and Michael H. Watson in the Southern District of Ohio (Cincinnati) ranked 3rd with 3 defendants in environment cases.
Report Generated: December 11, 2012
