Environment Convictions for September 2012
The latest available data from the Justice Department show that during September 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 down 31.6% over 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 (15.7 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 3.9 percent from levels reported in 2007.
The leveling out 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
Illegal Discharge of Toxic, Hazardous or Carcinogenic Waste
Wildlife Protection
Marine Resources
Environmental Crime
The largest number of convictions of these matters in September 2012 was for "Environ-Environmental Crimes", accounting for 51.3 percent of convictions. Convictions were also filed for "Environ-Wildlife Protection" (38.5%), " Environ-Marine Resources" (10.3%). See Figure 2.
The lead investigative agency for environment convictions in September 2012 was Interior accounting for 46 percent of convictions. Other agencies with substantial numbers of environment convictions were: EPA (28% ), DHS (18%), Commerce (5%), Transport (3%). See Figure 3.
Environment Convictions in U.S. Magistrate Courts
Top Ranked Lead Charges
In September 2012, 7 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 3372 involving the "Illegally Taken Fish & Wildlife - prohibited acts". This was the lead charge for 42.9 percent of all magistrate convictions in September.
Environment Convictions in U.S. District Courts
In September 2012, 32 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during September 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 September.
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 September 2012.
Lead Charge Count Rank 16 USC 3372 - Illegally Taken Fish & Wildlife - prohibited acts 5 1 More 33 USC 1319 - Water Pollution - Enforcement 4 2 More 18 USC 554 - Smuggling goods from the United States 3 3 More 18 USC 1001 - Fraud/false statements or entries generally 3 3 More 33 USC 1908 - Prevention of Pollution from Ships - Penalties 3 3 More 16 USC 703 - Taking, killing, or possessing migratory birds 2 6 More 33 USC 1311 - Effluent limitations - Water Pollution 2 6 More 42 USC 6928 - Hazardous Waste Management - Federal Enforcement 2 6 More 42 USC 7413 - Air Pollution Prevention and Control - Fed strd 2 6 More 07 USC 136 - Environmental Pesticide Control - definitions 1 10 More 15 USC 2615 - Toxic Substances Control - Penalties 1 10 More 16 USC 1857 - Endangered Species - Prohibited acts 1 10 More 18 USC 371 - Conspiracy to commit offense or to defraud US 1 10 More 43 USC 1733 - Federal Land Policy/Management - Enforcement Authority 1 10 More 49 USC 46312 - Reckless Transportation of HAZMAT 1 10 More Table 2: Top charges for convictions
"Illegally Taken Fish & Wildlife - prohibited acts" (Title 16 U.S.C Section 3372) was the most frequent recorded lead charge.
Ranked 2nd in frequency was the lead charge "Water Pollution - Enforcement" under Title 33 U.S.C Section 1319.
Ranked 3rd were "Smuggling goods from the United States" under Title 18 U.S.C Section 554, "Fraud/false statements or entries generally" under Title 18 U.S.C Section 1001 and "Prevention of Pollution from Ships - Penalties" under Title 33 U.S.C Section 1908.
Top Ranked Judicial Districts
In September 2012 the Justice Department said the government obtained 12.5 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.
Judicial District Count Rank Ala, S 5 1 More La, E 4 2 More Miss, N 3 3 More Wash, E 3 3 More Alaska 2 5 More Fla, S 2 5 More Hawaii 1 7 More Ill, C 1 7 More Kansas 1 7 More Maryland 1 7 More N Car, E 1 7 More N. Y., E 1 7 More Ohio, N 1 7 More Ohio, S 1 7 More Penn, E 1 7 More Penn, W 1 7 More Tenn, E 1 7 More Texas, N 1 7 More Wash, W 1 7 More Table 3: Top 10 districts
The Southern District of Alabama (Mobile)—with 5 convictions—was the most active during September 2012.
The Eastern District of Louisiana (New Orleans) ranked 2nd.
Northern District of Mississippi (Oxford) and Eastern District of Washington (Spokane) 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 September 2012 are shown in Table 4.
Judge Count Rank DuBose, Kristi K. Ala, S 3 1 More Nielsen, William Fremming Wash, E 3 1 More Steele, William H. Ala, S 2 3 More Martinez, Jose E. Fla, S 2 3 More Zainey, Jay C. La, E 2 3 More Beistline, Ralph R. Alaska 1 6 More Burgess, Timothy Mark Alaska 1 6 More Puglisi, Richard L. Hawaii 1 6 More McCuskey, Michael Patrick Ill, C 1 6 More Vratil, Kathryn Hoefer Kansas 1 6 More Vance, Sarah S. La, E 1 6 More Gesner, Beth P. Maryland 1 6 More Mills, Michael P. Miss, N 1 6 More Aycock, Sharion Miss, N 1 6 More Virden, Jane M. Miss, N 1 6 More Dever, James C., III N Car, E 1 6 More Johnson, Sterling, Jr. N. Y., E 1 6 More Nugent, Donald C. Ohio, N 1 6 More Graham, James L. Ohio, S 1 6 More Stengel, Lawrence F. Penn, E 1 6 More Hornak, Mark Raymond Penn, W 1 6 More Varlan, Thomas A. Tenn, E 1 6 More Averitte, Clinton E. Texas, N 1 6 More Leighton, Ronald B. Wash, W 1 6 More Table 4: Top 10 judges
All 24 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 24 judges in the "top ten" rankings.)
Judges Kristi K. DuBose in the Southern District of Alabama (Mobile) and William Fremming Nielsen in the Eastern District of Washington (Spokane) ranked 1st with 3 convicted in environment convictions.
Judges William H. Steele in the Southern District of Alabama (Mobile), Jose E. Martinez in the Southern District of Florida (Miami) and Jay C. Zainey in the Eastern District of Louisiana (New Orleans) ranked 3rd with 2 convicted in environment convictions.
Report Generated: December 11, 2012
