Environment Prosecutions for September 2013

Number Latest Month 26
Percent Change from previous month 18.2
Percent Change from 1 year ago 16.1
Percent Change from 5 years ago (Including Magistrate Court) -36.4
Percent Change from 5 years ago (Excluding Magistrate Court) -13.7
Table 1: Criminal Environment Prosecutions

The latest available data from the Justice Department show that during September 2013 the government reported 26 new environment prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 18.2% 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 up (16.1 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 36.4 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 13.7 percent instead of 36.4 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.

Plot of _FREQ_ by FYMONDT

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

  • Illegal Discharge of Toxic, Hazardous or Carcinogenic Waste

  • Wildlife Protection

  • Marine Resources

  • Environmental Crime

The largest number of prosecutions of these matters in September 2013 was for "Environ-Wildlife Protection", accounting for 69.2 percent of prosecutions. Prosecutions were also filed for "Environ-Environmental Crimes" (30.8%). See Figure 2.

The lead investigative agency for environment prosecutions in September 2013 was Interior accounting for 73 percent of prosecutions referred. Other agencies with substantial numbers of environment referrals were: EPA (19% ), Commerce (4%), Justice Other (4%). See Figure 3.

Pie chart of progcatlabel

Figure 2: Specific types of prosecutions
Pie chart of agenrevgrp

Figure 3: Prosecutions by investigative agency

Environment Prosecutions in U.S. Magistrate Courts

Top Ranked Lead Charges

In September 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 September the most frequently cited lead charge was Title 16 U.S.C Section 668 involving the "National Wildlife Refuge System". This was the lead charge for 20 percent of all magistrate filings in September.

Environment Prosecutions in U.S. District Courts

In September 2013, 21 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 prosecutions of environment matters filed in U.S. District Court during September 2013.

Lead Charge Count Rank  
16 USC 704 - When/how migratory birds may be taken, killed,poss 9 1 More
16 USC 3372 - Illegally Taken Fish & Wildlife - prohibited acts 5 2 More
18 USC 1505 - Obstruction of proceedings before departments, etc 2 3 More
42 USC 7412 - Nat'l emission standards hazardous air pollutants 2 3 More
16 USC 1538 - Endangered Species - Prohibitive acts 1 5 More
18 USC 544 - Relanding of goods 1 5 More
33 USC 1319 - Water Pollution - Enforcement 1 5 More
Table 2: Top charges filed

  • "When/how migratory birds may be taken, killed,poss" (Title 16 U.S.C Section 704) 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 "Obstruction of proceedings before departments, etc" under Title 18 U.S.C Section 1505 and "Nat'l emission standards hazardous air pollutants" under Title 42 U.S.C Section 7412.

Top Ranked Judicial Districts

In September 2013 the Justice Department said the government brought 8.2 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.

Judicial District Count Rank  
La, M 9 1 More
Cal, C 2 2 More
Ga, M 2 2 More
Fla, S 1 4 More
Ga, N 1 4 More
La, W 1 4 More
Mich, E 1 4 More
S Dakota 1 4 More
Texas, E 1 4 More
Wash, W 1 4 More
Wyoming 1 4 More
Table 3: Top 10 districts

  • The Middle District of Louisiana (Baton Rouge)—with 9 prosecutions—was the most active during September 2013.

  • The Central District of California (Los Angeles) and Middle District of Georgia (Macon) ranked 2nd.

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 2013 are shown in Table 4.

Judge Count Rank  
Treadwell, Marc Thomas Ga, M 2 1 More
Fischer, Dale S. Cal, C 1 2 More
Graham, Donald L. Fla, S 1 2 More
Hanna, Patrick J. La, W 1 2 More
Battani, Marianne O. Mich, E 1 2 More
Moreno, Mark A. S Dakota 1 2 More
Mazzant, Amos L. Texas, E 1 2 More
Zilly, Thomas Samuel Wash, W 1 2 More
Johnson, Alan Bond Wyoming 1 2 More
Table 4: Top 10 judges

All 9 of the "top ten" judges were in districts which were in the top ten with the largest number of environment filings .

  • Judge Marc Thomas Treadwell in the Middle District of Georgia (Macon) ranked 1st with 2 defendants in environment cases.

  • Judges Dale S. Fischer in the Central District of California (Los Angeles), Donald L. Graham in the Southern District of Florida (Miami), Patrick J. Hanna in the Western District of Louisiana (Shreveport), Marianne O. Battani in the Eastern District of Michigan ( Detroit), Mark A. Moreno in the District of South Dakota, Amos L. Mazzant in the Eastern District of Texas (Tyler), Thomas Samuel Zilly in the Western District of Washington (Seattle) and Alan Bond Johnson in the District of Wyoming ranked 2nd with 1 defendants in environment cases.

Report Generated: November 25, 2013
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