Environment Prosecutions for September 2024
The latest available data from the Justice Department show that during September 2024 the government reported 28 new environment prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 27.3 percent 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 2024 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was up (42.3%). 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 22.9 percent from levels reported in 2019.
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 14.3 percent instead of 22.9 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
Illegal Discharge of Toxic, Hazardous or Carcinogenic Waste
Wildlife Protection
Marine Resources
Environmental Crime
The largest number of prosecutions of these matters in September 2024 was for "Environ-Environmental Crimes", accounting for 67.9 percent of prosecutions. Prosecutions were also filed for "Environ-Wildlife Protection" (28.6%), "Environ-Marine Resources" (3.6%). See Figure 2.
The lead investigative agency for environment prosecutions in September 2024 was EPA accounting for 43 percent of prosecutions referred. Other agencies with substantial numbers of environment referrals were: Interior (29% ), Agri (25%), HHS (4%). See Figure 3.
Environment Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In September 2024, 6 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 36 U.S.C Section . involving "Destroy/disturb from natural state mineral resource/cave formation". This was the lead charge for 33.3 percent of all magistrate filings in September.
Environment Prosecutions in U.S. District Courts
In September 2024, 22 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 2024.
Lead Charge Count Rank 42 USC 7413 - Air Pollution Prevention and Control - Fed strd 10 1 More 07 USC 2156 - Animal Fighting Venture Prohibited 6 2 More 16 USC 1538 - Endangered Species - Prohibitive acts 2 3 More 16 USC 3372 - Illegally Taken Fish & Wildlife - prohibited acts 1 5 More 18 USC 48 - Depiction of Animal Cruelty 1 5 More 21 USC 331 - Fed Food, Drug & Cosmetics Act - Prohibited acts 1 5 More Table 2. Top Charges Filed
"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 "Animal Fighting Venture Prohibited" under Title 7 U.S.C Section 2156.
Ranked 3rd were "Other US Code Section" under Title U.S.C Section and "Endangered Species - Prohibitive acts" under Title 16 U.S.C Section 1538.
Top Ranked Judicial Districts
In September 2024 the Justice Department's case-by-case records show that the government brought 8.3 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.
The Northern District of Texas (Fort Worth) — with 9 prosecutions — was the most active during September 2024.
The District of Rhode Island ranked 2nd.
Northern District of California (San Francisco) and District of Oregon 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 2024 are shown in Table 4.
All 6 of the "top ten" judges were in districts which were in the top ten with the largest number of environment filings.
Judge Karen Gren Scholer in the Northern District of Texas (Fort Worth) ranked 1st with 9 defendants in environment cases.
Judge William E. Smith in the District of Rhode Island ranked 2nd with 6 defendants in environment cases.
Judge Susan Yvonne Illston in the Northern District of California (San Francisco) ranked 3rd with 2 defendants in environment cases.
Report Generated: November 1, 2024
