Research Guides: Environmental Crimes: Federal & State Cases

Introduction

These cases feature a discussion of the science involved in the investigation of environmental crimes. Several civil cases with lengthy discussions of scientific evidence are included as well. For excellent surveys of environmental crime enforcement, consult the annual reviews written by Steven Solow and linked below.

Annual Reviews

The State of Environmental Crime Enforcement: A Survey of Developments in 2014
This annual review of environmental crime enforcement describes the changes that lie ahead for environmental criminal enforcement, considering the US Department of Justice and the Environmental Protection Agency (EPA) have made clear that they will investigate for possible criminal violations whenever a major environment-related industrial or transportation incident occurs.
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The report goes on to outline the types of cases being prosecuted by the EPA's Criminal Investigation Division, the use of data and analytics in prosecuting environmental crimes, and worker safety concerns relating to the Clean Air Act's General Duty Clause and Risk Management Program.
Among other topics, the article also addresses a trend in environmental crime enforcement that indicates a renewed vigilance in prosecuting corporate officers and employees along with the corporations, as evidenced by the 2010 Deepwater Horizon incident, as well as a number of significant appellate cases.
The State of Environmental Crime Enforcement: A Survey of Developments in 2013
This annual review of environmental crime enforcement provides an update on the prosecution of the Deepwater Horizon oil rig explosion and oil spill, reports on the use of "big data" in prosecuting environmental crimes (particularly the fraudulent trade in renewable identification numbers), and addresses the use of unique liability theories in the Deepwater Horizon individual prosecutions.
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The article also discusses a trend within the Department of Justice (DOJ) of seeking to examine independent safety agency investigation interviews, and analyzes the DOJ’s stated intent to target large or significant enterprises, death or serious injury and cases involving multiple locations.
The State of Environmental Crime Enforcement: A Survey of Developments in 2012
This year’s annual review of environmental crime enforcement looks at the prosecution of the Deepwater Horizon oil rig explosion and spill, which resulted in a guilty plea and the largest environmental penalty in US history.
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Solow and Carpenter also discuss the importance of corporate compliance and ethics programs, the government’s ability to assess the adequacy of those programs, and the lessons federal agencies can learn if they tap into their own enforcement experience as they develop regulatory programs. As they have in each of the seven years they have produced their annual review, the authors provide summaries of criminal cases brought around the country in 2012. In addition, the article features an interview with Douglas Parker, director of EPA’s Criminal Investigation Division, which oversees the agents who conduct investigations into criminal violations of federal environmental law.
The State of Environmental Crime Enforcement: A Survey of Developments in 2011
This article, an annual review of environmental crime enforcement, looks at lessons that may be learned from the investigation and prosecution of the Deepwater Horizon oil rig explosion and spill, including the criminal provisions of environmental law that could be brought to bear, corporate actions prior to the incident that will draw scrutiny, and issues related to possible obstruction of justice after the incident.
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As in past reviews, the authors also provide summaries of criminal cases brought around the country in 2011. In addition, the article features an interview with Ignacia S. Moreno, Assistant Attorney General in charge of the Justice Department's Environment and Natural Resources Division, and Peter Smith, the U.S. Attorney for the Middle District of Pennsylvania, on the subject of hydraulic fracturing in oil and gas operations.
The State of Environmental Crime Enforcement: A Survey of Developments in 2010
The authors provide summaries of environmental criminal cases brought around the country last year. They also provide an analysis of the Gulf of Mexico oil spill and what it may mean for the criminal prosecution of violations of environmental laws.
The State of Environmental Crime Enforcement: A Survey of Developments in 2009
The authors review the statistics used to measure federal enforcement activity and proposes that the federal government establish a Bureau of Environmental Statistics, similar to the Bureau of Labor Statistics.
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The authors review activity in the first year of the Obama Administration and look at new enforcement initiatives, new discovery guidance, an increased focus on chemicals, and electronic waste. The authors also provide summaries of the criminal cases brought around the country last year.
The State of Environmental Crime Enforcement: Survey of Developments in 2007
The author provides an overview of some key developments relevant to the criminal enforcement of environmental laws. It includes policy and legislative matters as well as summaries of almost 60 criminal cases brought around the country, including some appellate decisions from 2007.
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The article includes the responses to questions posed by the author to Stacey Mitchell, who was appointed last summer to be the chief of the Environmental Crimes Section at the Department of Justice.
The State of Environmental Crime Enforcement: Survey of Developments in 2006
This article provides a brief overview of some key developments in the area of criminal enforcement of environmental laws. It includes policy and legislative matters as well as summaries of almost 70 criminal cases brought around the country, including some appellate decisions from 2006. At the end of the article are the responses of Granta Nakayama, EPA’s assistant administrator for enforcement, to 10 questions posed by the author.

Federal Criminal Cases

United States v. Stowe, W.D. Wash., No. 12-cr-05121, sentencing 10/10/12).
Washington developer plead guilty to felony violations of the Clean Water Act for stormwater violations.
United States v. Pruett, No. 11-30572 (5th Cir. May 15, 2012)
Affirmation of felony conviction for knowing violations of the effluent limitations and record-keeping requirements of the Clean Water Act. Includes discussion of expert testimony concerning sludge drying bed and chlorine contact chamber.
United States v. Canal Barge Co., 2008 WL 533878, 2008 U.S. Dist. LEXIS 13568 (W.D. Ky. Feb. 21, 2008).
Defendants were criminally convicted of violating the Ports and Waterways Safety Act, won an appeal on the ground of improper venue that was then reversed by the 6th Circuit Court of Appeals (631 F.3d 347). The opinion and order on the motion has a great deal of discussion on the experts used by both parties.
United States v. San Diego Gas & Elec. Co.,No. 06CR0065 DMS (S.D. Cal. Dec. 7, 2007).
Order granting defendants motion for a new trial include a discussion of collection and testing methodology for asbestos.
United States v. W.R. Grace, 504 F.3d 745 (9th Cir. 2007).
Defendants indicted for conspiracy to violate Clean Air Act (CAA) and to defraud the United States, wire fraud, and obstruction of justice, in connection with alleged release of asbestos-contaminated vermiculite from mine. Discussion of the definition of asbestos starts on page 754, and evidentiary rulings start on page 758. Indictment is available here.
United States v. W.R. Grace, 455 F. Supp. 2d 1122 (D. Mont. 2006).
Court discusses definition of asbestos in great detail as well as standards for sampling data. Part of the litigation in the previous case listed (504 F.3d 745).
United States v. Hansen, 262 F.3d 1217 (11th Cir. 2001).
Defendants convicted for conspiracy to commit environmental crimes and for violations of Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Discussion of expert testimony and scientific evidence starts on page 1232. Court held that evidence supported finding that untreated wastewater contained enough mercury and caustic to meet RCRA's definition of “hazardous waste.” Conviction affirmed.
United States v. Guthrie, 50 F.3d 936, 946 (11th Cir. 1995).
Discussion of scientific studies relied on by agency in listing of Alabama red-bellied turtle as an endangered species.
United States v. Distler, 671 F.2d 954 (6th Cir. 1981).
Discussion of gas chromatograph/FID/FPD analysis.
United States v. Hamel, 551 F.2d 107 (6th Cir. 1977).
Discussion of gasoline as a pollutant starting on page 110.

Federal Civil Cases

Dow Agrosciences LLC v. Nat'l Marine Fisheries Serv., 821 F. Supp. 2d 792 (D. Md. 2011)
Dow Agrosciences challenge to NMFS biological opinion that unrestricted registration of Dow Agro products would endanger protected salmonid species. Includes discussion of water monitoring data.
Berish v. Southwestern Energy Production Co., 763 F. Supp. 2d 702 (M.D. 2011)
Civil case, discussion of impact of hydrofracking on residents.
Deluca v. Tonawanda Coke Corp, 10-CV-859S (W.D.N.Y. Aug. 30, 2011)
Civil case, includes discussion of NYSDEC study that installed air quality monitors at various locations throughout the community to measure concentrations of various toxic pollutants.
Calif. State Grange v. National Marine Fisheries Service, 620 F.Supp.2d 1111 (E.D. Cal. 2008)
Civil case, includes holding that best available science supported determination that anadromous steelhead was sufficiently distinct from resident rainbow trout to warrant listing as endangered species.
Legal Environmental Assistance Foundation, Inc. v. EPA. 276 F.3d 1253 (11th Cir. 2001)
Civil case, challenging EPA approval of Alabama's revised underground injection control (UIC) program for the underground injection of hydraulic fracturing fluids to enhance the recovery of methane gas from coal beds.
Greenpeace v. Nat'l Marine Fisheries Serv., 55 F. Supp. 2d 1248 (W.D. Wash. 1999)
Civil, not criminal, but includes discussion of scientific evidence on the decline of the sea lion population.
United States v. Akzo Coatings of Am., Inc., 949 F.2d 1409 (6th Cir. 1991).
Civil not criminal but includes discussion of scientific geophysical testing.
Ethyl Corp. v. EPA, 541 F.2d 1 (D.C. Cir. 1976).
Civil not criminal but includes much discussion of scientific evidence on levels of lead in the blood.

State Cases

Exxon Mobil Corp. v. Ford, No. 1804 (Md Ct. Spec. App. Feb. 9, 2012)
Discussion of groundwater contamination by MTBE and benzene caused by catastrophic gas leak in Jacksonville, Baltimore County, Maryland. Discussion of scientific evidence starts on page 3.
State v. Grinsted, 958 N.E.2d 177 (Ohio Ct. App. 2011)
Defendants charged with illegally storing and disposing of hazardous waste (CRT glass). Discussion on scientific evidence, including collection methods and testing procedures, starts at page 762, ¶ 20.
Lashley v. State, 05-05-00055-CR, 2006 WL 2408046 (Tex. App. Aug. 22, 2006)
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Unpublished Texas case on issue of sewage as a deadly weapon includes discussion of scientific testing of water samples.
People v. M & H Used Auto Parts & Cars, Inc., 799 N.Y.S.2d 784 (App. Div. 2d Dep't 2005)
Discussion of evidence proving release of petroleum and ethylene glycol.
Heiringhoff v. State, 2003 WL 21995474 (Tex. Ct. App. 2003).
Unreported Texas case. Includes discussion of expert testimony on unauthorized discharge of waste starting on page 12.
Midway Coal Co. v. Commonwealth, 413 A.2d 1139 (Pa. Commw. Ct. 1980)
Discussion of scientific evidence related to air pollution starts on page 1139.
Baity v General Elec. Co., 927 N.Y.S.2d 492 (App. Div. 4th Dep't 2011).
Civil case, some discussion of discharge of toxic chemicals into ground.
Develop Don't Destroy (Brooklyn) v. Urban Development Corp., 874 N.Y.S.2d 414 (App. Div. 1st Dep't 2009)
Civil case, includes discussion of viability of environmental impact statement filed by developers.

Recent Case Highlights in New York

WebCrims (Public Version)
This site provides information on criminal cases with future appearance dates for selected New York State Courts of criminal jurisdiction.
EPA Press Release
Twelve Defendants Arrested for Involvement in the Illegal Distribution and Sale of Pesticides in New York’s Chinatown/Coordinated multi-agency effort results in seizure of thousands of packages of illegal pesticides from dozens of locations. Sept. 19, 2011.