Environmental Crimes

1
Environmental Crimes
What is the purpose of having environmental
crimes? Why do we make some violations criminal
violations?
Are environmental crimes felonies or
misdemeanors? Whats the difference?
2
Environmental Crimes
U.S. v. Weitzenhoff (9th Cir. 1994) What did the
defendants do wrong?
What is their defense to criminal liability?
In order to be guilty of a knowing violation of
an environmental law, exactly what must the
defendant know?
Were these defendants aware they were violating
the law? Are they culpable?
3
Environmental Crimes
See footnote 5 of Weitzenhoff, the Speach case,
which says that public welfare offenses are not
to be construed to require proof that the
defendant knew he was violating the law What
does that mean? Why have a rule like that? Are
environmental violations malum prohibitum or
malum in se types of offenses?
4
Environmental Crimes
U.S. v. Weitzenhoff (9th Cir. 1994)
If these defendants are culpable, what are the
dissenting judges upset about? Do the dissenters
think these defendants are innocent?
5
Environmental Crimes
U.S. v. Weitzenhoff (9th Cir. 1994)

• Dilution of the traditional requirement of a
  criminal state of mind, and application of the
  criminal law to innocent conduct, reduces the
  moral authority of our system of criminal law.
• We have now made felons out of innocent people
  doing socially valuable work.

What are these dissenters talking about? What
moral authority? Do they think these
defendants are innocent people who are doing
something that is socially valuable?
Do you agree with the dissenters that this is a
dangerous precedent?
6
Environmental Crimes
Lazarus complex, aspirational nature of
environmental law.
Mistake of fact vs. mistake of law U.S. v. Ahmad
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Environmental Crimes
What is mens rea? Why is it required to be
proven in order to convict someone of a crime?
Are their different levels of culpability?
willful violation ? felony knowing
violation ? felony reckless violation ?
misdemeanor negligent violation ?
misdemeanor Congressional intent controls
8
Environmental Crimes knowing violations
CWA knowingly violates CWA or any permit
condition

• Knowingly
• discharge
• a pollutant
• navigable waters

• addition
• definition of pollutant
• case law

9
Environmental Crimes knowing violations
RCRA knowingly treat, store or dispose of
hazardous waste.

• Knowingly
• treat
• store
• dispose
• hazardous waste

• statutory definition
• more than 90 days
• Is it a waste? Is it hazardous?

10
Environmental Crimes
In the US v. Park case, the Court convicted
corporate officers of misdemeanors based upon
conduct by their underlings of which the officers
were unaware based upon the inference that the
officers should have known or should have
prevented the conduct. Should responsible
corporate officers be criminally liable in these
situations under environmental law?
11
Environmental Crimes
Criminal violations of the tax laws by individual
taxpayers are specific intent crimes. An honest
mistake of law is a defense to liability. Should
the same be true of environmental crimes? Are
the two situations analogous or not? Does your
answer depend upon the purpose of criminal law?
Is it primarily a deterrent or does it have other
more important purposes?