criminal penalties
FIFRA at 40: The Need for Felonies for Pesticide Crimes
In 1996, Congress abandoned a seven-year effort by consecutive Republican and Democratic administrations to increase FIFRA’s misdemeanor penalties for criminal violations to the felony levels provided under the other major federal...
Southern Union Co. v. United States
The U.S. Supreme Court overturned an $18 million fine imposed against a pipeline operator for storing liquid mercury at one of its facilities without a permit in violation of RCRA. In Apprendi v. New Jersey, 530 U.S. 466,...
United States v. Brigham Oil & Gas, L.P.
A district court held that oil and gas companies should not be criminally charged under the Migratory Bird Treaty Act (MBTA) for the death of migratory birds found in North Dakota oil fields. The MBTA, as broadly interpreted by the...