Environmental Crimes Blog

A Budding Turf War???

On October 21, 2009, Senator Urbin introduced a bill that would purportedly require cruise ships and other vessels to obtain an NPDES permit to dischage sewage (toilet waste) and other waste waters. The permit would be issued by the USEPA.

The question is why? The last time I looked, the Coast Guard had regulations in place that would cover these discharges. Why not step up enforcement of current regulations and not create a whole new bureauracy?

More later.

As always, please feel free to contact me at Walter.James@jamespllc.com.

WDJiii

A Rant of Sorts

This post has nothing to do with environmental criminal law – it has to do with Federal judges and what Federal judges need to do more of – levy sanctions on stupid, idiotic, incompetent lawyering. The back drop to this is a lawsuit filed by a California lawyer regarding the deployment of an army officer to Iraq – it is one of the so-called “birther lawsuits.” Lawsuits filed challenging whether President Obama is really eligible to be president. Anyway, I digress. The Federal judge dismissed the original lawsuit. The lawyer filed a motion for reconsideration and a recusal motion. The basis of the recusal motion was that the judge may have dismissed the action because of an improper “whisper” by Attorney General Eric Holder, who was reportedly spotted in a coffee shop near the courthouse and that the judge was influenced by improper stock holdings. The response from the judge was to sanction the lawyer.

http://media.ledger-enquirer.com/smedia/2009/10/13/11/Land_Sanctions.source.prod_affiliate.70.pdf

 

If more federal judges sanction lawyers for frivolous pleadings, there may be fewer frivolous pleadings filed.  I commend the judge for his actions.

 

More later.

 

As always, feel free to contact me via e-mail at walter.james@jamespllc.com.

WDJiii

More CWA Enforcement Promised?

On October 15, 2009, Lisa P. Jackson, the USEPA Administrator, announced that the USEPA is stepping up its enforcement efforts under the CWA.  Dubbed the “Clean Water Action Enforcement Plan,” the USEPA claims it is revamping its compliance and enforcement program to improve the protection of the country’s water quality, raise the bar in federal and state performance and enhance public transparency.  The announcement was made during an appearance at a House Transportation and Infrastructure Committee hearing.

The plan outlined by Ms. Jackson supposedly strengthens the way the USEPA addresses “the water pollution challenges of this century” which include pollution caused by such numerous and dispersed sources as “concentrated animal feeding operations, sewer overflows, contaminated water that flows from industrial facilities, construction sites, and runoff from urban streets.”

Specific elements of the plan include: 

Development of more comprehensive approaches to ensure enforcement is targeted to the most serious violations and the most significant sources of pollution.

Working with the state agencies to ensure greater consistency with respect to compliance and water quality.

 

Working with the states agencies to ensure that states are issuing protective permits and taking enforcement to achieve compliance and remove economic incentives to violate the law.

The use of cutting edge information technology to collect, analyze and use information in new, more efficient ways. 

 

This announcement follows up on Ms. Jackson directive of July 2008 to the USEPA’s OECA to come up with a plan to respond to data demonstrating that the nation’s water quality was unacceptably low in many parts of the country.

 

More later.

 

As always, feel free to contact me via e-mail at walter.james@jamespllc.com.

 

WDJiii

Illegal Importation of Coral

On October 14, 2009, the USDOJ announced that Gunther Wenzek, a German national, pleaded guilty in the United States District Court for the District of Oregon, to one count of smuggling coral into the United States.  Sentencing is scheduled for January 5, 2010. 

Wenzek was originally arrested in February 2009 when he entered the United States at Dulles airport, en route to a pet exposition in Orlando, FL.   Wenzek owns a company named CoraPet, based in Germany that sells various coral products to retailers in the United States.  Customs agents seized two full containers of coral (40 tons of coral) shipped by Wenzek to a customer in Portland.  The corals seized were identified as corals from the scientific order Scleractinia, genera Porites, Acropora, and Pocillopora, common to Philippine reefs.  Due to the threat of extinction, stony corals are protected by international law.  Philippine law specifically forbids exports of all coral.  Additionally, the Convention on International Trade in Endangered Species (“CITES”) bars importation of the coral without proper customs forms or permits.

Now, again with the obligatory John Cruden quote from the USDOJ press release (private lawyers only wish they got this much press): “This guilty plea is one example of the United States’ coordinated efforts, including the work of multiple law enforcement agencies, to protect coral reefs and marine ecosystems both domestically and internationally.  Preventing the further decline of coral reefs through strong enforcement of our nation’s environmental laws is paramount in preserving marine environments and fisheries.”  John Cruden, is the Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. 

As an aside, I serve with John Cruden on the ABA SEER council – he is the Chair and I am one of the minions.  I do not think that there is a more dedicated public servant out there – a real tribute to John.

More later.

As always, feel free to contact me via e-mail at walter.james@jamespllc.com.

WDJiii

Baggett Sentenced

Sorry about the period with no posts – I just plain got busy . . ..

 

On October 14, 2009, the USEPA announced that Larkin Baggett was sentenced to twenty (20) years in prison by the United States District Court in Key West, Florida.  You may recall that Baggett was originally charged with illegally dumping pollutants in violation of the Clean Water Act.  

 

In April 2008, two months before his trial, Baggett became a fugitive when he failed to appear in court, as required by the conditions of his release and bond.  Baggett was then listed on the USEPA’s fugitive website http://www.epa.gov/fugitives.  In December 2008, the USEPA received a tip as to Baggett’s whereabouts as a result of the listing on the web site.  Baggett was arrested after a short gun battle when USEPA and other law enforcement officers attempted to arrest him in Marathon, FL.  Baggett was also sentenced for illegally possessing firearms and aggravated assault on law enforcement officers. 

 

Baggett owned and operated Chemical Consultants, Inc., North Salt Lake City, Utah, a company that mixed and sold chemical products used in the trucking, construction, and concrete industries.  Baggett was originally indicted in September 2007, on charges related to illegally dumping various pollutants onto the ground and into a drain that led to the treatment plant operated by the South Davis Sewer Improvement District in West Bountiful, UT.  According to court records, Baggett disposed of wastes by dumping them onto the ground and into a sanitary sewer drain which caused the facility to violate permit limitations for acute toxicity.

More later.

 

As always, feel free to contact me via e-mail at walter.james@jamespllc.com.

 

WDJiii