I am often asked what is so special or different about an environmental crimes case. There are a number of technical differences between what I would call “regular” crimes and environmental crimes and general civil enforcement matters and environmental crimes.
My commentary usually goes like this: An environmental crime is similar in some respects to a civil enforcement case in that an environmental crimes case can often be very paper intensive, given the myriad of reporting requirements under the environmental laws. It can also be very complicated in that the environmental regulations can be complicated and convoluted. Try explaining the “mixture rule” or the “derived from” rule. Overlay that with the typical criminal issues of lying, cheating and stealing. Then, you have an environmental crimes case. It is, essentially, a civil environmental enforcement matter at the end of which someone may go to jail rather than just pay a fine. That, and often times the only difference between an environmental civil enforcement matter and an environmental criminal matter is which gets to your door first, the civil inspector or the CID agent.
It is puzzling sometimes to figure out why some matters are criminal and some are civil. You wonder. I wonder.
More later.
As always, feel free to contact me via e-mail at walter.james@jamespllc.com.
WDJiii
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