Journal of Environmental Law & Litigation : Vol. 39 (2024)

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Browsing Journal of Environmental Law & Litigation : Vol. 39 (2024) by Subject "Environmental Protection Agency"

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    From Eugene to Seattle: Analyzing the Prosecution of Environmental Crimes Within EPA Region 10
    (University of Oregon School of Law, 2024-05-01) Ozymy, Joshua; Ozymy, Melissa Jarrell
    Criminal provisions in federal environmental law in the United States are reserved for the worst violations involving significant harm or culpable conduct, but we know little about how these crimes have been prosecuted within EPA Region 10, which includes the states of Alaska, Idaho, Oregon, and Washington. We use content analysis of 2,807 environmental crime prosecutions stemming from EPA criminal investigations, 1983–2022, and explore all 284 prosecutions occurring within Region 10 since 1983. We find defendants were cumulatively assessed over $196 million in monetary penalties, 947 years of probation, and 156 years of incarceration at sentencing. Forty-two percent of prosecutions focused on air pollution crimes, 19 percent hazardous substances, 13 percent water pollution, and 26 percent state-level crimes. We conclude by offering prescriptions for enhancing the criminal enforcement of the environment through structural budgetary investments, increased state-federal cooperation, and strengthening of criminal enforcement associations.
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    Polluters Anonymous: How Exemptions to the Freedom of Information Act Contradict American Environmental Law
    (University of Oregon School of Law, 2024-05-01) Cramer, Benjamin W.
    The Freedom of Information Act (FOIA) includes exemptions that allow agency officials to withhold certain documents on a case-by-case basis. Two of those exemptions are relevant for the environmental matters described in this Article: Exemption 3 on types of information that can be withheld per the mandates of other statutes and Exemption 9 on information about wells that are drilled on public land in search of water or fossil fuels. This Article argues that exemptions to FOIA enable secrecy that contradicts that statute’s fundamental spirit of governmental openness, and the informational and public participation ideals of environmental law.
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