The Status of the “Oops” Defense under the Endangered Species Act

The Status of the “Oops” Defense under the Endangered Species Act The Endangered Species Act (“ESA”) makes it a crime to “knowingly” violate the statute. “Any person who knowingly violates any provision of this Act, of any permit or certificate

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

Prohibiting Third Party Payments

Prohibiting Third Party Payments Last week, Attorney General Jeff Sessions issued a memorandum prohibiting Department of Justice “components” and the United States Attorney’s Offices from entering into any agreement on behalf of the United States in settlement of federal claims

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

The 2018 Budget – A Double-Hit?

The 2018 Budget – A Double-Hit? The USEPA’s proposed budget for 2018 cuts grants to state environmental programs yet states are still expected to meet the federal monitoring and compliance targets or face severe sanctions from Washington.  The 2017 federal

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

Protecting the Privileges

Protecting the Privileges The recent case styled Valley Forge Ins. v. Hartford Iron & Metal, Inc., No. 1:14-cv-00006-RLM-SLC, in the United States District Court for the Northern District of Indiana (April 14, 2017), reminds lawyers that not all communications between

Posted in Environment, Environmental, Environmental Crimes

Another Thing About Search Warrants

Another Thing About Search Warrants The search warrant executed by the USEPA CID may authorize the taking of samples.  When this occurs, always ask for split samples.  Agents may or may not be willing to provide split samples and you

Posted in Environment, Environmental, Environmental Crimes

Search Warrant Basics

Search Warrant Basics A search warrant is issued based upon a written affidavit setting forth the probable cause that a crime has been committed and that evidence of the crime will be found within the premises to be searched.  Law

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

How Do Criminal Investigations Get Started?

How Do Criminal Investigations Get Started? The criminal investigation begins with something; it almost never comes “out of the blue.”  And, often times, the first you will know of it is when USEPA CID executes a search warrant and starts

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

The Trump Administration and the Proposed 2018 USEPA Budget

The Trump Administration and the Proposed 2018 USEPA Budget We are now some sixty (60) days into the Trump Administration and about the only thing that can be said with any certainty is that the USEPA, under Scott Pruitt, is

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

Willful Blindness or Deliberate Ignorance – Either One Can Get You in Trouble

Willful Blindness or Deliberate Ignorance – Either One Can Get You in Trouble It does not matter if you purposefully decided not to look at the results of an audit, you could still be found culpable.  Let us suppose you

Posted in Current Affairs

The Executive Order on WOTUS – A Follow-Up

The Executive Order on WOTUS – A Follow-Up On February 28, 2017, the White House issued the Executive Order (“EO”) entitled “Restoring the Rule of Law, Federalism, and Economic Growth by reviewing the “Waters of the United States” Rule.”  The

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

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