Illegal Storage in Tennessee

Illegal Storage in Tennessee On October 17, 2017, Phillip Huddleston pled guilty to one count of illegal storage of hazardous waste without a permit at Protech Metal Finishing, LLC, a metal plating facility he owned and operated in Vonore, Tennessee.

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

Private Enforcement

Private Enforcement Recently, the Environmental Integrity Project issued report that used a review of federal records to document a significant decline in environmental enforcement during the first six months of the Trump Administration. Is there a commitment to environmental enforcement

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

Third Party Payments and Supplemental Environmental Projects Under Scrutiny

Third Party Payments and Supplemental Environmental Projects Under Scrutiny On June 5, 2017, Attorney General Jeff Sessions (“Sessions Memo”) issued his memorandum that stated that the USDOJ will no longer agree to settlements that include “payments” by a defendant to

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

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

Subscribe to Blog via E-mail

Enter your email address to subscribe to this blog and receive notifications of new posts by email.