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About
In the Environmental Crimes Deskbook 2nd Edition, leading experts Judson W. Starr, Amy J. McMaster, John F. Cooney, Joseph G. Block, and David G. Dickman bring together over one centuryof combined experience in complex criminal environmental cases to create a practice-oriented reference source essential for all who work in environmental law. Familiar with the viewpoints of private practitioners and enforcement officials alike, the authors offer their expertise on how the emerging criminal and environmental law comes together.
Greatly expanding on the first edition both in breadth of issues and depth of analysis, the Environmental Crimes Deskbook 2nd Edition lays out the basic concepts of criminal environmental law and how they fit into the larger context of environmental regulation. The book is divided into three main parts. In the first, the authors discuss the history of the federal environmental crimes program; the policies and factors that DOJ, EPA, and the U.S. Attorney’s Offices consider when deciding whether to bring a criminal environmental case; and the primary means by which a case is initiated. The second part focuses on legal theory and strategy, including a detailed discussion of the knowledge element as it is applied in environmental criminal law. Here, the authors offer practice-oriented guidance, providing a detailed “how-to” guide for responding to an environmental criminal investigation as well as suggestions and issue-spotting in the pretrial, trial, and sentencing stages of a case. In the final part, the authors analyze the primary environmental statutes—including the Clean Air Act, the Resource Conservation and Recovery Act, and the Toxic Substances Control Act—and provide a brief discussion of landmark cases.
In addition to the analysis, the Environmental Crimes Deskbook 2nd Edition includes extensive appendices that offer agency guidance on issues ranging from general enforcement policy, to specific EPA and DOJ investigative and prosecutorial procedures, to environmental self-audits. The appendices also present sample forms and pleadings, including search warrants, plea agreements, and jury instructions.
In a complex field where history-driven criminal law and science-based environmental law meet, the Environmental Crimes Deskbook 2nd Edition becomes an indispensable reference source for the modern practitioner.
Supplemental Materials:
Court Decisions
- Appendix 1: Selected Decisions in Environmental Criminal Cases and Selected Environmental Criminal Cases Applying the Federal Sentencing Guidelines (Environmental Crimes Compendium)
- Appendix 2: United States v. Southern Union Co., No. 09-2403 (1st Cir. Dec. 22, 2010)
Guidance Documents
- Appendix 3: U.S. Attorney Manual 5-11.000, Environmental Crimes
- Appendix 4: U.S. Sentencing Commission, Criminal Sentencing Table
- Appendix 5: U.S. Sentencing Commission, Part Q Offenses Involving the Environment
- Appendix 6: U.S. EPA, Compliance-Focused Environmental Management System -Enforcement Agreement Guidance
- Appendix 7: U.S. EPA, Enforcement Management System Guide (1989)
- Appendix 8: U.S. EPA, Criminal Enforcement Program
- Appendix 9: U.S. EPA OECA FY 2013 National Program Manager Guidance
- Appendix 10: U.S. EPA Parallel Proceedings Policy
- Appendix 11: U.S. EPA, America’s Environmental Crimes Fighters
- Appendix 12: U.S. EPA, Guidance on Use of Environmental Management Systems
- Appendix 13: U.S. DOJ Global Settlement Policy
- Appendix 14: U.S. DOJ, Guidance and Summary of Actions Taken in Response to the Report of the Department of Justice Criminal Discovery and Case Management Working Group
- Appendix 15: U.S. DOJ, Requirement for Office Discovery Policies in Criminal Matters
- Appendix 16: U.S. DOJ, Guidance for Prosecutors Regarding Criminal Discovery
- Appendix 17: Department of Homeland Security, Guidance for the Enforcement of MARPOL Annex I During Port Control State Examinations
- Appendix 18: NSF International, Environmental Management Systems: An Implementation Guide for Small and Medium-Sized Organizations
- Appendix 19: Commission for Environmental Cooperation, Improving Environmental Performance and Compliance: 10 Elements of Effective Environmental Management Systems
- Appendix 20: Upjohn Warnings: Recommended Best Practices When Corporate Counsel Interacts With Corporate Employees (ABA WCCC WORKING GROUP Oct. 5, 2009)
- Appendix 21: Jury Instructions in Environmental Crimes Cases (Advanced Environmental Crimes Seminar May 14, 2002)
Examples of Search Warrants, Indictments, Jury Instructions, and Other Documents:
- Appendix 22: Search Warrant for Steelcase Inc.
- Appendix 23: Search Warrant for Rocky Flats Plant, U.S. DOE
- Appendix 24: Search Warrant for U.S. Sugar Corp., Bryant Village
- Appendix 25: Indictment in United States v. McWane (D. Utah)
- Appendix 26: Indictment in United States v. W.R. Grace (D. Mont)
- Appendix 27: Superseding Indictment in United States v. Atlantic States Cast Iron Pipe Co. (D.N.J.)
- Appendix 28: Superseding Indictment in United States v. McWane (N.D. Ala.)
- Appendix 29: Statement by Defense in Advance of Guilty Plea in United States v. McWane (D. Utah)
- Appendix 30: Stipulation of Facts in United States v. McWane (D. Utah)
- Appendix 31: Plea Agreement in United States v. Doyon Drilling (D. Alaska)
- Appendix 32: First Energy Nuclear Deferred Prosecution Agreement
- Appendix 33: OMI Deferred Prosecution Agreement
- Appendix 34: Defendants’ Proposed Jury Instructions in U.S. v. McWane (N.D. Ala.)
- Appendix 35: Government’s Proposed Jury Instructions in U.S. v. McWane (N.D. Ala.)
- Appendix 36: Jury Instructions in United States v. Atlantic States Cast Iron Pipe Co. (D.N.J.) (Judge’s Copy)
- Appendix 37: Jury Instructions in United States v. Certified Environmental Services, Inc. (N.D.N.Y.)
- Appendix 38: Jury Instructions in United States v. McKemy (D. Md.)
- Appendix 39: Jury Instructions in United States v. Ellen (D. Md.)
- Appendix 40: Jury Instructions in United States v. Canal Barge (W.D. Ky.)
- Appendix 41: Jury Instructions in United States v. Dooley (W.D. Wash.)
- Appendix 42: Jury Instructions in United States v. Humphries (C.D. Cal.)
- Appendix 43: Jury Instructions in United States v. Panyard (E.D. Mich.)
- Appendix 44: Jury Instructions in United States v. TUMA (W.D. La.)
- Appendix 45: Jury Instructions in United States v. Wyman (C.D. Cal.)


