2014

Environmental Crimes Deskbook 2nd Edition

2 min

The Environmental Crimes Deskbook 2nd Edition greatly expands upon the first edition, both in breadth of issues and depth of analysis, offering the insight of Judson W. Starr, Amy J. McMaster, John F. Cooney, David G. Dickman, and Joseph G. Block (retired), who have over a century of combined experience
representing corporations and individuals in complex criminal environmental cases.

In plain English, the authors lay out the basic concepts of criminal environmental law and how they fit into the larger context of environmental regulation. They illuminate complex matters by placing policy decisions in the context of the historical development of the field-developments that they helped shape.

Divided into three sections, the Environmental Crimes Deskbook:

  • Discusses the history of the federal environmental crimes program, the various policies and factors considered by the DOJ, EPA and U.S. Attorney's offices in deciding whether to bring a criminal environmental case, and the primary means by which a case is initiated;
  • Examines legal theory and strategy, including a detailed discussion of the knowledge element as it is particularly applied in environmental criminal law, a detailed "how-to" guide for responding to an environmental criminal investigation, and suggestions and issue-spotting in the pre-trial, trial and sentencing stages of the case;
  • Provides a detailed analysis of the primary environmental statutes, identifying key issues and considerations for each, as well as a brief discussion of landmark cases.

In addition to the analysis, the deskbook includes agency guidance on such issues as general enforcement policy, specific EPA and DOJ investigative and prosecutorial procedures, parallel proceedings, and environmental self-audits. It also includes sample forms and pleadings, such as search warrants, indictments, deferred prosecution agreements, plea agreements, and jury instructions.

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