A four-year battle between the federal government and Duarte Nursery over the farm’s plowing of a field to plant wheat—for … More
Tag: overcriminalization
Is everything a crime under the Endangered Species Act?
DOJ’s resistance to environmental groups’ effort to radically expand overcriminalization under the Endangered Species Act shows the long-term impacts of earlier, successful challenges to overcriminalization.
FAQ on the McKittrick Policy
Like most people, the internet occasionally drives me crazy. Lately, that’s been due to coverage of the so-called McKittrick Policy—a … More
Federal prosecutors’ new favorite weapon: environmental criminal law
The Financial Times reports on federal prosecutors’ growing and aggressive use of the criminal provisions in several environmental statutes, even … More
Bureaucracy for bureaucracy’s sake
Earlier this week, the Boston Globe reported on the bureaucratic nightmare that a New Hampshire retailer experienced with he caught the … More
‘Ignorance of the law is no excuse’ leads to bureaucratic nightmares
The Boston Globe reports the nightmare that a small New Hampshire retailer experienced when he caught the eye of bureaucrats … More
Should you go to jail if you can’t recognize every endangered species?
[Update: since this post, we’ve asked the Court to rule against this radical attempt to expand the criminal reach of the … More
Overcriminalization is rampant in environmental law
This week, the Daily Caller published my article on the overcriminalization of environmental law. Recently, the Department of Justice announced … More
