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Tag: criminal law

May 11, 2018

Don’t know how to identify every one of the 1,500 endangered species? This group wants to throw you in prison.

Ok, that’s a slight overstatement. But not as much of one as you would think. Activist group WildEarth Guardians apparently dreams of a world in which people can be thrown in federal prison if they accidentally hit the wrong rodent scurrying across a dark highway, disturb the wrong insect while building a tree house, or ...

December 07, 2015

Mens rea and DOJ opposition to criminal justice reform

As you may recall, PLF has moved to intervene in WildEarth Guardians v. DOJ, a case in which environmental groups seek to radically expand the criminal reach of the Endangered Species Act, contrary to its language and common sense. Ultimately, the case seeks to subject anyone who accidentally does anything that, unbeknownst to them, negatively ...

October 01, 2015

Take shouldn't be a strict liability offense

PLF has filed a motion to intervene on behalf of the New Mexico Cattle Growers' Association, New Mexico Federal Lands Council, and the New Mexico Farm and Livestock Bureau in a case that threatens to radically expand criminal liability under the Endangered Species Act. If the case is successful, we’ll all need to quickly become ...

September 10, 2015

The lesson of the Animas River spill

In the Wall Street Journal, attorney and former high-ranking EPA official Bill Wehrum has an op-ed $ arguing that the Animas River spill shouldn’t lead to criminal punishment, but neither should similar accidents caused by private companies. As you’ll undoubtedly recall, last month workers for EPA accidentally breached an abandoned mine ...

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