TITLE

Are Migratory Birds Extending Environmental Criminal Liability?

AUTHOR(S)
Arensberg, Alex
PUB. DATE
May 2011
SOURCE
Ecology Law Quarterly;2011, Vol. 38 Issue 2, p427
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Environmental statutes frequently include criminal provisions as a means of enforcing their regulations. However, these provisions often include little if any mens rea requirement. As with any form of criminal liability that approaches strict liability, courts must therefore somehow insure that convictions satisfy constitutional due process concerns. During the last century, and accompanying the rise of regulatory statutes, the court developed the public welfare doctrine as a method of justifying the lack of a mens rea requirement for certain types of crimes. These crimes, known as public welfare offenses, involve regulations so potentially dangerous to public health and safety that the court was willing to presume that the allegedly criminal actor had knowledge of his wrongdoing, thus satisfying due process. United States v. Apollo Energies, Inc.'s interpretation of the Migratory Bird Treaty Act demonstrates another method of ensuring due process despite the lack of a mens rea requirement. While these crimes do not fall under the coverage of the traditional public welfare doctrine, the Tenth Circuit borrowed several elements of the traditional doctrine, including foreseeability of regulation and of harm. The Tenth Circuit's willingness to use these elements outside of the public welfare setting illuminates when courts might find liability for future environmental regulatory crimes.
ACCESSION #
66612353

 

Related Articles

  • JONES V. OKLAHOMA CITY PUBLIC SCHOOLS: MISAPPLICATION OF REEVES IN AGE DISCRIMINATION. Chaudry, Natasha // Oklahoma City University Law Review;Spring2012, Vol. 37 Issue 1, p139 

    The author discusses the problems faced by the individuals at their workplace, the hardship they face for achieving personal success and thus contributing towards general public welfare. The issues related to age discrimination and adoption of policies and standards by the courts are discusses...

  • Plaintiff Fails to Establish That Termination Violated ERISA Section 510.  // Legal-Legislative Reporter;May2007, Vol. 41 Issue 5, p10 

    The article discusses a court case wherein the plaintiff has not proven illegal discrimination by the defendant when he got fired after receiving short-term disability benefits. The defendant was reportedly able to confirm through investigation that the plaintiff's real medical condition...

  • A GAME OF HOLD 'EM: CRITIQUING UNITED STATES V. GABALDON'S "ALL-IN" APPROACH TO FEDERAL KIDNAPPING. Villanti, Christopher A. // St. John's Law Review;Summer2007, Vol. 81 Issue 2/3, p701 

    This article discusses the decision of the Tenth Circuit Court of Appeals in the kidnapping case U.S. v Gabaldon. The author argues that if the court applied the four factor analysis in the case Government of the Virgin Islands v. Berry to the facts of the Gabaldon case, it would have had no...

  • ALIEN TORT CLAIMS ACT.  // International Law Update;Aug2008, Vol. 14, p126 

    The article reports on the decision of the U.S. Court of Appeals for the 9th Circuit on the amended complaint filed by the Ivory Coast plantation workers alleging the AMVAC Chemical Corp.'s commission of genocide and Crimes against Humanity under the Alien Tort Claims Act (ATCA). The court...

  • Court Dismisses Plaintiff's Negligent Misrepresentation Claim.  // Benefits Magazine;May2011, Vol. 48 Issue 5, p52 

    The article discusses a court case involving a plaintiff's negligent misrepresentation claim. The U.S. Court of Appeals agreed with district court's decision that the plaintiff cannot prevail in his claim. The Appeals Court based its decision on the state law, which states that in order to...

  • Employer's Interpretative Authority Enforced. Hall, Jason E. // HR Magazine;May2008, Vol. 53 Issue 5, p90 

    The article discusses the court case Kern v. SITEL Corp. In this case, the 5th U.S. Circuit Court of Appeals held that an employer's interpretation of its sales compensation plan, though erroneous, will be upheld when the employer retains final interpretative authority over any aspect of the...

  • Manufactured Housing Act Doesn't Preempt Aestheic Ordinances.  // Land Use Law Report;2013, Vol. 41 Issue 3, p1 

    The article discusses the case, Schanzenbach v. Town of Opal, wherein Schanzenbach sued the Town of Opal, Wyoming after his plan to install four older manufactured homes within town limits was rejected, based on Ordinance 2009-001 that restricts the age of buildings moved into the town to 10...

  • Modifying the Restrictions on Sentence Modification: United States v. Cobb. Bosshardt, Jackie // Brigham Young University Law Review;2011, Vol. 2011 Issue 1, p17 

    The article discusses a court case wherein the Tenth Circuit applied an interpretation of 18 United States Code (USC) 3582(c)(2) to resolve the issue of sentence modification when a defendant enters into Rule 11 plea agreement. The court interpreted USC 3582(2)(c) in the case of a defendant...

  • United States v. Wise: Is Failure to Stop for the Police a Sentence-Enhancing Crime of Violence? Burkett, Edan // Brigham Young University Law Review;2011, Vol. 2011 Issue 1, p49 

    The article discusses a court case wherein the Tenth Circuit examined the felony conviction under the Utah statute referred to by the court as "failure-to-stop." It examines whether the failure-to-stop conviction of defendant Michael Wise in 2006 would enhance a sentence for "crime of violence"...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics