Environmental criminal law has gained increased attention in recent years, with several notable cases shaping this area:
- United States v. Lucero (10th Circuit, 2021): This case addressed the scope of criminal liability under the Migratory Bird Treaty Act (MBTA). The court held that the MBTA does not criminalize incidental takes or kills of protected birds, aligning with a 2017 Department of Interior opinion that was later reversed by the Biden administration. This decision highlights the ongoing debate over the extent of criminal liability for unintentional harm to protected species[26].
- United States v. Conagra Grocery Products Company (California Court of Appeal, 2019): While a state court decision, this case has had significant implications for public nuisance law and its application to environmental harms. The court upheld a judgment requiring lead paint manufacturers to pay for the abatement of lead paint in homes, potentially expanding the use of public nuisance doctrine in environmental prosecutions[27].
- United States v. Volkswagen AG (9th Circuit, 2020): This case, arising from the Volkswagen emissions scandal, affirmed the ability of local governments to bring claims against automobile manufacturers for violation of post-sale anti-tampering laws. It potentially expands the scope of liability for environmental crimes related to vehicle emissions[28].