Transcript Building and Environmental Case

BUILDING AN ENVIRONMENTAL CASE
Task Force Agencies
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LACFD- Health Haz Mat
FBI
County & City Sanitation Departments
Dept of Public Works
LA. County District Attorneys’ Office
United States Attorneys’ Office
Cal- EPA and Fed EPA
State and Local Law Enforcement Agencies
TYPICAL VIOLATIONS
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DUMPING TO THE SEWER
STORMWATER VIOLATIONS
HAZARDOUS WASTE VIOLATIONS
FISH & GAME 5650
CAL OSHSA
LAB FRAUD
CLEAN WATER ACT
• STATE
• FEDERAL
ENFORCEMENT ACTIONS
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Criminal Violations
• Infraction
• Misdemeanor
• Felony
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Civil Violations
• Fines
• Administrative
enforcement orders
Elements of Crime
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Good violation
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Intent Vs Negligence
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Observations
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Evidence- samples, photos
WHAT IS A GOOD VIOLATION?
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Can you prove the violation?
• Are the codes and regulations clear?
• What is the standard in the industry?
– Does the prosecutor understand the violation?
• Will a jury understand the violation?
Intent Vs Negligence
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INTENT- the operator knows he committed a
violation
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NEGLIGENCE- The operator should have
known that he committed a violation.
• example: The owner of metal finishing business who has been in
the business for 20 years.
Observations
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Listen to what the operator has
to say.
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Talk to people who are actually
doing the work.
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Look for clues and signs that
something might be wrong.
• Hose
• Pump
– Pirate connection
EVIDENCE
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Interviews
 Records
 Photographs
 Samples
INTERVIEWS
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WHO
WHAT
WHEN
WHERE
WHY
HOW
WARRANTS
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Inspection Warrants
• refusal of entry
• use to conduct an
inspection
• administrative action
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Search Warrants
• probable cause
• serious violation
• felony violation
Criminal Cases
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Statute of Limitations
• State Law: misdemeanor -1year
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Felony 3 years
• Federal Law
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Felony 5 years
TIPS ON MAKING A GOOD CASE
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FORGET THE TURF WARS
WRITE IN THE THIRD PERSON
KEEP YOUR PROSECUTOR INFORMED
TAKE GOOD NOTES
DON’T TAKE ANYTHING PERSONNEL