Fifth Circuit Rejects EPA’s Overreaching on CAA and MBTA
The Energy Law Blog
SEPTEMBER 15, 2015
Background The U.S. Fifth Circuit Court of Appeals recently issued an opinion regarding criminal liability under environmental statutes. United States v. Citgo Petroleum Corp., et al., No. 14-40128, 2015 U.S. App. LEXIS 15865 (5th Cir. Sept. 4, 2015). In what may be considered a warning shot to overzealous federal prosecutors looking to obtain criminal convictions under the Clean Air Act (“CAA”) or the Migratory Bird Treaty Act (“MBTA”), the Court of Appeals reversed criminal convictions again
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