Episode Summary

In the latest episode of The Environmental Law Monitor, Bracewell’s Anouk Nouet joins Daniel Pope to delve into the complexities of criminal negligence in environmental law. Using United States v. Hanousek and a major oil spill in Alaska as a case study, they unpack the legal intricacies and the unexpected outcome for Edward Hanousek, the roadmaster of the White Pass and Yukon Railroad, offering valuable insights into responsibilities and liabilities in environmental management.

Episode Highlights

[02:19] A Supervisor Held Criminally Liable: Edward Hanousek, though not present during the oil spill, was criminally convicted under the Clean Water Act for his role as a supervisor. The spill occurred when a backhoe operator ruptured a pipeline, releasing 5,000 gallons of oil into the Skagway River.

[03:53] The Standard for Criminal Negligence: Daniel and Anouk explore how Hanousek was convicted not for intent or recklessness, but for simple negligence. They explain how environmental statutes can impose criminal liability without the need for a guilty mind, or mens rea.

[08:12] Ninth Circuit Ruling and Legal Reasoning: The Ninth Circuit upheld Hanousek’s conviction, rejecting the need for moral wrongdoing or gross negligence. It concluded that ordinary negligence was sufficient under the Clean Water Act because of its public welfare function.

[16:03] Executive Order on Overcriminalization: Daniel references a Trump-era executive order aimed at limiting criminal enforcement of regulatory offenses. The order sought to clarify mens rea standards and limit DOJ referrals unless well-supported by statutory text.

[19:15] Compliance Strategy in Modern Practice: Daniel and Anouk stress the importance of proactive compliance: regular training, clear documentation and robust internal reporting systems. Companies should be prepared to explain their environmental safeguards and decision-making to regulators.