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.
Featured Guests
Name: Anouk Nouet
About: Anouk Nouet is an associate in
Bracewell’s Washington, DC office. She advises clients on
litigation, enforcement and project development matters with a
focus on complex environmental and natural resources law and
policy. Anouk’s experience assisting clients rule rulemakings,
permitting, litigation and government enforcement spans across a
variety of federal agencies including the U.S. Department of the
Interior, U.S. Environmental Protection Agency (EPA), U.S.
Department of Energy, U.S. Army Corps of Engineers and state
authorities.
Company: Bracewell
Connect: LinkedIn
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