High Court Raises Bar For Criminal Penalties In Environmental Cases

摘要

The Supreme Court has ruled that juries, not judges, must set limits for criminal penalties in cases brought under the Resource Conservation & Recovery Act (RCRA), setting a higher bar for EPA as it seeks to enforce fines on polluting companies under a host of environmental laws. In a 6-3 decision in the case, Southern Union Company v. USA, the justices agreed with the company, the U.S. Chamber of Commerce and defense lawyers that a prior court precedent requiring prosecutors to obtain jury rulings when seeking enhanced sentencing should also apply to criminal penalties.