NCJ Number
211123
Journal
Pace Environmental Law Review Volume: 22 Issue: 1 Dated: Spring 2005 Pages: 151-173
Date Published
2005
Length
23 pages
Annotation
This paper assesses the application of the Federal Sentencing Guidelines to environmental crimes that involve drugs as hazardous substances that pose a substantial risk to human life.
Abstract
Part I discusses the environmental impacts of methamphetamine production, focusing on seizures of clandestine laboratories and the subsequent roles of various agencies in addressing hazardous wastes left at the lab sites. Part II considers the legislative history of section 2D1.1 of the U.S. Sentencing Guidelines Manual as it applies to the environment, taking into account the environmental initiatives that shaped the formation of the guidelines and the effectiveness of section 2D1.1 in its application. Part III analyzes case law on this subject, using United States v. Layne (2003) as a framework of analysis in demonstrating how courts apply the guidelines to defendants who have operated methamphetamine labs that pose environmental threats to human life. This section of the paper also assesses whether the intended results of the guidelines application are achieved after interpretation by the courts. Part IV examines the effectiveness of legislation that imposes sanctions for creating environmental hazards due to behavior that is also punishable under traditional criminal law. The author concludes that using environmental law to combat illegal drug manufacturing acts as a strong deterrent in countering what the U.S. Congress has determined to be a "methamphetamine epidemic in America." 138 notes