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45 S. Tex. L. Rev. 5 (2003-2004)
Environmental Crimes

handle is hein.journals/stexlr45 and id is 17 raw text is: ENVIRONMENTAL CRIMES
J. MICHAEL BRADFORD*
I.  INTRO  D U CTION  ............................................................................. 6
A .  G eneral  Trends .....................................................................   6
B. Why Criminal Prosecutions? ............................................... 7
II. RECURRING ISSUES IN ENVIRONMENTAL CRIMINAL
C A SE S  ............................................................................................. 8
A .  Crim inal Intent .....................................................................   8
B. Who is Responsible Under the Criminal Law? .................. 9
1.  Corporations ..................................................................   9
2.  Corporate   Officers ..........................................................  9
3.  E m ployees  .....................................................................   10
III. PRIMARY CRIMINAL STATUTES .............................................. 10
A. Resource Conservation Recovery Act ............................... 10
B.   Clean  W ater A ct ...................................................................  12
C.   The  Clean  A ir A ct ..............................................................  14
*   J. Michael Bradford, prior to joining Benckenstein & Oxford LLP in 2001, served
as a United States District Attorney for the Eastern District of Texas beginning in 1994. In
the role of lead attorney for the Department of Justice, Mr. Bradford successfully
defended the civil lawsuit brought for the deaths of the Branch Davidians at Mount
Carmel. Mr. Bradford received the Attorney General's Award for the successful
investigation and prosecution of three men convicted of capital murder for the dragging
death of James Byrd, Jr. in Jasper, Texas. Additionally, he served as lead attorney in the
largest qui tam lawsuit ever brought by the Department of Justice for underpayment of
royalties on federal lands. The suit resulted in a settlement of over $400 million with
various oil companies.
Prior to these accomplishments Mr. Bradford served as both a state district judge
and a federal magistrate judge. The Honorable J. Michael Bradford was United States
Magistrate Judge for the Eastern District of Texas from 1987-89, and Judge for the 58th
District Court of Jefferson County, Texas from 1989-94. His distinguished career included
serving as an Assistant United States Attorney for the Eastern District of Texas from
1983-87. Mr. Bradford became a partner in the Mehaffy, Garcia & Bradford Law Firm
where he practiced from 1979-83. Mr. Bradford began his legal career as a briefing
attorney for Justice Sam Houston Clinton on the Texas Court of Criminal Appeals during
1978-79. Mr. Bradford was board certified in Civil Trial Law and Personal Injury Law.
His article on Environmental Crimes is his last publication and is proudly
presented by the South Texas Law Review in this issue that is dedicated to his honor and
memory, in recognition of his years of service to his state and his country.
On behalf of Mr. Bradford, the Review would like to extend thanks and
acknowledgement to Ms. Jami Meador for her invaluable assistance with the technical
editing and oversight of this article. Ms. Meador is a Member of the Review, and a May
2004 Candidate for J.D. at South Texas College of Law.

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