News and Events Involving Environmental Law, Published by Chicago Environmental Attorney Dave Scriven-Young
of Peckar & Abramson, P.C. -- (312) 239-9722

Please Join Us For Upcoming CBA Events!

As Co-Chair of the Environmental Law Committee of the Chicago Bar Association Young Lawyers Division, I invite you to attend two upcoming events.

(1) Please join us for our committee meeting on September 22nd at 12:15 pm at the Chicago Bar Association, 321 S. Plymouth Court.  Our meeting will feature Jennifer Hesse, who is an attorney at the City of Chicago Department of Environment. For more than six years, she has advised and helped to manage the Department’s Division of Permitting and Enforcement. For the past year, she has also served as the Department’s legislative liaison, coordinating with the Mayor’s Office on DOE’s response to legislative matters and supporting DOE’s legislative initiatives that are before the City Council. Prior to joining the City, Jennifer worked on environmental enforcement issues at the New York State Department of Environmental Conservation. Jennifer is a 1996 graduate of the University of Missouri-Columbia School of Law and a 1993 graduate of Eastern Illinois University.

Ms. Hesse will provide background on the Department of Environment, using some real world practical examples of some things that the Department works on. Also, Ms. Hesse will provide an update on the changes that have been made/will be made as a result of the new Emanuel administration.  We invite attorneys of all ages, law students, and interested members of the public to attend this presentation.

(2) Please join us for an Adopt-a-Beach clean-up event on October 1, 2011 from 9:00 am – 12:00 pm at Oak Street Beach, located at 1000 North Lake Shore Drive.  We will conduct litter removal and monitoring and complete beach health assessments.  Please register for the event by clicking here.  Supplies for the clean-up will be provided, but please wear closed-toed shoes and bring water.  If you have any questions, please contact me at dscriven-young@pecklaw.com or Joey Barnett at joey.barnett@yahoo.com.  This is a public event, and we would love to have as many people help as possible.

Stay tuned to the Illinois Environmental Law Blog for more news and developments. To set up a free initial consultation to discuss your legal matter, please contact Chicago environmental attorney Dave Scriven-Young at (312) 239-9722 or dscriven-young@pecklaw.com.





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    The Seventh Circuit Court of Appeals recently upheld the federal government’s ability to criminally prosecute environmental activists who destroy property under the federal Animal Enterprise Terrorism Act (“AETA”).

    In United States v. Johnson, the defendants travelled from Los Angeles, California to a mink farm in Morris, Illinois. The mink farm was in the business of breeding, raising, and selling minks to fur manufacturers. At the mink farm, the defendants released approximately 2000 minks from their cages. They also removed portions of the fence surrounding the mink farm to help the minks escape, and they destroyed the minks’ breeding cards, which were needed to sell the minks to a furrier. In addition, they poured caustic substances on two farm vehicles and spray-painted the words “Liberation is Love” on a barn. The vandalism caused between $120,000 and $200,000 worth of damage. The defendants then began traveling to a fox farm in Roanoke, Illinois, which bred foxes to sell to fur manufacturers. They planned to damage the fox farm as well, but they were arrested by local law enforcement before they arrived at the fox farm. The defendants were charged in state court with possession of burglary tools and were convicted. They were sentenced to 30 months imprisonment.

    Then, the defendants were charged with violating the AETA by the federal government. Count I of the indictment alleged that they conspired to travel in interstate commerce for the purpose of damaging and interfering with the operation of an animal enterprise, and in connection with that purpose, damaged the property of an animal enterprise. Count II alleged that the defendants damaged real and personal property used by an animal enterprise. The defendants moved to dismiss the indictment against them, asserting that the AETA was facially overbroad, was unconstitutionally vague, and violated substantive due process because it labeled persons who committed the act as “terrorists”. The District Court denied the motion to dismiss.

    The Seventh Circuit affirmed the District Court’s ruling that rejected all of the defendants’ arguments. In particular, the defendants suggested that the AETA prohibited advocacy that caused damage to only intangible property such as profits or goodwill. The court rejected that argument and held that the AETA prohibited destruction of or damage to tangible items and property owned by the animal enterprise. In fact, the court looked at the legislative history of the AETA, which reinforced the conclusion that it was not intended to criminalize speech or expressive conduct that caused damage only to the animal enterprise’s profits or goodwill. Several legislators made statements indicating that, while the statute was being passed to combat the violence being perpetrated against animal enterprises as well as people and entities connected to animal enterprises, Congress was aware of the importance of protecting the First Amendment right to engage in lawful protest against animal enterprises. In particular, the court looked at a speech by Senator Feinstein stating: “I fully recognize that peaceful picketing and public demonstrations against animal testing should be recognized as part of our valuable and sacred right to free expression. For this reason, all conduct protected by the First Amendment is expressly excluded from the scope of this legislation. This law effectively protects the actions of the law-abiding protester while carefully distinguishing the criminal activity of extremists.” In summary, the court found that the text of the statute as well as the legislative history made clear that the statute does not criminalize speech or expressive conduct that causes damage only to intangible profits or goodwill of an animal enterprise.

    The Seventh Circuit had an easy task in this case, deciding to interpret the statute to criminalize destructive conduct but keeping the door open to reasonable protests that do not harm private property. Environmental activists need to be aware of this line in the sand that has been drawn by Congress and the courts.
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    1 week ago  ·  

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