• Supreme Court Tackles Whether a Jury - Rather Than a Judge - Must Approve Criminal Environmental Fines
  • March 26, 2012 | Author: Gregory G. Schwab
  • Law Firm: Saul Ewing LLP - Philadelphia Office
  • Last November the U.S. Supreme Court agreed to review whether certain criminal environmental fines must be approved by a jury rather than imposed by a judge. In the case Southern Union Co. v. United States, Southern Union contends that it should face a fine of $50,000 for a single incident of illegally storing mercury at one of its properties, rather than the $18 million in penalties imposed by a federal judge. The Supreme Court’s decision likely will involve further refinement of its Sixth Amendment jurisprudence regarding the jury trial guarantee.