Those of you who are more diligent about environmental issues than am I might find Representative Dvorak’s post on the first meeting of the Environmental Crimes Task Force of interest. The task force is led by Senator Kenley and apparently on the agenda is consideration of IC 13-30-6-1.
The law now simply allows a D felony to be charged for any intentional, knowing, or reckless violation of any Indiana environmental law. The concern is that the statute is so overly broad that it could be found unconstitutional under the void for vagueness doctrine, the rule of lenity, and the fair notice requirement of due process.
Anyway, head on over if it’s of interest. The Representative has good links to code cites and case law.
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