The comprehensive environmental response, compensation, and liability act cercla is the law that was passed by congress on december 11, 1980 to form what is commonly known as superfund. Krent iit chicagokent college of law follow this and additional works at. Jan, 2014 by craig coscarelliin a vote that may not be historic but is still very important and a sign of the times, the us sentencing commission earlier yesterday voted to publish proposed amendments to the federal sentencing guidelines which include an acrosstheboard reduction in the sentences recommended for all drug offenses. Its always hard for the federal government to admit its mistakes, especially when they have ruined tens of thousands of lives, devastated innercity neighborhoods and cost taxpayers billions of dollars.
As part of its ongoing mission, the united states sentencing commission provides congress, the judiciary, the executive branch, and the general public with data extracted from and based on sentencing documents submitted by courts to the commission. The intent of the attached document is to provide a comprehensive sidebyside comparison of the rcra corrective action and the cercla remedial action processes. Amendment to the sentencing guidelines for crack cocaine offenses. The commission establishes sentencing policies and practices for the federal courts. Sentencing commission preliminary crack cocaine retroactivity report. Sentencing commission grants full retroactivity for. Under the retroactive bill for the cocaine crack laws will. Todays vote could shorten sentences for tens of thousands of people who are already incarcerated and. Sentencing commission says more than 26,000 federal drug offenders have received shorter prison termsbecause of sentencing guideline changes put in place two years ago. Sentencing commission makes crack cocaine sentencing.
The vote adds retroactivity to a change made in april to the u. Sentencing commission has unanimously voted to make adjustments to the. Cercla and epcra continuous release reporting us epa. Sentencing commission voted friday to make a sweeping change to drug sentences retroactive. Divided court says sentencing guidelines must be those in effect at the time of crime. On behalf of the sentencing project, i am writing in response to the commissions request for comments on whether the 2014 drug guidelines amendment, which would lower by two levels the base offense levels in the drug quantity table across drug types in guideline 2d1. Sentencing commission approves retroactivity for drug. Retroactivity analyses and data reports sentencing commission. The commission has also identified the resulting disparity as the single most important factor in longer sentences for blacks compared to other racial groups. A critical appraisal of cerclas retroactive liability scheme in light of landgraf v. Yelin introduction the comprehensive environmental response, compensation and liability act cercla1 is noted for its strict, joint.
The fair sentencing act changed a regime that essentially treated one gram of crack cocaine as the equivalent of 100 grams of powder cocaine. Cercla liability is strict, joint and several, and retroac. Sentencing commission voted to retroactively apply the new penalty scheme for crack offenses it developed in response to a reform bill that congress approved at the end of last year. New york retroactive application of the fair sentencing act.
As a result, the fund, which once had a balance of six billion us dollars, was depleted by 2004, slowing the cleanup at the remaining superfund sites, and leaving taxpayers to foot the bill for subsequent cleanups. The united states sentencing commission cast a historic vote today to allow 46,290 federal drug prisoners to petition for sentence reductions. Crackcocaine offenders sentences reduced under new federal rules. And what is the name of the motion and what is the name of the motion submitted. Human rights watch comments on us sentencing commission consideration of retroactivity of proposed amendments to the drug quantity table in the us federal. Date for determination of retroactivity is the date of the. Apr 17, 2012 the fair sentencing act changed a regime that essentially treated one gram of crack cocaine as the equivalent of 100 grams of powder cocaine.
Summary of the comprehensive environmental response. After change, range contains mandatory minimum penalty. Sentencing commission submitted to congress several amendments to the federal sentencing guidelines, one of which. Sentencing commission releases longawaited report on.
Sentencing commission voted to retroactively apply an amendment approved earlier this year by the u. The united states sentencing commission can recommend. Like the initial change, this was intended to address federal prison. Sentencing commission has repeatedly advised congress since 1995 that there is no rational, scientific basis for the 100to1 ratio between crack and powder cocaine sentences. According to the united states sentencing commission, this one change may reduce. Given these concerns, this article provides alternatives to cerclas continued retroactive application. Supreme court bars retroactive application of sentencing guidelines. Supreme court bars retroactive application of sentencing. Comment on 2014 drug guidelines amendment retroactivity the. It reduced that ratio to about 1 to 18 and thus raised.
The sentencing commission s report on cocaine sentencing is valuable for drug policy analysts because of the data it provides on sentencing outcomes for a range of drug offenses. Retroactive changes in crack cocaine sentencing laws mean. United states, is neither historically grounded nor constitutionally compelled. Panel makes crack term guidelines retroactive reuters.
Sentencing commission makes crack cocaine sentencing reductions retroactive posted on july 1, 2011 august 5, 2014 by marcia shein in a major win for criminal defendants nationwide who have been sentenced for federal drug offenses involving crack cocaine, the u. Cercla, on the other hand, comes into play when mismanagement occurs or has occurred i. Natural resource damages nrd litigation under cercla prepared for bar association of erie county environmental law update 2009 may 8, 2009 r. Under the retroactive bill for the cocaine crack laws will offenders be able to file a motion for a sentence reduction. But when peugh was sentenced in may 2010, the range had been toughened to 70 to 87 months. In 2002, the bush administration decided to shift this tax burden from industry to the taxpayers. Reconsidering cercla retroactivity after landgraf v usi film products nicole m. Cercla created a tax on the chemical and petroleum industries and required that the money collected be used to clean up hazardous waste sites throughout the country. March 2018 this publication analyzes recidivism among crack cocaine. The holder of an unpatented claim has superior rights as against third parties but not as against the united states, which retains paramount title. The commissions report analyzed recidivism rates of. The united states sentencing commission can recommend sentencing retroactivity in 2007 the united states sentencing commission recommended retroactivity after they made changes in cocaine sentencing.
Comment on 2014 drug guidelines amendment retroactivity. As part of its ongoing mission, the united states sentencing commission provides congress, the judiciary, the executive branch, and the general public with data extracted and. Sentencing commission makes crack sentence changes. In april 2014, the united states sentencing commission reduced drug trafficking severity levels by two levels. A comparison of the rcra corrective action and the cercla.
Retroactive changes to federal crack cocaine sentencing laws should mean early release for approximately 12,000 federal prisoners. Human rights watch comments to the us sentencing commission. Illinois governors criminal justice and sentencing commission. Changes lead to shorter sentences for 26,000 drug defendants. To assist you with reporting continuous releases, epa has. The united states federal superfund law is officially known as the comprehensive environmental response, compensation, and liability act of 1980 cercla. March 2020 these reports present data on federal cases in which a motion for a. As part of its ongoing mission, the united states sentencing commission provides congress, the judiciary, the executive branch, and the general public with data extracted and analyzed from sentencing documents submitted by courts to the commission. Definition of release how is the term release defined. Supreme court weighs whether law reducing crack cocaine. Sentencing commission is an independent agency in the judicial branch that was created as part of the sentencing reform act of 1984. The united states, however, sought to recover the cleanup costs it had expended from crowley, 14 who was both the trustee and the beneficiary of the trust.
When congress originally enacted cercla in 1980, it gave the state and federal governments a strong arsenal of tools to respond to actual or threatened releases of hazardous substances. In the case of fair sentencing act retroactivity, ussc. Today in an historic vote, the commission agreed to allow prisoners serving crack cocaine sentences to seek sentence reductions that went into effect on november 1. Part of the courts commons, criminal law commons, legislation commons, and the supreme court of the united states commons recommended citation. This week, the united states sentencing commission put out a report, recidivism among federal offenders receiving retroactive sentence reductions, that confirms the arguments of those in favor of retroactive application of the fair sentencing act. Plan, originally prepared under the federal water pollution control act, 33 u. The federal superfund program, administered by the u. That was predicted to lower the sentences of about 19,000 people. Given the absence of any direct statement or necessary implication to the contrary, we reaffirm our finding that the fsa does not apply retroactively, and further find that the relevant date for a determination of retroactivity is the date of.
Retroactivity and crack sentencing reform harold j. The continuous release reporting regulation provides a reduced reporting option for facilities that release hazardous substances in a manner that is continuous, and stable in quantity and rate. Retroactive application of the fair sentencing act fsa which became law in 2010 and reduced the sentencing disparity for crack and powder cocaine from 100to1 to 18to1 has been a hotly contested issue in the criminal justice space. While statutory mandatory minimums remain in place, this is still a promising turn of events for advocates of saner sentencing policies. The commissions order is still subject to interpretation by the courts, which will decide if prisoners. Sentencing commission promulgated less onerous sentencing guidelines for crack offenses.
Broad structures and issues to consider presentation by david e. Injunctive and declaratory relief for states under cercla. The united states sentencing commission cast a historic vote today to allow 46,290 federal drug prisoners to petition for sentence. Us sentencing commissions decision on retroactivity of the crack. This article concludes that cerclas retroactivity is not only intuitively unfair, but is also unconstitutional. Sentencing commission that lowers federal guidelines for sentencing persons convicted of drug trafficking offenses. Environmental protection agency epa is designed to investigate and clean up sites contaminated with hazardous substances.
Aug 07, 2014 further, the sentencing commissions retroactivity decision will not be an automatic process, just as sentence reductions for crack cocaine offenses were not automatic under the fair sentencing act of 2010. The primary concern from those opposed to retroactivity, including attorney general jeff sessions, is that. Crackcocaine offenders sentences reduced under new. Jul 18, 2014 sentencing commission grants full retroactivity will allow 46,290 people to petition for reduced sentences media contactmike riggs, famm communications directoro. The agency reserves the right to act at variance with these policies and procedures and to. Reconsidering cercla retroactivity after landgraf v. Application ofthe cercla municipal landfill presumptive remedy to militarv landfills december 1996 pdf. Injunctive and declaratory relief for states under cercla adam babich and kent e. Sentencing commission grants full retroactivity will allow 46,290 people to petition for reduced sentences media contactmike riggs, famm communications directoro. It is a motion for post conviction relief asking the court to redetermine the sentence based on the new law passed by the us sentencing commission that the crack cocaine sentencing.
United states environmental protection agency office of solidwesle and emergency response. If the commission decides its amendment should be retroactive, then the. Sentencing commission preliminary crack cocaine retroactivity data report. Planning a respons published by tu law digital commons, 1991. A leading case on trustee liability under cercla is 21 elr 4 united states v. By craig coscarelliin a vote that may not be historic but is still very important and a sign of the times, the us sentencing commission earlier yesterday voted to publish proposed amendments to the federal sentencing guidelines which include an acrosstheboard reduction in the sentences recommended for all drug offenses. Sentencing commission, cocaine and federal sentencing policy, feb. This reduced reporting is also applicable to releases of ehss under epcra section 304.
If adopted by the commission, retroactivity would reduce the sentences of about 12,000 federal prisoners by an average of three years. The sky didnt fall when the ussc extended justice to all. Ussc estimates 46,000 offenders may benefit from retroactive application, and the average sentence reduction would be approximately 18 percent 25 months. Sentencing commission, marc mauer argued that the federal sentencing guidelines for crack cocaine should be applied retroactively for individuals currently in prison. Krent this article argues that the strong presumption against retroactive application of reduced punishments articulated in the supreme courts recent decision, dorsey v. This category includes epa penalty policies under which epa can seek various types of penalties and damages for noncompliance with an administrative agreement or order, or judicial consent decree. Analysis of the impact of the crack cocaine amendment if made retroactive. Fair sentencing act american civil liberties union. Retroactivity will affect 19,500 federal prisoners, almost 2,520 of whom could be. Sentencing commission released a muchanticipated report on the disparity in sentences for crack and powder cocaine offenses u. Most disturbingly, because the majority of people arrested for crack offenses are. The guidelines in place at the time of his crimes called for a sentencing range of 30 to 37 months.
Human rights watch comments on us sentencing commission. Mcginnist congress hurriedly enacted the comprehensive environmental response, compensation and liability act cercla71 in the closing days of a lameduck congress and in the wake of the love canal and valley of the drums scandals. International criminal organizations are getting evermore powerful from the money generated by the criminal drug trade. Comparison of the rcra corrective action and cercla remedial action processes, prepared by the office of environmental guidance, rcracercla division eh231.
Cercla is at bare minimum, the legal title holder and does not need to engage in the operations or oversight of the facility or the release of the hazardous substance at issue to be held liable. Human rights watch comments to the us sentencing commission on. Apr 05, 2011 given the absence of any direct statement or necessary implication to the contrary, we reaffirm our finding that the fsa does not apply retroactively, and further find that the relevant date for a determination of retroactivity is the date of the underlying criminal conduct, not the date of sentencing. If the courts were to grant the full reduction possible in each. Oct 25, 2011 under the retroactive bill for the cocaine crack laws will offenders be able to file a motion for a sentence reduction. Sentencing commission said the retroactivity will take effect on march 3, 2008, but not every prisoner currently serving time for crack cocaine offenses will be eligible for a lower. Recidivism among federal offenders receiving retroactive sentence reductions. This official press release effectively summarizes and contextualizes. In july 2014, the united states sentencing commission made the april 2014 guidelines reductions retroactive. Long criticized as racist in application, congress voted last year under the fair sentencing act to change sentencing guidelines which called for stiffer sentencing on crack cocaine offenses than powder cocaine crimes. Sentencing commission approves retroactivity for drug offense sentence reductions.