I had the great honor of representing a young woman before the grand jury on a matter in which her father and the family dairy farm were being investigated for environmental criminal activity. During these proceedings, the neighbor of the dairy farm under investigation filed suit against the family alleging that the discharge under criminal investigation caused the death of several of her horses. Several weeks ago,
I found out that the USEPA was not, at this time, going to pursue criminal sanctions against the dairy farm or its owner. That is pretty incredible, in and of itself.
However, this is the incredible part. Those of you who practice in the criminal area are familiar with Rule 6 of the Federal Rules of Criminal Procedure