Latest news with #CodeofFederalRegulations
Yahoo
06-06-2025
- Politics
- Yahoo
A Runner Was Prosecuted for Unapproved Trail Use After the Referring Agency Called It 'Overcriminalization'
When the federal government decided to prosecute mountain runner Michelino Sunseri for using an unauthorized trail while setting a record for ascending and descending Grand Teton in September 2024, it seemed like a good example of a problem that President Donald Trump decried in an executive order last month: "overcriminalization in federal regulations." The National Park Service (NPS) ultimately agreed, saying it was "withdrawing its criminal prosecution referral" after "further review" in light of the president's order. But the Justice Department proceeded with the case anyway, resulting in a two-day bench trial that ended on May 21. That disagreement, revealed in an email chain that Sunseri's lawyers obtained through a Freedom of Information Act request, raises questions about whether prosecutors met their constitutional obligation to share information that would have been helpful to the defense. It also casts doubt on whether the Justice Department is complying with the policy described in Trump's order, which said federal prosecutors should eschew charges involving regulatory crimes unless they have evidence indicating that the defendant knowingly violated the law. That point always seemed doubtful in Sunseri's case. For one thing, he publicized his route up and down Grand Teton with a map that he posted on social media. According to the NPS and the Justice Department, that map showed Sunseri had committed a federal misdemeanor punishable by up to six months in jail. And as WyoFile reporter Katie Klingsporn noted during Sunseri's trial before U.S. Magistrate Judge Stephanie Hambrick in Jackson, Wyoming, the route that the NPS said he should not have taken, known as the "old climber's trail," is "a historic trail so well-used that it's become a skinny singletrack." In fact, Cato Institute legal fellow Mike Fox noted in March, "record holders before Sunseri had used the same trail, and tour guides who charge hefty sums frequently lead hikers up the same route. Only two tiny and ambiguous signs inform the public that the trail is off-limits." One of those signs, at the top of the trail, said "shortcutting causes erosion." The other sign, at the bottom of the trail, said "closed for regrowth." Ed Bushnell, Sunseri's defense attorney, argued that his client was not "shortcutting," since he was using a long-established trail. Bushnell added that it was unclear whether the "closed" notice referred to the area around the sign or the trail beyond it. "There is no clear prohibition there," Bushnell said. "This is not conspicuous signage." Given the evidence that Sunseri did not deliberately violate park rules, the criminal referral was puzzling and controversial. As is typical with regulatory crimes, his prosecution was based on the interaction between the Code of Federal Regulations—a body of law so vast and obscure that even experts can only guess at the number of criminal penalties it authorizes (at least 300,000, they think)—and a more general statute enacted by Congress. Sunseri was charged with violating 36 CFR 21(b), which says a park superintendent "may restrict hiking or pedestrian use to a designated trail or walkway system." It adds that "leaving a trail or walkway to shortcut between portions of the same trail or walkway, or to shortcut to an adjacent trail or walkway in violation of designated restrictions is prohibited." The regulation says nothing about criminal penalties, which are separately authorized by 16 USC 551. That law says violations of "rules and regulations" governing the use of public and national forests "shall be punished by a fine of not more than $500 or imprisonment for not more than six months, or both." By authorizing prosecution for agency-defined offenses, Congress has created a bewildering situation in which the average American cannot reasonably be expected to know when he is committing a federal crime. "This status quo is absurd and unjust," Trump said in his executive order, which he issued on May 9. "It allows the executive branch to write the law, in addition to executing it." In addition to urging prosecutorial restraint, Trump instructed federal agencies to "explicitly describe" conduct subject to criminal punishment under new regulations and prepare lists of regulatory violations that already can be treated as crimes. He also told them to publish plans to "address criminally liable regulatory offenses." In deciding whether to make a criminal referral, he said, agencies should consider factors such as "the harm or risk of harm, pecuniary or otherwise, caused by the alleged offense"; "the potential gain to the putative defendant that could result from the offense"; and "evidence, if any is available, of the putative defendant's general awareness of the unlawfulness of his conduct as well as his knowledge or lack thereof of the regulation at issue." The Interior Department, which includes the NPS, got the message. A week later, Damon Hagan, a deputy solicitor at the department, emailed Assistant U.S. Attorney Ariel Calmes, noting his office's "review of our regulations for compliance" with Trump's order. Hagan added that he "look[ed] forward to further discussions with your supervisors and yourself regarding the Michelino Sunseri matter." Hagan also emailed Adam Gustafson, acting assistant attorney general for the Justice Department's Environment and Natural Resources Division, noting his office's interest in reconsidering the Sunseri case. Three days later, on May 19, Hagan emailed Nicole Romine, chief of the criminal division at the U.S. Attorney's Office for the District of Wyoming, passing along a message "for your situational awareness" from Frank Lands, deputy director for operations at the NPS. "After further review," Lands said, "the National Park Service is withdrawing its criminal prosecution referral in the Michelino Sunseri matter." He noted that the prosecution's most recent plea deal proposal entailed a fine and a five-year ban from Grand Teton National Park. Because "we believe" that represents "an overcriminalization based on the gravity of the offense," he said, "we withdraw our support." Romine was unfazed. "Thank you," she wrote back to Hagan that evening. "We're continuing with the prosecution." Sunseri's trial began the next day. Although Romine and Calmes "had access to this email [from Lands] before trial," Bushnell and co-counsel Alexander Rienzie say in a motion they filed with Hambrick on Wednesday, they "decided not to disclose it to the defense, despite its clear relevance to DOJ authorization, defense strategy and witness impeachment." That failure, Bushnell and Rienzie argue, ran afoul of the prosecution's obligations under Brady v. Maryland, the 1963 case in which the Supreme Court held that criminal defendants have a due process right to see evidence "material" to their guilt or punishment. In the 1995 case Kyles v. Whitley, the lawyers note, the Supreme Court clarified that "a showing of materiality does not require demonstration by a preponderance [of the evidence] that disclosure of the suppressed evidence would have resulted ultimately in the defendant's acquittal." Rather, it is enough that the suppression "undermines confidence in the outcome of the trial," which implies a "reasonable probability" that the evidence might have changed the result. If they had known about the Lands email before Sunseri's trial, Bushnell and Rienzie suggest, they would have called additional witnesses, including NPS Public Affairs Officer Emily Davis. They say they also would have "expand[ed] trial strategy to challenge the institutional legitimacy of the prosecution" and "explore[d] additional selective/vindictive prosecution theories on cross-examination." Those missed opportunities, they say, "collectively undermin[ed] the fundamental fairness of Mr. Sunseri's trial." Bushnell and Rienzie are asking Hambrick, who has not yet delivered a verdict, to admit the email chain as evidence. They are also seeking an evidentiary hearing to address several issues raised by those messages, including a possible Brady violation and "the integrity and authorization of the prosecution itself, in light of the initiating agency withdrawing support." They are curious about "the decision-making process that led DOJ to continue prosecution without agency support" and "the motivation to continue pursuing disproportionate plea terms after NPS withdrawal." Connor Burkesmith, a photographer who documented Sunseri's Grand Teton feat and is working on a film about it, thinks that decision was plainly unfair. "After the National Park Service explicitly withdrew, the prosecution decided to continue on the war path and subpoenaed the park rangers to testify," Burkesmith says in an email. "The trial then proceeded for two days, with [about] 20 federal employees in attendance, wasting countless taxpayer dollars to prosecute a trail runner for running on a trail." This certainly seems like a case that could have been handled with a civil fine rather than a criminal prosecution, or at least with a plea deal less onerous than the one prosecutors offered. "Even after the DOJ was aware of NPS withdrawal of support, on the morning of trial," Bushnell and Rienzie say, Calmes "reiterated an offer of deferred prosecution with 1,000 hours of community service and a ban from Grand Teton National Park—entirely disproportionate to the conduct at question, particularly with the initiating agency no longer supporting prosecution." Sunseri's lawyers "extended a counter-offer modifying community service to 60 hours and replacing the ban with a restriction tied to alleged conduct." It is unclear how Hambrick will respond to Sunseri's motion, how she is inclined to assess his guilt, or what punishment she might think is appropriate. But the fact that his fate will be decided by a single judge (subject to appeal) could affect the ultimate outcome. Hambrick rejected Sunseri's request for a jury trial, which she was allowed to do under a "petty offense exception" that the Supreme Court has atextually carved out of the Sixth Amendment. That amendment says defendants "in all criminal prosecutions" have a right to "a speedy and public trial" by "an impartial jury." In cases like Sunseri's, "the right to a jury trial is of particular importance," Fox argues. "Founding-era jurors were tasked with preventing injustice. Criminal jurors had a civic duty to assess the wisdom, legitimacy and fairness of a given prosecution, and they had the power to acquit against the evidence to prevent injustice. It is doubtful that a jury fully cognizant of its historical powers and duties would convict Sunseri." The post A Runner Was Prosecuted for Unapproved Trail Use After the Referring Agency Called It 'Overcriminalization' appeared first on
Yahoo
06-06-2025
- Business
- Yahoo
Trump brings the BOOM! New order opens skies across US to supersonic flights
President Donald Trump has ordered the Federal Aviation Administration to scrap a longstanding ban on supersonic air travel across the U.S. and replace it with a to-be-determined set of regulations that will allow faster-than-sound travel so long as the sonic booms it creates do not breach certain noise limitations. In an executive order signed on Friday, Trump directed the FAA administrator to begin the process of repealing a section of the Code of Federal Regulations that prohibits anyone in the United States from flying a civilian aircraft 'at a true flight Mach number greater than 1.' That regulation was imposed in April 1973, at a time when the British and French governments were jointly developing Concorde, a supersonic airliner that had a cruising speed in excess of Mach 2, or twice the speed of sound. Because aircraft that break the sound barrier create shockwaves that produce loud sounds, known as sonic booms, the U.S. government banned supersonic flight over the U.S. out of concern over disruptive noise from supersonic jets criss-crossing the country. As a result, Concorde was limited to subsonic speeds when arriving or leaving American airports, only crossing the sound barrier during transit over the Atlantic Ocean on routes between New York's JFK airport and London. Michael Kratsios, the director of the White House Office of Science and Technology Policy, told reporters that Trump's order 'seeks to revolutionize supersonic aviation in the United States' by allowing for modern aircraft to fly faster than sound over the continental U.S. 'The US used to be the global leader in this technology, but stifling regulations have grounded progress for generations. The reality is that Americans should be able to fly from New York to LA in under four hours,' he said. Kratsios added that 'advances in aerospace engineering, material science and noise reduction' by new startups working on faster-than-sound passenger aircraft can make supersonic travel 'safe, sustainable and commercially viable' and noted that the longstanding American ban on such flights had ' grounded supersonic passenger flight and weakened our global competitiveness in aviation.' 'Today's order fixes that,' he said. Trump's order comes just weeks after a pair of Republicans in Congress, Rep. Troy Nehls of Texas and Senator Ted Budd of North Carolina, introduced legislation to direct the FAA to repeal and replace the current supersonic flight ban within a year. That legislation will no longer be necessary, as the Trump executive order directs the FAA to withdraw the ban within 180 days and launch a notice-and-comment period for replacement regulations that would be based on a noise standard rather than a strict speed limit. According to a senior administration official, the function of the new regulations would be 'to replace the effective speed standard with instead an interim noise standard, and then to have a longer term process to publish a Notice of Proposed Rule Making to result in a final rule.' That process would be 'coordinated through the White House [and] through the National Science and Technology Council' and would be based on research and development that has been going on at NASA, the Department of Defense, and 'elsewhere within the federal government,' the official said. Trump's effort to enable supersonic flight across the U.S. follows the success of the first flight of a civilian supersonic aircraft since Concorde 216 (registered as G-BOAF) made its' final flight to Bristol Filton Airport in 2003. In January, Boom Supersonic's XB-1 aircraft reached a speed of Mach 1.122 during a 34-minute flight over California's Mojave Desert. The test flight, just eight days into Trump's second term, produced no audible sonic boom — or at least not one that was heard from the ground during the flight. The company says its' proposed Overture passenger jet will cut a trip from Los Angeles to Washington to three hours and 15 minutes, more than an hour less than the current duration of such a flight, while producing no sonic booms that are audible from the ground. It attributes this to atmospheric effects that cause the sound to reflect off layers in the atmosphere and travel upward, rather than downward. It also claims to be able to cut flights over water by even more time by reaching even higher speeds.
Yahoo
06-06-2025
- Climate
- Yahoo
Surge of salmon-craving anglers expected across CA coast over weekend
SAN FRANCISCO (KRON) — Officials expect a wave of anglers to visit the California coastline over the weekend as the recreational ocean salmon season opens for the first time following a two-year closure. The recreational ocean salmon fishery will be open for two days on Saturday, June 7, and Sunday, June 8. The daily bag limit is two Chinook salmon per day, with a minimum size of 20 inches in total length, according to the California Department of Fish and Wildlife. Due to a low abundance of Chinook, officials are limiting the total recreational harvest in the summer season to 7,000. If the 7,000 Chinook salmon guideline is not met over the June 7-8 weekend, CDFW said another season will open statewide July 5-6, July 31-August 3, and August 25-31, or until the guideline is reached. 'Given the 2-year ocean salmon fishery closure and the short duration of this fishing period, angler participation is expected to be high,' CDFW said. 'Anglers should prepare for crowds and long wait times at public launch ramps and marinas and consider travel, parking, and launch ramp conditions when finalizing plans.' California State Parks doesn't want you collecting sea glass or agates at the beach CDFW field staff will be positioned at dock sites to collect catch and effort information, the department said. The U.S. Coast Guard is encouraging safety on the water and said that due to the anticipated surge of boaters and potential requests for assistance, responses to boating accidents may be delayed. 'All boaters should monitor weather reports and forecasts, heed watches, warnings, or conditions that exceed capabilities of their vessel,' USCG said. 'Additionally, boaters should ensure proper operation of all vessel systems prior to getting underway and ensure carriage of all required equipment and safety gear in accordance with 33 and 46 Code of Federal Regulations.' The Coast Guard said boaters should carry a VHF marine radio for communication. Additionally, all boaters are encouraged to always wear a life jacket and dress for the water temperature, not the air temperature. Sonoma County Regional Parks said that boat launches in the area will be busy and parking lots can fill up by 10 a.m. Boaters should have an alternate destination planned in case a parking lot is at capacity, park officials said. Ocean salmon fishing regulations can be found on the CDFW website. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
28-05-2025
- Business
- Yahoo
FMCSA streamlines regulations on truck routing, civil penalties
WASHINGTON — The Federal Motor Carrier Safety Administration is making changes to two truck safety regulations to eliminate potential red tape and improve consistency and clarity for the industry. In a final rule that takes effect on Friday, FMCSA is repealing for-hire motor carrier routing regulations as they relate to serving municipalities and unincorporated communities, according to a notice posted on Tuesday. 'The purpose of this final rule is to remove an outdated regulation … as it no longer accurately reflects the agency's current statutory authority,' FMCSA stated. The motor carrier routing regulation authorizes freight carriers and freight forwarders to serve points within the commercial zones and territorial limits of municipalities and unincorporated communities. However, federal law does not authorize FMCSA to include routing limitations when granting operating authority to U.S.-domiciled motor carriers, the agency stated, which makes the motor carrier routing regulation obsolete. 'This final rule will remove the obsolete regulation thereby streamlining the CFR [Code of Federal Regulations] and eliminating a source of possible confusion for stakeholders.' Final rules issued by FMCSA are routinely preceded by a notice-and-comment period. That will not happen in this case, because 'retaining regulations that are unlawful is plainly contrary to the public interest,' the notice states. 'Agencies thus have ample cause and the legal authority to immediately repeal unlawful regulations. Furthermore, notice-and-comment proceedings are unnecessary where repeal is based purely on legal analysis. For these reasons, FMCSA finds good cause that notice and public comment on this final rule are unnecessary.' In another final rule posted on Tuesday, a civil penalties schedule update, FMCSA is amending its regulations to remove the reference to rules under the Transportation Department's 'Procedures for Transportation Workplace Drug and Alcohol Testing Program' from the agency's civil penalty schedule. 'Instead, the civil penalty schedule will refer solely to the part of the Code of Federal Regulations where this program is incorporated' into the regulations, FMCSA stated. 'Because the rule does not impose any new material requirements or increase compliance obligations, it is issued without prior notice and opportunity for comment.' The agency explained that removing the reference to DOT's drug and alcohol testing procedures will not affect FMCSA's enforcement programs because any recordkeeping violations relating to testing for controlled substances and alcohol would be cited under a different part of the CFR. 'The amendment made in this final rule serves to remove an erroneous reference and to improve clarity for stakeholders,' FMCSA stated. 'It is technical in nature and does not impose any new material requirements or increase compliance obligations.' FMCSA unveils 18 proposed rule changes DOT takes heat for drug testing certification delays Lawmakers look at expanding FMCSA's power to rein in cargo theft Click for more FreightWaves articles by John Gallagher. The post FMCSA streamlines regulations on truck routing, civil penalties appeared first on FreightWaves.
American Military News
19-05-2025
- Business
- American Military News
Trump reverses major Biden regulations, bans on home appliances
President Donald Trump's Department of Energy announced 'slashes' to 47 government regulations on Monday, including major reversals on former President Joe Biden's ban on gas stoves and standards for other household appliances. In a Monday press release, the U.S. Department of Energy announced that it had implemented the 'first step' as part of the 'largest deregulatory effort in history' by 'proposing the elimination or reduction of 47 regulations that are driving up costs and lowering quality of life for the American people.' The Department of Energy added that once the regulations are eliminated or reduced, the Trump administration's actions are expected to save American citizens roughly $11 billion while eliminating over 125,000 words from the Code of Federal Regulations. In a post on X, formerly Twitter, the Department of Energy tweeted, 'Today, the DOE launched the LARGEST one-day deregulatory action in U.S. history — smashing all records. We slashed the red tape, eliminating 47 regulations. NEVER have so many harmful regulations been removed in ONE SINGLE DAY.' Department of Energy Secretary Chris Wright also released a statement on X, saying, 'The government's purpose is to serve the American people, not limit freedom and dictate choices.' Wright added that the 47 deregulatory actions will ultimately 'strengthen' the choice and freedom of the American people. The Trump administration's actions included cutting dozens of regulations that were imposed by the Biden-Harris administration on household appliances, such as gas stoves, dryers, clothes washers, dishwashers, microwaves, dehumidifiers, shower heads, and faucets. READ MORE: No 'mass loan forgiveness,' Trump admin says in major Biden reversal 'It should not be the government's place to decide what kind of appliances you or your restaurants or your businesses can buy,' Wright told The Washington Free Beacon. 'Everybody wants clean air and wants to lower their energy costs and run their factories good as they can. The big hand of government doesn't actually help that process at all.' Wright added, 'We will look for every way we can to protect freedom of the American worker and pursue President Trump's agenda, get rid of the nonsense, bring back common sense, make life more affordable, and opportunities greater.' The Washington Free Beacon reported that under former Energy Secretary Jennifer Granholm's leadership, the Biden administration implemented dozens of regulations on home appliances as part of the administration's effort to shift Americans away from natural gas and increase the use of electric appliances. In Monday's press release, Wright said that while it would typically take the Department of Energy years to 'remove just a handful of regulations,' the president's administration has 'assembled a team working around the clock to reduce costs and deliver results for the American people in just over 110 days.'
