U.S. Code » Title 18 » Part PART II— CRIMINAL PROCEDURE › Chapter CHAPTER 203— ARREST AND COMMITMENT

18 U.S.C. § 3063

Powers of Environmental Protection Agency

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(a) Upon designation by the Administrator of the Environmental Protection Agency, any law enforcement officer of the Environmental Protection Agency with responsibility for the investigation of criminal violations of a law administered by the Environmental Protection Agency, may—(1) carry firearms;(2) execute and serve any warrant or other processes issued under the authority of the United States; and(3) make arrests without warrant for—(A) any offense against the United States committed in such officer’s presence; or(B) any felony offense against the United States if such officer has probable cause to believe that the person to be arrested has committed or is committing that felony offense.(b) The powers granted under subsection (a) of this section shall be exercised in accordance with guidelines approved by the Attorney General.(Added Pub. L. 100–582, § 4(a), Nov. 1, 1988, 102 Stat. 2958.)
Notes of Decisions
Cited in 3 cases, 2004–2017 · leading case: Garling v. United States Env't Prot. Agency, 849 F.3d 1289 (10th Cir. 2017).
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Garling v. United States Env't Prot. Agency, 849 F.3d 1289 (10th Cir. 2017). “§§ 300f, 300g-2, 300g — 3; 18 U.S.C. § 3063 (granting EPA officers law enforcement authority for the investigation of criminal violations); Hydro Res.”
People v. Carter, 402 P.3d 480 (Colo. Ct. App. 2015). “(citing 18 U.S.C. § 3063 (2000)). ¶ 19 The EPA’s principal functions, however,- consisted of developing, establishing, and enforcing environmental standards.”
People v. Simon, 100 P.3d 487 (Colo. Ct. App. 2004). “However, even in light of the EPA’s statutory authority to arrest or prosecute offenders, we nonetheless conclude the EPA is distinguishable from other entities deemed to be public law enforcement agencies under the statute.”
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