Interpreting The Lacey Act's "Due Care" Standard after Settlement of the Gibson Guitar Environmental Enforcement Case

The Department of Justice (DOJ) announced on August 6, 2012 that it reached a Criminal Enforcement Agreement with Gibson Guitar regarding allegations that the high-end U.S. guitar manufacturer has engaged in conduct that violates the Lacey Act, as well as other civil and criminal laws. The Lacey Act prohibits, among other things, trade in wildlife, fish, plants, and plant products that have been taken, transported, or sold in violation of law, including the law of other countries. This settlement is important both because it ends one of the highest profile international environmental enforcement cases brought by the U.S. Government in recent years and because the terms of the Agreement with Gibson set forth a due diligence road map that will help other companies meet the requirements of the Lacey Act when procuring, importing and selling covered products from other countries.