The United States has a wide range of laws in place aimed at protecting the environment, and it prosecutes individuals and companies that violate these laws. The Environmental Crimes Section (ECS) of the U.S. Department of Justice plays a key role in investigating and prosecuting violations of environmental laws.
It collaborates closely with agencies such as the Federal Bureau of Investigation (FBI), the Environmental Protection Agency (EPA), and the Fish and Wildlife Service to enforce compliance with federal laws aimed at protecting the environment and public health.
Environmental crimes are offenses that endanger the community by dumping, leaking, or introducing toxic chemicals or substances into the environment.
The EPA is responsible for investigating possible environmental crimes. If they discover a violation of environmental laws, an individual or corporation could face criminal prosecution by the United States Department of Justice, leading to substantial fines and even incarceration in a federal prison.
In addition, the court could order anyone accused of certain environmental crimes to pay the costs associated with any cleanup. The Clean Water Act, the Clean Air Act, and the Resource Conservation and Recovery Act are some of the most common federal statutes used to prosecute environmental crimes.
These statutes cover most federal environmental criminal indictments and include oil spills, pollutants discharged into the water, improper disposal of hazardous waste, and asbestos removal. Other statutes include the Marine Protection Act and 33 U.S.C. 1411 Illegal Ocean Dumping.
Environmental cases frequently involve individuals and corporations as defendants. These types of criminal prosecutions demand unique defense strategies that are not applicable to other offenses under federal law, underscoring the complexity of the legal process.
In essence, anyone or any business accused of environmental violations must urgently seek a defense attorney with experience dealing with EPA investigators and who understands the burden of proof standards.
While many laws criminalize behaviors that damage the environment, some are prosecuted more frequently than others. Let's examine the five most prevalent federal environmental crimes and their implications under U.S. law.
Illegal Hazardous Waste Disposal
Hazardous waste disposal is a significant concern under federal law, primarily regulated by the Resource Conservation and Recovery Act (RCRA).
This statute imposes strict requirements on the management, treatment, storage, and disposal of hazardous materials. Businesses that unlawfully discard hazardous waste, such as industrial chemicals or toxic residues, violate federal regulations, putting the environment and human health at considerable risk.
Examples of prohibited conduct include dumping hazardous materials into waterways, abandoning waste in unapproved sites, or falsifying documentation to avoid compliance. Convictions for illegal hazardous waste disposal can result in severe penalties, including substantial fines and prison sentences.
Hazardous materials charges under California Health and Safety Code 25510 HS require handlers, employees, or agents of any type of hazardous materials, such as chemicals or flammable liquids, to immediately contact government authorities who are aware of a spill or other type of release.
Clean Water Act Violations
The Clean Water Act (CWA) aims to prevent water pollution and preserve the integrity of the nation's rivers, lakes, and streams.
It requires entities to obtain permits before releasing known pollutants into navigable waters. Individuals or businesses that discharge unauthorized contaminants, such as chemicals, untreated sewage, or industrial byproducts, may face federal prosecution.
Intentional violations of the CWA are treated as criminal acts. These cases frequently involve companies concealing illegal discharges or falsifying reports submitted to regulators. If convicted, defendants may be subject to imprisonment, large monetary fines, and reputational harm.
Simply put, under the CWA (33 U.S.C 1251-1388 (1972)), the EPA sets pollution control standards for wastewater and quality control standards for surface waters.
The CWA is the basic structure for regulating the discharge of pollutants into the United States waters. The EPA implemented pollution control programs, such as setting wastewater standards for industry.
Clean Air Act Violations
The Clean Air Act (CAA) regulates air pollutant emissions to protect and improve air quality across the United States. Its enforcement applies to industries, manufacturers, and individuals involved in activities that release harmful pollutants, including hazardous chemicals like benzene, asbestos, and carbon monoxide.
Violations of the CAA often stem from unauthorized emissions, failure to install or operate required pollution control technologies, or tampering with emission monitoring systems.
For instance, in recent years, cases involving the illegal alteration of vehicle emissions systems to bypass federal standards have increased. Violations of the CAA carry both criminal and civil penalties.
Defendants may face prosecution if regulators can prove deliberate intent, fraud, or gross negligence in breaching air quality standards.
Simply put, under the Clean Air Act (42 U.S.C. 7401-7671(q) (1970)), the EPA sets national air quality standards for air emissions from both mobile and stationary sources.
The CAA is a comprehensive federal law regulating air emissions. It authorizes the EPA to establish National Ambient Air Quality Standards (NAAQS) to protect public health and regulate the emission of hazardous air pollutants.
Illegal Wildlife Trafficking
Wildlife trafficking involves the unlawful harvesting, trade, or sale of protected plants and animals. Statutes such as the Endangered Species Act (ESA) and the Lacey Act address these acts. Prohibited activities include poaching endangered species, trading in protected wildlife products, and smuggling goods derived from internationally restricted sources.
For example, importing elephant ivory, tiger pelts, or illegally captured exotic birds can lead to criminal charges. The U.S. views wildlife protection as integral to global conservation efforts, and violators often face substantial penalties.
Convictions for wildlife trafficking frequently include imprisonment, forfeiture of property, and fines. Additionally, these crimes can be prosecuted in conjunction with international treaties like the Convention on International Trade in Endangered Species (CITES).
Ocean Dumping and Marine Protection Violations
The Marine Protection, Research, and Sanctuaries Act (MPRSA), also known as the Ocean Dumping Act, strictly regulates the disposal of materials into U.S. Ocean waters. This statute is vital for protecting marine ecosystems from harmful substances, such as chemical waste, dredged material, and sewage sludge. Dumping without appropriate permits or approval is a direct violation of federal law.
Criminal prosecutions under the MPRSA often involve cases where individuals or corporations purposefully dispose of hazardous materials at sea to cut costs. Defendants may also face charges for misrepresentation during the federal permitting process. Penalties include fines, imprisonment, and restitution to address environmental damage.
Simply put, this law outlaws the ocean dumping of many forms of waste, except for those who have obtained a permit. It significantly affects various sectors, including shipping, waste management, and environmental conservation. Violations of the MPRSA can result in significant penalties, both in civil fines and criminal sentencing.
This legislation established a regulatory framework for ocean disposal, requiring permits for dumping activities and setting stringent guidelines to prevent harmful substances from entering the marine environment.
Its creation marked a significant advance in environmental policy, reflecting a broader commitment to preserving oceanic health and biodiversity. MPRSA is now codified in Title 33, Chapter 27 of the U.S. Code.
Defending Against Federal Environmental Crimes
Individuals and companies accused of environmental crimes often face complex investigations led by trained regulators specializing in forensic audits and compliance reviews. Many of these crimes involve not just regulatory breaches but also elements of fraud, willful deceit, or negligent disregard for environmental safety.
Federal prosecutions can result in significant legal and financial consequences. In addition to potential criminal penalties, offenders may also be subject to civil lawsuits, asset forfeiture, and environmental cleanup costs.
For these reasons, if you are under investigation for an alleged environmental crime, your best hope of a favorable and/or lenient outcome is to hire a federal criminal defense attorney with experience in environmental crime defense.
A good attorney will evaluate the charges against you, utilize strategies like evidence suppression and plea negotiations where applicable, gather and present exculpatory evidence, and interface with authorities regarding compliance programs you set in place to show good faith and mitigate penalties.
For more information, contact Eisner Gorin LLP, a federal criminal defense law firm based in Los Angeles, California.
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