Federal Environmental Law: Criminal Or Civil Offense?

Environmental crimes are a broad category of offenses that include timber and wildlife trafficking, illegal fishing, illegal waste trade, pollution, and animal cruelty. The United States government regulates activities that impact the environment through a complex scheme of statutes and agency regulations. The Environmental Protection Agency (EPA) is responsible for carrying out the regulations set forth in Congressional legislation and has the authority to create additional regulations. Compliance with environmental regulations can be costly for businesses, and some may refuse to comply, choosing to pay governmental fines instead. The EPA works with the Department of Justice (DOJ) to enforce environmental laws and take criminal enforcement action against violators. The Environmental Crimes Section (ECS) of the DOJ brings criminal cases against individuals and corporations that have violated laws designed to protect the environment, with most environmental crimes requiring proof of a pollution event and criminal intent.

Penalties for environmental crimes

Environmental crimes are violations of federal criminal laws intended to protect the environment. The Environmental Protection Agency (EPA) is responsible for enforcing these laws and regulations.

Civil and Criminal Enforcement

The EPA will take civil or criminal enforcement action against violators of environmental laws. Criminal enforcement is usually reserved for the most serious violations, which are willful or committed with knowledge of wrongdoing. Civil liability arises from the existence of an environmental violation, whereas criminal liability requires some level of intent.

Penalties

Criminal penalties for environmental crimes include federal, state, or local fines imposed by a judge, as well as imprisonment. In addition, the defendant may be ordered to pay restitution to those affected by the violation. For example, a defendant may be ordered to pay a local fire department the cost of responding to and containing a hazardous waste spill. Imprisonment is the main factor that distinguishes criminal law from civil law.

Civil penalties are monetary assessments paid by a person or entity due to a violation or non-compliance. These penalties aim to incentivize compliance with environmental statutes and regulations, as well as compensate for the seriousness of the violation. Civil penalties can also include additional actions to improve the environment.

Examples of Environmental Crimes and Their Penalties

Clean Water Act (CWA)

The Clean Water Act regulates the "waters of the United States" and criminalizes dumping waste, debris, and other forms of water pollution. A criminal violation of the CWA can be charged as a felony or a misdemeanor, depending on whether the defendant acted with criminal intent or negligence. A misdemeanor conviction carries up to a year in prison and a $25,000 fine per day of violation, while a felony conviction carries up to three years and a $50,000 fine per day.

Clean Air Act (CAA)

The Clean Air Act regulates air quality in the US and criminalizes, among other things, operating a building or vehicle that emits hazardous air pollutants. Most knowing violations of the CAA carry up to five years in prison and a fine. Negligently releasing hazardous air pollutants that put others in danger of death or serious injury is a misdemeanor, while knowingly doing so is a felony punishable by up to 15 years in prison and a $1 million fine.

Toxic Substances Control Act (TSCA)

The TSCA regulates the production, importation, use, distribution, and disposal of dangerous chemicals and substances. Individuals can be prosecuted for unlawfully producing, using, or distributing regulated chemicals for commercial purposes, failing to meet federal standards for disposal, failing to maintain records or submit reports, or failing to permit an inspection. A person who knowingly and willfully violates the TSCA can be charged with a misdemeanor, punishable by up to one year in prison and a fine for each day of violation. If the violation puts others in danger of death or serious injury, the penalty increases to up to 15 years in prison.

Resource Conservation and Recovery Act (RCRA)

The RCRA regulates the disposal and transportation of hazardous waste, used oil, and debris. Criminal violations arise from improper handling or disposal of hazardous waste, as well as failures to comply with reporting requirements or compliance orders. Most offenses are punishable by up to two years in prison and fines. Knowingly transporting, treating, storing, or disposing of hazardous waste without a permit is punishable by up to five years in prison and $50,000 in fines for each day of violation.

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

FIFRA regulates the manufacture, distribution, and use of pesticides in the US. Most violations are misdemeanors, and penalties depend on the individual or corporation involved and the pesticide in question. A registered producer or a producer who knowingly violates FIFRA can be sentenced to one year in prison and up to $50,000 in fines.

Civil vs criminal enforcement

The US government regulates activities that impact the environment through a complex scheme of statutes and agency regulations. The Environmental Protection Agency (EPA) is responsible for carrying out the regulations set forth in Congressional legislation and has the authority to promulgate additional regulations. Compliance with environmental regulations usually requires businesses to incur significant overhead costs. To avoid these costs, some businesses refuse to comply with the regulations, choosing instead to pay governmental fines.

The EPA will take civil or criminal enforcement action against violators of environmental laws. Criminal and civil enforcement differ in several ways. Environmental civil liability is strict; it arises through the existence of the environmental violation, regardless of what the responsible party knew about the law or regulation they violated. Environmental criminal liability, on the other hand, requires some level of intent. As a result, most of the environmental crimes that the EPA investigates involve "knowing violations" of the law. In a "knowing violation", the person or company is aware of the facts that create the violation. A conscious and informed action brought about the violation. In contrast, a civil violation may be caused by an accident or mistake.

The standard of proof for civil liability is based on "the preponderance of the evidence", meaning that the evidence presented is more likely to be true than not true. Criminal guilt, on the other hand, must be established "beyond a reasonable doubt", a higher and stricter standard than the civil liability standard. Criminal prosecutions can result in prison sentences, which is the main factor that distinguishes criminal law from civil law. If a civil defendant is found liable or agrees to a settlement, the result can be injunctive relief (actions required to correct the violation and come into compliance) and/or additional actions taken to improve the environment. If a criminal defendant is convicted or pleads guilty, the result can be a monetary fine paid to the U.S. Treasury and/or restitution (reimbursing the government for the cost of cleanup or response, or compensating for the harm caused by the violation).

The Clean Water Act, Clean Air Act, and Resource Conservation and Recovery Act (RCRA) are among the most common statutes enforced by the EPA. The Clean Water Act provides for criminal penalties for falsely discharging a pollutant without a permit or in violation of a permit, while the Clean Air Act prohibits knowingly violating monitoring, record-keeping, or reporting requirements. The RCRA pertains to the hazardous waste, with criminal provisions including knowingly causing hazardous waste to be transported to an unpermitted facility or knowingly causing hazardous waste to be treated or disposed of without a permit.

The Environmental Protection Agency's (EPA) role

The Environmental Protection Agency (EPA) is responsible for the protection of human health and the environment. It was created on December 2, 1970, by President Richard Nixon. The EPA's mission is to ensure that Americans have clean air, land, and water, and that federal laws protecting human health and the environment are enforced fairly and effectively.

The EPA plays a crucial role in enforcing environmental laws and ensuring compliance with environmental requirements. When warranted, the EPA takes civil or criminal enforcement action against violators of environmental laws. The agency works closely with criminal investigators from various agencies to gather evidence and support prosecutions under a broad array of statutes. Most environmental crimes investigated by the EPA involve \"knowing violations\" of the law, where the person or company is aware of the facts that create the violation. Examples of such violations include intentional decisions to dispose of or dump pollutants into a river without a permit or failing to install required air pollution control devices.

The EPA also provides technical assistance to support recovery planning for public health and infrastructure, such as wastewater treatment plants. They offer long-term cleanup assistance to minimize public health threats, including environmental sampling, monitoring, site assessment, decontamination, and disposal. Additionally, the EPA engages in environmental surveillance and shares information with other countries, private sector organizations, academic institutions, and other agencies to address environmental issues.

Furthermore, the EPA develops and enforces regulations to implement environmental laws enacted by Congress. The agency often sets national standards that states and tribes enforce through their own regulations. If they fail to meet these standards, the EPA provides assistance and helps companies understand the requirements. The EPA's enforcement actions include civil administrative actions, civil judicial actions, and criminal actions, with settlements and penalties designed to promote compliance and deter future violations.

Overall, the EPA plays a vital role in protecting human health, safeguarding the environment, and ensuring compliance with environmental laws and regulations in the United States.

Examples of knowing violations

Breaking federal environmental law is a crime in the United States. The Environmental Protection Agency (EPA) is responsible for enforcing the regulations set out in the Congressional legislation.

Most environmental crimes that the EPA investigates involve "knowing violations" of the law. In a "knowing violation", the person or company is aware of the facts that create the violation. A conscious and informed action brought about the violation.

• An intentional decision to dispose of or dump pollutants into a river without a permit.
• Failing to install a required air pollution control device.
• Improperly removing and disposing of asbestos.
• Falsifying lab data pertaining to environmental regulations.
• Committing fraud relating to environmental regulations.
• Unlawfully discharging accumulated wastewater directly overboard from a ship.
• Failing to record the transfer, storage, and disposal of oil in a vessel's oil record book.

Environmental crimes and white-collar crime

Environmental crimes are a serious threat to the well-being of animals, ecosystems, and people. In the United States, environmental law violations are characterized as a form of white-collar crime. These crimes are often committed by individuals or organizations that violate state or federal regulations, such as illegal waste dumping, moving hazardous waste out of the country, and taking actions that affect the water supply.

The Environmental Protection Agency (EPA) is responsible for enforcing environmental regulations and ensuring compliance with environmental requirements. EPA investigations into environmental crimes often involve "knowing violations" of the law, where the person or company is aware of the facts that create the violation. Criminal liability in environmental crimes is triggered by some level of intent, and these cases are treated as felonies.

White-collar environmental crimes can also include conspiracy schemes or fraud committed to violate environmental laws. Transnational criminal networks have embraced environmental crimes as an emerging black market with low risks and high profits. These crimes can include tax fraud, money laundering, internet crimes, securities fraud, and financial crimes.

The consequences of environmental crimes can be severe, with violators facing fines, probation, jail time, or a combination of these penalties. In the case of individuals, sentences of jail time are common, while corporations typically face stiff fines.

The Environmental Crimes Section (ECS) plays a crucial role in prosecuting federal pollution crimes. ECS attorneys work closely with criminal investigators to gather evidence and present cases to a grand jury for indictment. The prosecution of environmental crimes aims to deter illegal behavior, ensure environmental stewardship, and protect communities disproportionately affected by pollution.

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