Polluting: Lawbreaker Or Not?

Is polluting breaking the law? In short, yes. 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, but also has the authority to create its own regulations. These regulations cover a broad range of areas, including air and water quality, the control of hazardous waste, and limits on greenhouse gas emissions.

The EPA works to enforce these regulations and penalize those who violate them. Punishments for environmental crimes can include criminal fines, probation, and jail time. Fines are often used to deter large corporations from violating environmental laws, as the financial gain from non-compliance can sometimes outweigh the cost of fines.

Fines for breaking pollution laws vary across US states

In the United States, polluting is against the law. Beginning in the 1970s, Congress enacted a set of laws to protect the nation's air, water, and lands from uncontrolled pollution. These laws were in response to the consequences of unregulated industrial development, which had contaminated rivers, air, and land.

The Environmental Protection Agency (EPA) is responsible for carrying out the regulations set forth in the Congressional legislation, and they also have 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.

Even federal penalties vary among regions. In the South (EPA Region 6), the median Clean Water Act penalty is $10,000, while in EPA Region 9 (California, Nevada, Arizona, and Hawaii), the median is over six times higher. The EPA delegates enforcement of federal environmental statutes, such as the Clean Water Act, the Clean Air Act, and toxic substances laws, to state agencies. However, the EPA is supposed to delegate enforcement only to states capable of handling this responsibility and having the authority to impose sufficient penalties.

The degree of disparity in environmental enforcement is concerning. Lenient penalties can lead to lower compliance rates and, ultimately, more pollution and environmental disasters. Disparate enforcement is also unfair, as companies engaging in similar behaviours may pay vastly different fines depending on their location.

To address this issue, the EPA should require states to have more robust penalty provisions and provide better guidance on calculating penalties. Without a uniform system, the discretion allowed results in vastly different penalties for similar conduct.

The Clean Water Act

The CWA establishes the basic structure for regulating discharges of pollutants into the waters of the United States and sets quality standards for surface waters. The Act makes it unlawful to discharge any pollutant from a point source into navigable waters without a permit. Point sources include industrial facilities, municipal governments, and some agricultural facilities.

The CWA introduced the National Pollutant Discharge Elimination System (NPDES), a permit system for regulating these point sources of pollution. The NPDES is managed by the EPA in partnership with state environmental agencies. Under the CWA, the EPA has also implemented pollution control programs, such as setting wastewater standards for industry, and developed national water quality criteria recommendations for pollutants in surface waters.

The CWA was first enacted in 1948 as the Federal Water Pollution Control Act. However, it was significantly reorganized and expanded in 1972, when it took on its modern form and became commonly known as the Clean Water Act. Subsequent amendments and legislation have introduced further changes, including the Clean Water Act of 1977 and the Water Quality Act of 1987.

The CWA also addresses the protection of wetlands and provides funding for publicly owned treatment works to improve wastewater treatment. While the CWA does not directly address groundwater contamination, other legislation, such as the Safe Drinking Water Act and the Superfund Act, include provisions for groundwater protection.

The Environmental Protection Agency (EPA)

The EPA is led by an administrator, appointed by the president and approved by the Senate. The current administrator is Michael S. Regan, who was appointed in 2021 by President Joe Biden. The agency has its headquarters in Washington, D.C., and has regional offices for each of its ten regions, as well as 27 laboratories across the country.

The EPA is responsible for maintaining and enforcing national standards under a variety of environmental laws, in consultation with state, tribal, and local governments. The agency has the power to issue fines, sanctions, and other measures to enforce compliance with environmental regulations. It also works with industries and governments at all levels to implement voluntary pollution prevention programs and energy conservation efforts.

The EPA's responsibilities cover a broad range of environmental areas, including the depth and course of streams, plant life, wildlife habitats, animals, soil quality, air quality, water quality, control of hazardous waste, limits on greenhouse gas emissions, and effects on recreational locations.

The EPA has principal implementation authority for several federal environmental laws, including the Comprehensive Environmental Response, Compensation and Liability Act ("Superfund"), the Emergency Planning and Community Right-to-Know Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the Resource Conservation and Recovery Act, the Safe Drinking Water Act, and the Toxic Substances Control Act.

In addition, the EPA plays a contributing role or provides assistance to other agencies in the implementation of other environmental laws, such as the Endangered Species Act, the Energy Independence and Security Act, the Food Quality Protection Act, the National Environmental Policy Act, and the Pollution Prevention Act.

The EPA has developed various programs to carry out its mission, including the Clean Water State Revolving Fund, which provides grants and loans to municipalities for wastewater and "green" infrastructure, and the Drinking Water State Revolving Fund, which provides financial assistance to local drinking water utilities. The agency also has initiatives like the Energy Star program, which promotes energy efficiency, and the Brownfields Program, which provides grants and tools to local governments for the assessment, cleanup, and revitalization of contaminated sites.

The EPA's efforts to protect human health and the environment have faced challenges, including budget cuts, industry pressure, and political interference. However, the agency continues to work towards its goals of reducing pollution, addressing climate change, and promoting environmental justice.

Environmental crime

In the United States, 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 can be costly for businesses, and some may refuse to comply, choosing to pay governmental fines instead. Other businesses try to hide their non-compliance by dumping hazardous waste into secluded areas.

The FBI works with local, state, and federal partners, including the DOJ Environmental Crime Section, EPA, U.S. Fish and Wildlife Service, and Homeland Security Investigations, to investigate criminal cases against individuals and businesses that have violated U.S. laws intended to protect the environment, human health, worker safety, and animal welfare.

The Environmental Crimes Section (ECS) works closely with criminal investigators to develop evidence to support prosecutions under various statutes. Most environmental crimes require proof of a pollution event and proof of criminal intent. In most cases, the government must show that the defendant acted "knowingly," meaning voluntary and intentional conduct, rather than an accident or mistake.

Examples of environmental crimes include:

• Illegal discharges of pollutants into waterways
• Mishandling of hazardous waste, such as PCBs, resulting in contamination
• Use of outdoor pesticides indoors, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
• Illegal removal, handling, and disposal of asbestos
• Unlawful draining and filling of wetlands, in violation of the Clean Water Act
• Oil spills from ocean-going vessels

The Pollution Prevention Act

In 1970, Congress enacted a set of laws to protect the nation's air, water, and lands from uncontrolled pollution. These laws were in response to the consequences of unregulated industrial development, which had polluted rivers, air, and land. Over time, environmental regulation has been successful in reducing the amount of pollution Americans face daily.

> [any] practice which reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment, or disposal; and reduces the hazards to public health and the environment associated with the release of such substances, pollutants, or contaminants.

The Act includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training, or inventory control.

The Environmental Protection Agency (EPA) is responsible for carrying out the regulations set forth in the PPA. The EPA also has the authority to promulgate additional regulations. The PPA establishes a national policy that the EPA implements, stating that:

• Pollution should be prevented or reduced at the source whenever feasible.
• Pollution that cannot be prevented should be recycled in an environmentally safe manner whenever feasible.
• Pollution that cannot be prevented or recycled should be treated in an environmentally safe manner whenever feasible.
• Disposal or other releases into the environment should only be employed as a last resort and should be conducted in an environmentally safe manner.

The PPA also includes mandates for the EPA, such as developing and implementing a strategy to promote source reduction, providing grants to states for state technical assistance programs, and establishing a database that contains information on source reduction.

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