When the FBI Comes Calling…®
ENVIRONMENTAL CRIMES
WHEN THE FBI COMES CALLING…®
You may be charged with:
ENVIRONMENTAL CRIMES
While the Environmental Protection Agency (EPA) regulates and polices this area of federal law, environmental crime is a unique white collar crime in that many environmental activist groups and individual citizens have extended the eye of government to aid in the identification of corporations, small businesses and individuals that are violating environmental regulations. In the case of a severe violation, the investigating agency, routinely the EPA, often will seek criminal sanctions through the Department of Justice.
An individual or organization may be charged under several statutes containing criminal penalties for wrongful acts committed against the environment.
1. Clean Water Act (33 USC § 1319) - Violation of the Clean Water Act occurs when a person introduces or neglects to report a pollutant or hazardous substance in a body of water, sewer system, or public treatment plant which can cause personal bodily injuries or property damage.
2. Clean Air Act (42 USC § 7413) - Any person who knowingly violates any requirement or prohibition of a government plan for clean air (such as burning waste when it is prohibited) is subject to criminal penalties.
3. Resource Conservation & Recovery Act (42 USC § 6928) - A person who transports any type of hazardous waste without a permit, or who transports waste to a facility that does not have a permit, is subject to criminal penalties. False statements, destroying records, transporting hazardous waste without a manifest, exporting hazardous materials without consent of the receiving country, or failure to report endangerment of the environment due to hazardous waste is a violation under this act.
4. Comprehensive Environmental Response, Compensation and Liability Act (42 USC § 9603) - A person who intentionally destroys or falsifies records that indicate the location or condition of a facility that contains hazardous waste is subject to criminal penalties.
5. Federal Insecticide, Fungicide, and Rodenticide Act (7 USC § 135(d)-136(y)) - A person who intentionally mislabels a pesticide, reveals the formula of a pesticide, or who distributes pesticides without authorization is subject to criminal penalties.
6. Rivers and Harbors Act (33 USC § 407) - This act is also known as the Refuse Act. It is a violation of federal law to throw refuse or discharge waste into the nation's navigable waterways unless permitted.
7. Marine Protection Research and Sanctuaries Act (33 USC § 1401-1445) - This act is also known as the Ocean Dumping Act. Individuals or corporations who unlawfully discharge waste and refuse from vessels into the ocean are subject to criminal penalties.
8. Noise Control Act (42 USC § 4910) - This act prohibits violations of established noise emission standards. Individuals, who import noisy products, remove labels identifying the level of noise a machine produces, or whoever manufactures a product in violation of the standard, are subject to criminal penalties.
So how have the courts interpreted environmental crime violations?
A. The court found that for violation of the Clean Water Act, three years' imprisonment, followed by 5-year term of probation and one-year term of supervised release, as well as a fine of $ 200,000 (a $ 5,000 fine was imposed on each of 40 counts) was proper punishment for the defendant. The stubborn violator ignored government orders to cease dumping for more than a year as he attempted to fill wetlands for expansion of his truck repair business. United States v. Pozsgai, 757 F. Supp. 21 (E.D. Pa. 1991).
B. The court found that prosecution based on asbestos related violations of Clean Air Act and CERCLA does not violate the double jeopardy clause, since both Acts encompass separate offenses requiring differing elements of proof. United States v. Louisville Edible Oil Prods. Inc., 926 F.2d 584 (6th Cir. 1991).
C. One can be subject to criminal penalties even if one did not intend to violate the Clean Air Act. United States v. Fern, 155 F.3d 1318 (11th Cir. 1998).
Potential Punishment:
The potential period of confinement and fine will depend on which of these above mentioned statutes is violated.
Frequently, the prosecuting Assistant U.S. Attorney (AUSA) will secure a Federal Indictment from a Federal Grand Jury and charge a defendant not only with environmental crimes, but also with mail fraud, wire fraud, RICO crimes, or money laundering, and conspiracy to commit the aforementioned crimes. One should also be aware that since 1987 parole has been abolished in the Federal System. Expungement (removal of conviction from public records) is also not available.