Environmental Crime
Environmental Crime practice requires that we address issues on behalf of our clients that include:
- Defense of criminal enforcement actions issued or instituted by state or federal administrative agencies as a result of alleged violations of environmental laws and regulations
- Defense of criminal actions instituted by state environmental departments of justice (State Attorney Generals) after referral of environmental enforcement actions by state environmental agencies as a result of alleged violations of environmental laws and regulations
- Defense of criminal actions instituted by the U.S. Department of Justice after referral of environmental enforcement actions by the U.S. EPA as a result of alleged violations of environmental laws and regulations
The Environmental Crime matters in which the firm has or attorneys with the firm have been involved include the following:
- Defense attorney in a threatened environmental crimes action by the Colorado Attorney General on the behalf of a chemical blending company related to alleged discharges of chemicals into a city sewer system. Developed the needed technical facts and presented the weaknesses of the opposition’s case. The Colorado Attorney General opted not to pursue charges.
- Defense attorney in a threatened environmental crimes action by the DOJ on the behalf of a chemical blending company related to alleged discharges of chemicals into a city sewer system. Developed the needed technical facts and presented the weaknesses of the opposition’s case. The DOJ opted not to pursue charges.
- Defense attorney in a threatened environmental crimes action by the U.S. Department of Justice on the behalf of an automobile recycling and salvage operation related to RCRA disposal issues, alleged RCRA regulatory violations and alleged groundwater issues. Negotiated with the Assistant U.S. Attorney, assimilated technical-legal facts, investigated alleged regulatory violations and developed defense strategies. The U.S. DOJ opted not to pursue criminal action one week prior to assembling the grand jury.
- Defense attorney in an environmental crimes action by the Colorado Attorney General on the behalf of an automobile recycling and salvage operation related to RCRA disposal issues, alleged RCRA regulatory violations and groundwater issues. Conducted pretrial motion hearings and discovery. Case was settled.
An environmental crime is the willful, knowing or intentional violation of environmental regulations and statutes. In the case of the Clean Water Act, an environmental crime could simply be negligent violation of that Act or a regulation authorized by that Act. An Environmental crime nearly always involves the risk of imprisonment. If it can be proved that the alleged environmental statute or regulation was not violated, then an environmental crime has not been committed.
EPA’s Criminal Enforcement Program focuses investigative resources on the cases that involve negligent, knowing or willful violations of federal environmental laws. Usually, knowing violations are those that are deliberate and not the product of an accident or mistake. Knowledge of the specific regulations or statutes that prohibit the wrongful conduct is not a requirement. When the violator is aware that the wrongful conduct is against the law, the violation is said to be willful.
The United States Department of Justice’s (USDOJ) Environment and Natural Resources Division (ENRD) has 40 prosecutors whose job it is to enforce federal environmental laws, including the Clean Air Act, the Clean Water Act, the Lacey Act, the Resource Conservation and Recovery Act, and the Endangered Species Act, among other statutes.