Guess what the most common organizational crimes prosecuted by the federal government in the United States are? Smuggling? Gang violence? No, it is violating environmental laws, according to a 2015 report by the U.S. Sentencing Commission. Environmental crimes can include offenses ranging from illegal animal trafficking to egregious chemical spills. Governments and regulators are already struggling to keep up with the impacts of environmental disasters that occur naturally. Ecological crimes purposefully caused by humans that are damaging the environment and human health need to be a priority for the government. Indeed, environmental laws not only protect the environment, but they protect human health and welfare. That makes enforcement of environmental regulations essential.
Identifying and punishing the parties responsible for environmental crimes is complicated because it can be hard to place blame on a sole party. Many federal environmental laws, such as the Clean Air Act and Clean Water Act, include provisions that make violating stipulated legal regulations a crime. To prosecute an environmental crime, the U.S. Department of Justice (DOJ) has to prove that an organization or individual knows it committed an act that harmed the environment.
The Environmental Protection Agency has a Criminal Investigation Division that investigates violations of federal environmental law. The EPA will recommend cases to the DOJ’s Environment and Natural Resources Division. The Division prosecutes on behalf of the United States under 150 civil and criminal environmental statutes. Many of the cases prosecuted by the Environmental Crimes Section (ECS) of the DOJ are settled out of court. For those that are not, ECS can, in some cases, prosecute violators and issue them criminal fines, among other penalty options.
The Obama administration was focused on improving the Clean Water Act nationwide, therefore the DOJ worked to prosecute violations of the Clean Water Act. In the past, 70% of prosecuted environmental crimes involved water. With the Trump administration’s appointment of Scott Pruitt, many environmentalists worried about how the EPA Director’s past contempt for federal environmental regulations would affect the agency’s investigative arm. There was concern that Pruitt would shift a large part of investigative and enforcement responsibilities to the states, many of which do not have the resources to effectively carry out such tasks to the ability that the federal government does. After Pruitt’s resignation, Andrew Wheeler has become the Acting Director of the EPA, bringing even more uncertainty to how the EPA and the Trump administration will view the importance of prosecuting environmental crimes.
Environmental laws are written and implemented to safeguard and improve not only the natural environment, but also to protect human health and wellbeing. When these laws are not enforced, it can lead to industries committing environmental crimes that have adverse effects on human health. Successful ongoing investigation and prosecution of environmental crimes by the EPA and the DOJ not only protects our environment, but also has the potential to save lives. As the Trump administration continues to roll back environmental regulations, how will this affect the rate of prosecution of environmental crimes? What effect will this change have on ecological and human health?