Environmental Crime

1970's

"environment decade" - increase in environmental legislation and political support for laws regulating pollution. (100's of environmental protection laws passed by state & federal govt)

environmental justice

"the fair treatment and meaningful involvement of all people regardless of race, color national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies." EPA

EPA enforces criminal and civil laws

1. Clean Water Act and Clean Air Act violations 2. Resource Conservation and Recovery Act violations 3. illegal disposal of waste 4. exporting hazardous waste 5. illegal discharge of pollutants 6. illegal disposal of asbestos 7. illegal importation of chemicals 8. tampering with drinking water supplies 9. mail fraud 10. wire fraud 11. money laundering

3 ways EPA is a protector of Public Health

1. Direct efforts toward educating members of the public about environmental issues. 2. Research programs that investigate how various chemicals and pollutants harm individuals and the environment. 3. Enforcemnt efforts - settlements not only to punish offenders but to deter future offending.

2 assumptions of the federal Environmental Justice Initiative

1. Fair treatment - no group should be disproportionately impacted by pollution 2. meaningful involvement

Criticisms of the EPA

1. an ineffective response to the aftermath of 9/11 2. overregulating rural areas 3. overstepping its boundaries regarding state issues 4. politicizing the science process

Four overlapping ways the actions of the EPA can be characterized

1. as an enforcer of criminal and civil laws 2. as an agency trying to protect public health 3. as an agency aiming to deter future misconduct 4. as a facilitator of fund generation and cost savings.

other terms for illegal dumping

1. fly dumping 2. wildcat dumping 3. midnight dumping

Gerhard Mueller identified problems that hinder the criminal justice response to environmental crime

1. identifying the harm from environmental crimes 2. Determining the amount of "permissible" pollution 3. identifying liability 4. Issues around vicarious liability (holding an employer responsible for employee's actions 5. determining ways to hold corporations liable 6. establishing proof 7. lack of enforcement 8 power abuses 9. changing priorities 10. decriminalization and/or determining the appropriate penalty.

5 significant environmental threats

1. knowing endangerment 2. repeat offenders 3. misuse of federal facilities and public lands 4. need to be prepared for catastrophic events. 4. organized crime entities (mafia)

Three barriers to addressing environmental crime

1. media portrayals of environmental crime 2. evidentiary issues 3. an empirical void

Types of consequences of environmental crime

1. physical costs 2. economic costs 3. community costs

BP's (British Petroleum) Deepwater Horizon oil rig explosion

2010 - by most measures the world's worst oil spill, 8 workers killed.

Federal Water Pollution Control Act

Companies are required to self-disclose to the EPA instances when they have discharged potentially harmful substances into navigable waters. After disclosing can still be assessed civil penalties, fines. Civil not criminal so not a violation of 5th amendment.

Varieties of Environmental crimes

Illegal emissions, illegal disposal of hazardous wastes, illegal dumping, harmful destruction of property and wildlife, environmental threats, environmental state crime, international environmental crimes

$130 million/$250 million/$405 million

Since 1996 EPA cases have recovered more than ??? every year, and the amount was even more than ??? for a few years. In 2015 the EPA cases recovered ??? in fines.

True - to be white collar has to be connected to work or business.

T or F - Not all environmental crimes are white collar crimes

True - victims are often not aware they are victims

T or F Environmental crime has more victims than other crimes.

True - this is due to a. installing incredibly effective equipment, b. an effort to influence policymakers in the way regulations are developed in the future, c. avoid harm to their reputation, d. caution to avoid getting in trouble.

T or F Many companies comply and even overcomply with environmental regulations by polluting significantly less than legally allowed.

Comprehensive Environmental Response Compensation and Liability Act

The Superfund Act was passed in 1980 to fund the cleanup of earlier environmental damage. "clean up past environmental sins"

True - focus on serious threats and high impact-more complex cases results in fewer investigations overall

There has been a downward trend in the number of criminal EPA cases since 1999.

O'Hear taxonomy

Types of harm from environmental crime. 1. immediate physical injury from exposure to harmful products 2. future physical injuries 3. emotional distress 4. disrupted social and economic activities 5. remediation costs 6. property damage 7. ecological damage

Office of Environmental Justice

addresses concerns about environmental racism - EPA opened in 1990's to promote environmental justice activities in the agency.

organized crime entities/groups like the Mafia/the Mob

are believed to be intimately involved in the waste disposal industry.

Resource Conservation and Recovery Act

controls the way hazardous waste is created, monitored and discarded *** "Cradle to Grave provision" requires a manifest system to keep track of waste from creation to disposal.

Environmental Protection agency (EPA)

created in 1970 when President Nixon reorganized several federal agencies to create one federal agency responsible for addressing environmental pollution.

Concern about environmental crime

escalated in the 1970's - a decade long surge of environmental concern.

International environmental crimes

include environmental offenses that cross borders of at least two countries or occur in internationally protected areas.

White Collar Environmental crimes

involve situations where individuals or businesses illegally pollute or destroy the environment as part of an occupational activity

Illegal disposal of hazardous wastes

involves situations where employees or businesses dispose of wastes in ways that are potentially harmful to individuals/environment.

Love Canal Tragedy

one of the most well known environmental crimes involving hazardous wastes.

"environmental organized crime"

phrase describing the Mob's involvement in illegal waste offenses

Illegal Emissions

refer to situations where companies or businesses illegally allow pollutants to enter the environment

environmental state crime

refers to criminal or deviant behaviors by a government representative that result in individuals and/or the environment being harmed by pllutants and chemicals.

Illegal Dumping

refers to situations where employees or busineses dump products they no longer need in sites that are not recognized as legal dump sites.

knowing endangerment

refers to situations where individuals or businesses intentionally mishandle hazardous wastes or pollutants that pose risks to their workers or community members

manifest system

refers to the record keeping process used to monitor hazardous waste from creation to disposal. (part of Cradle to Grave provision of Resource Conservation and Recovery Act)

Superfund Sites

sites selected to use Superfund dollars.

environmental racism

used to describe heightened risk of victimization for minorities. Minorities and minority communities are more at risk for ill effects of environmental crime.