Environmental Crimes Defense: Protecting Against Federal and State Environmental Charges

Environmental crimes carry some of the harshest penalties in federal law, with prosecutors aggressively pursuing individuals and corporations for violations that can result from regulatory complexity, equipment failures, or simple mistakes. Environmental criminal defense requires specialized knowledge of environmental regulations, scientific evidence, and the intersection of criminal and civil liability. As experienced environmental crime attorneys, we understand that environmental violations often involve technical issues rather than criminal intent, and we fight to protect businesses and individuals from prosecutions that can destroy livelihoods and companies.

Understanding Environmental Criminal Law

Federal Environmental Crime Statutes

Major federal environmental laws with criminal provisions:

Clean Air Act (CAA):

• Air emission violations
• Permit requirement violations
• Monitoring and reporting failures
• Knowing endangerment provisions

Clean Water Act (CWA):

• Water discharge violations
• NPDES permit violations
• Wetland destruction
• Oil spill response failures

Resource Conservation and Recovery Act (RCRA):

• Hazardous waste violations
• Treatment, storage, and disposal violations
• Manifest and record keeping failures
• Underground storage tank violations

Toxic Substances Control Act (TSCA):

• Chemical substance violations
• PCB disposal violations
• Asbestos regulation violations
• Lead-based paint violations

Criminal vs. Civil Environmental Violations

When environmental violations become crimes:

Knowledge Requirements:

• Knowing violations of law
• Knowing endangerment of persons
• Knowing false statements
• Willful blindness doctrine

Felony vs. Misdemeanor:

• Negligent violations (misdemeanor)
• Knowing violations (felony)
• Knowing endangerment (felony)
• Repeat violations (enhanced penalties)

Criminal Penalties:

• Individual fines up to $50,000 per day
• Corporate fines up to $500,000 per day
• Prison sentences up to 5 years
• Enhanced penalties for repeat violations

Common Environmental Crimes

Air Quality Violations

Clean Air Act criminal violations:

Emission Standard Violations:

• Exceeding permitted emission limits
• Operating without required permits
• Tampering with monitoring equipment
• False reporting of emissions data

Asbestos Violations:

• Improper asbestos removal
• Failure to notify before demolition
• Worker protection violations
• Improper disposal of asbestos waste

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