Us Power: Prosecuting Polluters And Corporate Accountability

The US government can and does prosecute polluting companies. The Environmental Crimes Section (ECS) works with the Department of Labor and US Attorneys across the country to safeguard the lives of American workers and ensure the health and safety of its citizens.

The Clean Water Act, the Clean Air Act, the Toxic Substances Control Act, the Resource Conservation and Recovery Act, and the Federal Insecticide, Fungicide, and Rodenticide Act are some of the laws under which the US government can prosecute polluting companies.

The prosecution of corporate crime is a high priority for the Department of Justice. By investigating allegations of wrongdoing and bringing charges where appropriate for criminal misconduct, the Department promotes critical public interests. These interests include protecting the integrity of economic and capital markets by enforcing the rule of law, protecting consumers, investors, and businesses against competitors who gain an unfair advantage by violating the law, preventing violations of environmental laws, and discouraging business practices that would permit or promote unlawful conduct at the expense of the public interest.

The Environmental Crimes Section (ECS)

The ECS focuses on cases that involve "uncontrolled pollution," ensuring that individuals and businesses that intentionally disregard environmental statutes are held accountable for their actions. They work with criminal investigators to gather evidence to support prosecutions under a wide range of statutes, including the Clean Air Act, the Clean Water Act, and the Toxic Substances Control Act. In most cases, the ECS must prove criminal intent by showing that the defendant acted "knowingly."

The ECS also plays a crucial role in safeguarding animal welfare. They work closely with investigative agencies to develop evidence and prosecute individuals involved in dog fighting and other forms of animal cruelty.

Furthermore, the ECS prioritizes worker safety by collaborating with the Department of Labor and U.S. Attorneys to prevent and deter crimes that endanger workers' lives. They actively prosecute violations of worker safety statutes, demonstrating their commitment to protecting American workers.

The ECS's dedication to environmental protection, public health, and worker safety is evident in their handling of various cases. For instance, in United States v. Pass, the ECS prosecuted a company and its owner for mishandling contaminated used oil, resulting in widespread contamination. The defendants pleaded guilty to multiple charges and were sentenced to incarceration, fines, and restitution for clean-up costs.

In summary, the Environmental Crimes Section plays a vital role in enforcing environmental laws, protecting public health and safety, and ensuring that those who violate these laws are brought to justice. Their work spans across the nation, and they actively collaborate with various agencies to uphold environmental statutes and protect workers and animals.

The Clean Water Act

The CWA establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained. The CWA also introduced the National Pollutent Discharge Elimination System (NPDES), a permit system for regulating point sources of pollution.

The CWA does not directly address groundwater contamination. Groundwater protection provisions are included in the Safe Drinking Water Act, Resource Conservation and Recovery Act, and the Superfund Act.

The CWA was one of the United States' first and most influential modern environmental laws. Its laws and regulations are primarily administered by the U.S. Environmental Protection Agency (EPA) in coordination with state governments, though some of its provisions, such as those involving filling or dredging, are administered by the U.S. Army Corps of Engineers.

The CWA has six titles: Research and Related Programs; Grants for Construction of Treatment Works; Standards and Enforcement; Permits and Licenses; General Provisions; and State Water Pollution Control Revolving Funds.

The CWA was first enacted in 1948 as the Federal Water Pollution Control Act, but took on its modern form when it was completely rewritten in 1972. Major changes have subsequently been introduced via amendatory legislation, including the Clean Water Act of 1977 and the Water Quality Act (WQA) of 1987.

The Clean Air Act

The CAA is the comprehensive federal law that regulates air emissions from stationary and mobile sources. It authorises the EPA to establish National Ambient Air Quality Standards (NAAQS) to protect public health and welfare, and to regulate emissions of hazardous air pollutants. The CAA also empowers the EPA to monitor compliance with the law's requirements, seek penalties for violations, and compel regulated entities to comply.

The CAA was initially enacted in 1963 and has been amended many times since, including in 1970, 1977, and 1990. The 1990 amendments were particularly significant, as they addressed four major threats to the environment and public health: acid rain, urban air pollution, toxic air emissions, and stratospheric ozone depletion.

The CAA has substantially reduced air pollution and improved US air quality. The EPA credits the Act with saving trillions of dollars and thousands of lives each year. The CAA's success is also demonstrated by the dramatic reductions in air pollution since 1970, preventing hundreds of thousands of cases of serious health effects annually.

The CAA's regulatory programs include:

• National Ambient Air Quality Standards (NAAQS): These standards govern the acceptable levels of ground-level ozone, carbon monoxide, particulate matter, lead, sulfur dioxide, and nitrogen dioxide in outdoor air.
• National Emissions Standards for Hazardous Air Pollutants (NESHAPs): NESHAPs govern the amount of 187 toxic air pollutants emitted from industrial facilities and other sources.
• New Source Performance Standards (NSPS): NSPS sets rules for equipment required in new and modified industrial facilities.
• The Acid Rain Program (ARP): ARP is an emissions trading program for power plants to control pollutants that cause acid rain.
• Ozone Layer Protection: This program aims to phase out the use of chemicals that harm the ozone layer.
• Mobile Source Programs: These programs regulate pollutants emitted from internal combustion engines in vehicles, including on-road vehicles and non-road vehicles.
• Stationary Source Operating Permits: The 1990 amendments authorised a national operating permit program, requiring large businesses to address, measure, and plan to control and minimise pollutants released into the air.

Violations of the CAA can result in harsh penalties, including felony charges, prison time, and substantial fines.

The Toxic Substances Control Act

The TSCA provides the EPA with the authority to require reporting, record-keeping, and testing requirements, as well as restrictions, relating to chemical substances and/or mixtures. The EPA evaluates potential risks from new and existing chemicals and acts to address any unreasonable risks that these chemicals may pose to human health and the environment.

The TSCA addresses the following:

• Under Section 5, the EPA can require pre-manufacture notification for "new chemical substances" before they are manufactured.
• Under Section 4, the EPA can require testing of chemicals by manufacturers, importers, and processors where risks or exposures of concern are found.
• The EPA can issue Significant New Use Rules (SNURs) when it identifies a "significant new use" that could result in exposures to, or releases of, a substance of concern.
• The EPA must maintain the TSCA Inventory, which contains more than 83,000 chemicals. As new chemicals are commercially manufactured or imported, they are placed on this list.
• The EPA can require those importing or exporting chemicals to comply with certification reporting and/or other requirements under Sections 12(b) and 13.
• Under Section 8, the EPA can require reporting and record-keeping by persons who manufacture, import, process, and/or distribute chemical substances in commerce.
• Under Section 8(e), the EPA can require any person who manufactures, imports, processes, or distributes in commerce a chemical substance or mixture to immediately inform the EPA if they obtain information that reasonably supports the conclusion that such substance or mixture presents a substantial risk of injury to health or the environment.

The TSCA was first introduced to Congress in 1971 but was opposed by industry and environmental groups, leading to a five-year stalemate. The TSCA was eventually passed in response to Congress's growing concerns about the unreasonable risks that chemicals pose to human health and the environment.

The TSCA has faced criticism for its failure to regulate the safe use of chemicals effectively and for its inability to support meaningful action to prevent a patchwork of state policies. However, it has also undergone updates and reforms, such as the Frank R. Lautenberg Chemical Safety for the 21st Century Act in 2016, which was the first major overhaul of the TSCA in many years.

The Rivers and Harbors Act of 1899

The Act is administered by the United States Army Corps of Engineers, although the authority to administer Section 9, which deals with bridges and causeways, was transferred to the US Coast Guard in 1966 due to a conflict of interest. The Rivers and Harbors Act of 1899 remains relevant despite the existence of the Clean Water Act, which regulates similar activities.

Any person or corporation that violates the Rivers and Harbors Act of 1899 may be subject to misdemeanor-level offenses, including a maximum of one year of imprisonment and/or fines up to $100,000 for individuals and $200,000 for corporations. However, violations of specific sections, such as 407, 408, 409, 414, and 415, carry mandatory minimum imprisonment of 30 days. On the other hand, violations of sections 401, 403, and 404 have a mandatory minimum fine of $500, and offenders may face both fines and imprisonment.

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