Brian Barton
Many individuals and corporations have been convicted of pollution crimes, which are prosecuted in federal court. Pollution crimes are often driven by a high-reward, low-risk business model, where criminals exploit regional inequalities such as labour costs, weak environmental legislation, and law enforcement capacity. In 2020, the EPA opened 247 new criminal cases, including a Michigan company and its owner, who were sentenced to a year in prison for storing hazardous waste, and a defendant who was sentenced to 7 years for defrauding the EPA out of renewable fuel credits for his biofuel business. In 2018, Interpol reported over 1,500 marine pollution violations, resulting in fines and prosecutions for numerous cases. In addition, individuals have been convicted of environmental crimes under the Toxic Substances Control Act (TSCA) and the Clean Water Act (CWA), with penalties including prison time and fines. For example, James Liang, a VW engineer, was sentenced to 40 months in federal prison for his role in the VW emissions scandal.
| Characteristics | Values |
|---|---|
| Pollution crimes | Maritime pollution, illegal dumping, illegal disposal of waste, unlawful recycling operations, air pollution, water pollution, soil contamination, oil spills |
| Convictions | Fines, prison sentences, community service, environmental compliance plans, probation |
| Enforcement | EPA, DOJ, Interpol, federal court, US district court, grand jury |
| Motivations | Cost-cutting, profit, regional inequalities, organised crime |
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What You'll Learn
Pollution crimes are driven by a high-reward, low-risk business model
Environmental crimes, including pollution crimes, are prosecuted in federal court. Pollution crimes are often driven by a high-reward, low-risk business model, where criminals exploit regional inequalities, such as labour costs, weak environmental legislation, and law enforcement capacity. These global inequalities create criminal opportunities for hazardous substances to be trafficked between countries and/or illegally disposed of on land, in rivers, or at sea, to cut costs or gain profit.
An INTERPOL report revealed that the proceeds from the 27 pollution crime cases examined amounted to half a billion US dollars, with individual cases ranging from USD 175,000 to USD 58 million. The average cost of cleaning up and decontaminating these illegal pollution sites was USD 15.6 million. The high profitability of these crimes is further exacerbated by the challenges in policing them, limited prosecutions to date, and the lack of specialised training among law enforcement agencies.
To maximise profits, perpetrators of pollution crimes often commit a series of document frauds and financial crimes, including tax evasion and money laundering. In some cases, they may also bribe, extort, or defraud public officials to facilitate their illegal activities. These crimes are often committed by legitimate companies that shift towards illegal business practices to increase their profit margins, sometimes without the knowledge of their linked businesses.
The high-reward aspect of pollution crimes is evident in the substantial gains that can be made by avoiding the costs of treatment equipment and disposal fees. For example, in March 2013, a Coast Guard inspection revealed that a ship operated by Diana Shipping Services S.A. had heavy oil sludge in the piping on the discharge side of the pollution prevention equipment, indicating potential violations of the Act to Prevent Pollution from Ships (APPS). As a result, the company was ordered to pay a $1.1 million fine and implement an environmental compliance plan.
To combat pollution crimes effectively, national enforcement agencies should undertake systematic data collection and analysis on the companies and criminal networks involved. By focusing on high-value targets and prioritising pollution enforcement, law enforcement can disrupt criminal networks and prevent further harm to the environment and communities affected by these crimes.
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The Clean Air Act (CAA) and its impact
The Clean Air Act (CAA) is the primary federal air quality law in the United States, aimed at reducing and controlling air pollution across the nation. The Act was initially enacted in 1963 and has been amended several times since, making it one of the country's earliest and most influential modern environmental laws.
The CAA regulates air emissions from stationary and mobile sources, such as motor vehicles, industrial facilities, and other technologies that impact air quality. It authorises the Environmental Protection Agency (EPA) to establish National Ambient Air Quality Standards (NAAQS) to safeguard public health and welfare and to regulate the emission of hazardous air pollutants. These include carbon monoxide, nitrogen oxides, particulate matter, volatile organic compounds, hydrocarbons, and carbon dioxide.
The 1990 CAA Amendments strengthened the Act by requiring the issuance of technology-based standards for "major sources" and certain "area sources" of hazardous air pollutants. The EPA was directed to establish emission standards, known as "maximum achievable control technology" (MACT) standards, for major sources to ensure the maximum feasible reduction in hazardous air pollutant emissions.
The CAA has had a significant impact on improving air quality in the United States. The EPA attributes the Act with substantial reductions in air pollution, saving trillions of dollars, and protecting thousands of lives annually. The Act has led to stricter controls on emissions from various sources, such as motor vehicles, aircraft engines, and transportation-related pollution.
Violations of the CAA can result in criminal penalties. For instance, TCC, a company that violated CAA regulations, was convicted of eleven CAA violations. Individuals and corporations that negligently or knowingly release hazardous air pollutants, endangering others, face penalties ranging from misdemeanours to felonies with substantial fines and prison sentences.
Overall, the Clean Air Act has played a pivotal role in addressing air pollution in the United States, driving technological advancements, and safeguarding public health and the environment.
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The Act to Prevent Pollution from Ships (APPS)
APPS is closely associated with MARPOL, the International Convention for the Prevention of Pollution from Ships. MARPOL Annex VI, in particular, focuses on air pollution from ocean-going ships and establishes limits on nitrogen oxide (NOx) and sulphur oxide (SOx) emissions, as well as requirements for the use of fuel with lower sulphur content. These standards aim to protect human health and the environment by reducing ozone-producing pollution, which can cause smog and aggravate asthma.
The United States Coast Guard (USCG) and the U.S. Environmental Protection Agency (EPA) are jointly responsible for enforcing APPS and MARPOL within the United States. They conduct inspections, investigations, and enforcement actions when violations are detected. To ensure compliance with APPS and Annex VI, the USCG and EPA oversee marine fuelling facilities, perform onboard compliance inspections, and review records.
Vessels that are flagged by the United States are subject to inspection for compliance with Annex VI. Non-U.S. flagged ships operating in U.S. waters are examined under Port State Control. Violations of APPS and Annex VI can result in criminal and/or civil liability. Civil penalties for non-compliance are significant, with vessel owners or operators facing liabilities of up to $25,000 for each violation. In addition, false or fraudulent statements can result in penalties of up to $5,000 per statement, with average civil penalties ranging from $100,000 to $500,000, and some cases resulting in even higher fines.
Whistleblowers play a crucial role in uncovering violations of APPS and MARPOL, as these illegal activities often occur away from observers. The introduction of whistleblower reward provisions in APPS encourages individuals to come forward by offering compensation of up to 50% of the monetary penalties received by the U.S. Government from guilty parties.
APPS is an important tool in the fight against marine pollution and ensures that ships operating in U.S. waters adhere to international standards for air pollution prevention. By enforcing these standards, the USCG and EPA work to protect the environment and the health of populations living near ports, coastlines, and inland areas.
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Environmental crimes and federal investigations
Environmental crimes are prosecuted in federal court, and the Environmental Crimes Section (ECS) brings criminal cases against individuals and corporations that have violated laws designed to protect the environment, worker safety, and animal welfare. The ECS works closely with the Federal Bureau of Investigation (FBI) and other federal agency partners, including the Department of Justice Environmental Crime Section, the Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (USFWS), and Homeland Security Investigations (HSI).
The FBI and its partners investigate criminal violations of environmental statutes, including the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the Lacey Act, the Migratory Bird Treaty Act, and the Endangered Species Act. These investigations often involve advanced technologies and techniques to detect and deter violations.
The EPA also plays a crucial role in criminal investigations, as they have the authority to open criminal cases against individuals and corporations for environmental violations. In 2020, the EPA reported 247 new criminal cases, a significant increase from previous years. These cases included sentences for storing hazardous waste, defrauding renewable fuel credit programs, and violating regulations related to hazardous waste transportation and pesticides.
Additionally, INTERPOL has led global operations targeting marine pollution violations, illegal waste disposal, and hazardous waste shipments. One such operation, "30 Days at Sea 3.0," resulted in 34,000 inspections and exposed thousands of marine pollution-related offences, leading to multiple arrests. These investigations highlight the international scope of pollution crimes and the importance of global law enforcement cooperation.
Environmental crimes are often driven by a high-reward, low-risk business model, where criminals exploit regional inequalities and weak environmental legislation to cut costs or gain profits. These crimes can range from illegal discharges at sea to trafficking in hazardous substances, and they frequently overlap with other types of criminal activities, such as fraud, corruption, and violent crimes. The complex nature of these offences requires a coordinated response from law enforcement agencies at both the national and international levels.
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The Clean Water Act (CWA) and its penalties
The Clean Water Act (CWA) is the primary federal law in the United States that governs water pollution. It was passed in 1972 and is one of the country's first and most influential modern environmental laws. The CWA establishes the basic structure for regulating the discharge of pollutants into US waters and sets quality standards for surface waters. The Act is administered by the Environmental Protection Agency (EPA) in coordination with state governments, with some provisions, such as those involving filling or dredging, being administered by the US Army Corps of Engineers (USACE).
The CWA makes it unlawful for any person to discharge pollutants into US waters without authorization. The discharge of pollutants is controlled by the EPA's National Pollutant Discharge Elimination System (NPDES) permit program. The NPDES initially excluded urban runoff and industrial stormwater discharges, but after litigation and amendments to the CWA, these discharges were included. USACE permits are required for mountaintop removal mining when soil and rock are placed in streams and wetlands, and pollutant discharges from these activities also require an NPDES permit.
The CWA provides for enhanced penalties for defendants with prior convictions or who endanger others. Individuals with prior misdemeanor convictions can be charged with felony violations and punished with up to two years in prison for subsequent negligent violations. Defendants with prior felony convictions can be sentenced to up to six years for new felony violations. Citizens can intervene in civil or criminal actions brought by the EPA or the state and can also file suits under certain conditions outlined in the CWA.
Federal agencies are required to comply with the CWA, and the EPA can enforce against them for violations. Section 311 of the CWA addresses the cleanup and removal of oil and hazardous substance discharges into navigable waters, adjoining shorelines, or other specified areas. This section requires the President, or the EPA for inland discharges, to ensure the immediate removal of such discharges and to direct federal, state, and private actions to mitigate or prevent the threat of a discharge.
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Frequently asked questions
Yes, there are several examples of companies being convicted of pollution. For instance, in 2013, Diana Shipping Services S.A. was convicted of conspiracy, a violation of the Act to Prevent Pollution from Ships (APPS), obstruction of justice, and falsification of records. In 2024, Prive Shipping Denizcilik Ticaret and Prive Overseas Marine were also convicted of violating the APPS. Additionally, in 2009, TCC was convicted of eleven violations of the Clean Air Act (CAA).
Yes, individuals have also been convicted of pollution-related crimes. For example, in 2021, James Liang, a VW engineer, was sentenced to 40 months in federal prison for his role in the Volkswagen emissions scandal. In the same case, Oliver Schmidt, the former general manager of Volkswagen AG’s U.S. Environment and Engineering Office, was sentenced to 84 months in prison. In 2024, Abdurrahman Korkmaz, a Turkish citizen and master of a chemical tanker, was sentenced to eight months' incarceration for violating the APPS.
Yes, there are several notable international examples. In 1978, Amoco was ordered to pay $200 million in cleanup costs and damages after an oil tanker spill off the coast of France. In 1980, a Swiss cosmetics manufacturer, Givaudan, was fined $13 million after a chemical plant accident in Italy that sickened thousands of people. In 2015, U.S.-based Occidental Petroleum settled out of court over allegations of environmental and health damage caused by oil wastewater released into Amazonian watersheds in Peru.
