Environmental crime

Last updated

Environmental crime is an illegal act which directly harms the environment. These illegal activities involve the environment, wildlife, biodiversity, and natural resources. International bodies such as, G7, Interpol, European Union, United Nations Environment Program, United Nations Interregional Crime and Justice Research Institute, have recognized the following environmental crimes:

Contents

Environmental crime makes up almost a third of crimes committed by organizations such as; corporations, partnerships, unions, trusts, pension funds, and non-profits. It is the fourth largest criminal activity in the world and it is increasing by five to seven percent every year. [2] These crimes are liable for prosecution. Interpol facilitates international police cooperation and assists its member countries in the effective enforcement of national and international environmental laws and treaties. Interpol began fighting environmental crime in 1992. [3]

Costs

International criminal gangs and militant groups profit from the plunder of natural resources and these illegal profits are soaring. Terrorism and even civil wars are consequences of environmental crime. [4] According to UNEP and Interpol, in June 2016 the value of environmental crime is 26 per cent larger than previous estimates, at US$91–258 billion, compared to US$70–213 billion in 2014, outstripping illegal trade in small arms. [5] More than half of this amount can be attributed to illegal logging and deforestation.

Prosecution by ICC

In September 2016 it was announced that the International Criminal Court (ICC) located in The Hague will prosecute government and individuals for environmental crimes. [6] According to the Case Selection Criteria announced in Policy Paper on Case Selection and Prioritization by ICC on 15 September 2016, the Office will give particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in, "inter alia, the destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land". [7]

Environmental crime in the European Union

Within the European Union, the road to an effective enforcement of Environmental Crime legislation has been anything but straightforward. [8] A major role is played by the Environmental Crime Directive, [9] a 2008 instrument aimed at protecting the environment through the use of criminal law. Even though some studies show that there has been a decline in non-compliance with environmental policy by Member States, [10] after over a decade from the publication of the first Directive, as part of the European Green Deal,the European Commission submitted a proposal for a new Directive with the aim of strengthening the enforcement and prosecution of environmental crimes through the use of clearer definitions and sanctions other than the typical fines and imprisonment. [11]

Environmental crime by country

United States

Abandoned or little used areas are common dumping places in America -especially railroads. Over $10 million a year are used to remove illegal dumping from polluting towns and the environment. A small organization, CSXT Police Environment Crimes Unit, has been started to stop railroad dumping specifically.

Ever since the Environmental Protection Agency's Office of Criminal Enforcement was founded in 1982, there has been a steady increase in prosecuted environmental crimes. [12] This includes the prosecution of companies that have illegally dumped or caused oil spills. On a federal level, while the EPA oversees the investigations, the prosecutions are typically brought by the U.S. Department of Justice, through its Environmental Crimes Section, and/or through one of the 94 U.S. Attorney's Office across the country.

The Financial Crimes Enforcement Network is part of the Treasury Department which oversees the movement of money involving environmental crimes in the United States. This includes crimes such as illegal logging, fishing, and mining. [13]

In a 2004 case study, a 30-pound cylinder of CFC-12 could be purchased in China for US$40 and illegally sold in the US for US$600. [14]

In 2000, California real estate developer Eric Diesel was sentenced to 6 months in jail and ordered to pay a $300,000 fine for grading an illegal road in the Santa Cruz Mountains. [15] [16]

In 2023, eBay is accused by the Justice Department of violating environmental laws. The lawsuit states that eBay sold illegal equipment that override pollution controls on motorized vehicles, strictly forbidden products containing banned chemicals, and illegitimate pesticides. eBay Inc. faces legal action from the Justice Department for facilitating the sale and delivery of hundreds of thousands of items without authorization, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), and the Clean Air Act (CAA). The U.S. Environmental Protection Agency (EPA) filed the complaint in federal court in Brooklyn, NY. [17]

In 2024, A California Man Was Arrested for Importing Hazardous Greenhouse Gases Into the United States. In defiance of laws meant to limit the use of greenhouse gases and prevent climate change, Michael Hart of San Diego was taken into custody on charges of smuggling greenhouse gasses into the U.S. from Mexico and then retailing them for a profit. Charges pertaining to the American Innovation and Manufacturing Act of 2020 (AIM Act) are being brought in this case for the first time in US history. Hydrofluorocarbons (HFCs) are widely utilized as refrigerants. The AIM Act forbids their importation unless the Environmental Protection Agency (EPA) grants permission. [18]

Guam

In 2024, Agreement between the United States and the Guam Waterworks Authority requires infrastructure investment in the sewer system. The Settlement Will Handle Notoriety Overflows and Illegal Untreated Sewage Discharges Into Coastal Waters. Today, the Guam Waterworks Authority (GWA) and the United States reached a consent decree to enhance the condition of the GWA's sewer system. The project is expected to cost $400 million and address issues such as untreated sewage spills and other violations of the Clean Water Act. Another party to the deal is the Guam government. [19]

Italy

An example of Ecomafia was Naples waste management where there was illegal dumping in the 1980s.

Nigeria

In Nigeria, the establishment of environmental agencies began in 1988 after an incident of dumping of toxic materials in the country by international waste traders (the infamous Koko incident). Presently, agencies such as the National Environmental Standards and Regulations Enforcement Agency (Nigeria) are empowered by Nigerian law to regulate the environment sector. This agency works with other organs of the government such as customs, police, military intelligence, etc., and has successfully seized illegally trafficked wildlife products and prosecuted a number persons, including non-nationals.

Singapore

As a trading hub, Singapore is susceptible to unnoticed contraband. Charles W. Schmidt explains how China sells illegal CFC-12 to the United States through Singapore due to the lack of inspections and confidentiality of private businesses in Singapore. [14]

Russia

Violations of Russia's environmental protection laws cost the country more than $187 million in 2018. Out of nearly 23.9 thousand environmental crimes registered in Russia in 2018, the overwhelming majority were related to; the illegal cutting of forest plantations, amounting approximately to 13.8 thousand cases, and Illegal hunting, with over 1.9 thousand cases observed. [20]

Enforcement

The effective enforcement of environmental laws is vital to any protection regimes that are designed to protect the environment. In the early days of environmental legislation, violations carried largely insignificant civil fines and penalties. Initial environmental laws and regulations had little or no deterrent effect on corporations, individuals, or governments to comply with environmental laws. Indeed, a major source of failure of US environmental protection legislation was the civil character of federal enforcement actions. Their chief sanction was fines, which many corporations took in stride as a cost of doing business. Environmental criminal law covers a narrower ground. Its core consists of the criminal provisions of eight federal statutes passed mainly in the 1970s and amended in the last two decades. [21]

The following are some of the ways that the EPA's criminal enforcement program goes after corporate and individual defendants who have committed major environmental crimes:

-Equipped with the necessary proof to pursue environmental offenses, federal, state, and local prosecutors

-Technical assessments and environmental forensic analyses for both civil and criminal enforcement

-Computerized evidence evaluation and retrieval

-Professional legal assistance and recommendations to the Department of Justice, U.S. Attorneys, and the EPA

Congress gave the EPA's criminal enforcement program broad law enforcement authority in 1988 after it was founded in 1982. Special agents, detectives, forensic scientists, technicians, attorneys, and support personnel are all employed by the program today. [22]

In many cases, particularly corporations found it more cost-effective to continue to pollute more than the law allowed and simply pay any associate fines if indeed the corporation was actually found and convicted of violating environmental laws or regulations. Kevin Tomkins believes corporations had a disincentive to comply with environmental laws or regulations as compliance generally raised their operational costs. This was interpreted as many corporations obeying the environmental laws, whether out of a sense of legal duty or public obligation, were disadvantaged and lost a competitive edge and consequently suffered in the marketplace to competitors who disregarded environmental laws and regulations. As a result of weak environmental legislation and continued adverse public opinion regarding the management of the environment, many governments established various environmental enforcement regimes that dramatically increased the legal powers of environmental investigators. The inclusion of criminal sanctions, significant increases in fines coupled with possible imprisonment of corporate officers changed the face of environmental law enforcement. For example, between 1983 and 1990 the US Department of Justice secured $57,358,404.00 in criminal penalties and obtained sentences of imprisonment for 55% of defendants charged with environmental offences. [23]

Many environmental agencies like the State Park Peace Officers and State Troopers, and more, play important roles in reducing environmental damage and protecting the environment through environmental laws and regulations. These agencies operate at varying levels from international, regional, national, state to local level keeping one agency working at one level. Various enforcement methods are employed by these agencies to warrant compliance with environmental laws and regulations. In some case's enforcement agencies use what is called "Command and Control" which are traditional regulatory approaches. In other cases, they may use economic incentive and hybrid-based approaches, which there are two. Moreover, it has increased the need for cooperation between different policing institutions. Environmental law enforcement agencies and police services do not operate in a vacuum; the legislative instruments that political systems implement govern their activities and responsibilities within society. However, ostensibly it is the legislative instruments implemented by governments that determine many of the strategies utilized by police services in protecting the environment. Generally these International, Regional, National and State legislative instruments are designed to ensure industries, individuals, and governments comply with the various environmental obligations embedded in national statutes and laws. There are also international legal instruments and treaties that also affect the way that sovereign states deal with environmental issues . [23]

Types of Enforcement Actions

The EPA or a state acting on its own power may take civil administrative actions, which are non-judicial enforcement measures. There is no legal court procedure involved in these acts. An administrative action taken by the state or the EPA could take the following forms:

a Superfund notice letter or notice of violation, or an order (with or without fines) instructing a person, company, or other entity to take action to clean up a site or comply.

Formal lawsuits are known as civil judicial actions. They are brought before the court against individuals or organizations that have not:

obey legislative or regulatory requirements, follow administrative directives, reimburse the EPA for Superfund site cleanup expenses, or pledge to undertake the cleanup. [22]

Environmental criminology

Environmental criminology examines the notions of crimes, offences and injurious behaviors against the environment and starts to examine the role that societies including corporations, governments and communities play in generating environmental harms. Criminology is now starting to recognize the impact of humans on the environment and how law enforcement agencies and the judiciary measure harm to the environment and attribute sanctions to the offenders. [24] Environmental crime does not only affect the land, water, air, it affects the health of children as well. According to an article published in Environmental Health Perspectives in 2016, "The evolution and expansion of children's environmental health protection over the past two decades has been remarkable. At the U.S. EPA, significant efforts have been made to address the special susceptibility of children, and our work continues to address emerging environmental concerns to ensure that children's environments are free of hazards and support healthy development." [25]

See also

Related Research Articles

<span class="mw-page-title-main">Environmental law</span> Branch of law concerning the natural environment

Environmental laws are laws that protect the environment. Environmental law is the collection of laws, regulations, agreements and common law that governs how humans interact with their environment. This includes environmental regulations; laws governing management of natural resources, such as forests, minerals, or fisheries; and related topics such as environmental impact assessments. Environmental law is seen as the body of laws concerned with the protection of living things from the harm that human activity may immediately or eventually cause to them or their species, either directly or to the media and the habits on which they depend.

<span class="mw-page-title-main">United States Environmental Protection Agency</span> U.S. federal government agency

The Environmental Protection Agency (EPA) is an independent agency of the United States government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it began operation on December 2, 1970, after Nixon signed an executive order. The order establishing the EPA was ratified by committee hearings in the House and Senate.

<span class="mw-page-title-main">Illegal dumping</span> Act of dumping waste illegally

Illegal dumping, also called fly dumping or fly tipping (UK), is the dumping of waste illegally instead of using an authorised method such as curbside collection or using an authorised rubbish dump. It is the illegal deposit of any waste onto land, including waste dumped or tipped on a site with no licence to accept waste.

<span class="mw-page-title-main">Medical Waste Tracking Act</span> United States federal law

The Medical Waste Tracking Act of 1988 was a United States federal law concerning the illegal dumping of body tissues, blood wastes and other contaminated biological materials. It established heavy penalties for knowingly endangering life through noncompliance. The law expired in 1991.

<span class="mw-page-title-main">Federal Insecticide, Fungicide, and Rodenticide Act</span> US federal law governing pesticide regulation

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is a United States federal law that set up the basic U.S. system of pesticide regulation to protect applicators, consumers, and the environment. It is administered and regulated by the United States Environmental Protection Agency (EPA) and the appropriate environmental agencies of the respective states. FIFRA has undergone several important amendments since its inception. A significant revision in 1972 by the Federal Environmental Pesticide Control Act (FEPCA) and several others have expanded EPA's present authority to oversee the sales and use of pesticides with emphasis on the preservation of human health and protection of the environment by "(1) strengthening the registration process by shifting the burden of proof to the chemical manufacturer, (2) enforcing compliance against banned and unregistered products, and (3) promulgating the regulatory framework missing from the original law".

<span class="mw-page-title-main">United States environmental law</span> US environmental policy

United States environmental law concerns legal standards to protect human health and improve the natural environment of the United States. While subject to criticism at home and abroad on issues of protection, enforcement, and over-regulation, the country remains an important source of environmental legal expertise and experience.

<span class="mw-page-title-main">Environmental Protection Act 1990</span> United Kingdom legislation

The Environmental Protection Act 1990 is an Act of the Parliament of the United Kingdom that as of 2008 defines, within England and Wales and Scotland, the fundamental structure and authority for waste management and control of emissions into the environment.

<span class="mw-page-title-main">Transnational organized crime</span> Organized crime across national borders

Transnational organized crime (TOC) is organized crime coordinated across national borders, involving groups or markets of individuals working in more than one country to plan and execute illegal business ventures. In order to achieve their goals, these criminal groups use systematic violence and corruption. Common transnational organized crimes include conveying drugs, conveying arms, trafficking for sex, toxic waste disposal, materials theft and poaching.

<span class="mw-page-title-main">United States Department of Justice Environment and Natural Resources Division</span> Government Department

The United States Department of Justice Environment and Natural Resources Division (ENRD) is one of seven litigating components of the U.S. Department of Justice. ENRD's mandate is to enforce civil and criminal environmental laws and programs protecting the health and environment of the United States, and to defend suits challenging those laws and programs.

Right to know is a human right enshrined in law in several countries. UNESCO defines it as the right for people to "participate in an informed way in decisions that affect them, while also holding governments and others accountable". It pursues universal access to information as essential foundation of inclusive knowledge societies. It is often defined in the context of the right for people to know about their potential exposure to environmental conditions or substances that may cause illness or injury, but it can also refer more generally to freedom of information or informed consent.

The Lacey Act of 1900 is a conservation law in the United States that prohibits trade in wildlife, fish, and plants that have been illegally taken, possessed, transported, or sold.

<span class="mw-page-title-main">Cruise ship pollution in the United States</span> Pollution of cruise ships in the United States

Cruise ships carrying several thousand passengers and crew have been compared to “floating cities,” and the volume of wastes that they produce is comparably large, consisting of sewage; wastewater from sinks, showers, and galleys (graywater); hazardous wastes; solid waste; oily bilge water; ballast water; and air pollution. The waste streams generated by cruise ships are governed by a number of international protocols and U.S. domestic laws, regulations, and standards, but there is no single law or rule. Some cruise ship waste streams appear to be well regulated, such as solid wastes and bilge water. But there is overlap of some areas, and there are gaps in others.

<span class="mw-page-title-main">Office of Enforcement and Compliance Assurance</span> Law enforcement arm of the United States Environmental Protection Agency

The Office of Enforcement and Compliance Assurance (OECA) is the law enforcement arm of the United States Environmental Protection Agency (EPA). It is made up of attorneys, special agents, scientists and other employees.

<span class="mw-page-title-main">Waste management law</span> Area of law regarding waste

Waste management laws govern the transport, treatment, storage, and disposal of all manner of waste, including municipal solid waste, hazardous waste, and nuclear waste, among many other types. Waste laws are generally designed to minimize or eliminate the uncontrolled dispersal of waste materials into the environment in a manner that may cause ecological or biological harm, and include laws designed to reduce the generation of waste and promote or mandate waste recycling. Regulatory efforts include identifying and categorizing waste types and mandating transport, treatment, storage, and disposal practices.

The ASEAN Wildlife Enforcement Network (ASEAN-WEN) was officially launched on 1 December 2005, as a regional inter-agency and inter-governmental initiative to counter the illegal cross-border trade in endangered flora and fauna. It helps countries share information on and tackle cross-border wildlife crime and facilitates the exchange of regional best practices in combating those crimes. As the world's largest wildlife law enforcement network, it comprises the law enforcement agencies of the 10 ASEAN countries forming a regional intergovernmental law-enforcement network.

<span class="mw-page-title-main">Guam Environmental Protection Agency</span>

The Guam Environmental Protection Agency is a government agency of the United States territory of Guam.

Sackett v. Environmental Protection Agency, 566 U.S. 120 (2012), also known as Sackett I, is a United States Supreme Court case in which the Court held that orders issued by the Environmental Protection Agency under the Clean Water Act are subject to the Administrative Procedure Act. The Court ruled that because the Environmental Protection Agency's orders constitute "final agency action" under the Administrative Procedure Act, federal courts may hear appeals from its orders.

Green criminology is a branch of criminology that involves the study of harms and crimes against the environment broadly conceived, including the study of environmental law and policy, the study of corporate crimes against the environment, and environmental justice from a criminological perspective.

<span class="mw-page-title-main">National Environmental Standards and Regulations Enforcement Agency</span> Environmental agency in Nigeria

The National Environmental Standards and Regulations Enforcement Agency is an environmental agency of the Federal Government of Nigeria that was established by law in 2007 to "ensure a cleaner and healthier environment for Nigerians". The agency functions as a parastatal enterprise of the Federal Ministry of Environment, and it is headed by a director general, who is also the chief executive officer of about 483 companies in the NESREA corporate family. Human activities that have negative effects on the environment are covered by NESREA's 33 National Environmental Regulations. The agency's authority includes process and equipment monitoring, compliance with set standards, disciplining violators of set rules, conducting public investigations, and submission of proposals to the minister for review in order to maintain environmental quality.

Environmental maritime crime constitutes one of the key components of the broader domain of blue crime, and it describes and includes activities that detrimentally impact the marine environment. Its effects have had extremely deleterious impacts on marine life, both in terms of affecting marine ecosystems and the life quality of coastal citizens, with damages that are often not reparable.

References

  1. ↑ Banks, D., Davies, C., Gosling, J., Newman, J., Rice, M., Wadley, J., Walravens, F. (2008) Environmental Crime. A threat to our future. Environmental Investigation Agency pdf
  2. ↑ [unep.org]
  3. ↑ Interpol (2009) Environmental crime online Archived 2006-03-15 at the Wayback Machine
  4. ↑ Solheim, E., Need for global action, in: D+C 9 (2016), S. 46
  5. ↑ "UNEP-INTERPOL Report: Value of Environmental Crime up 26%". 2016-06-04.
  6. ↑ Vidal, John; Bowcott, Owen (15 September 2016). "ICC widens remit to include environmental destruction cases". The Guardian. Retrieved 20 September 2016.
  7. ↑ "POLICY PAPER ON CASE SELECTION AND PRIORITISATION" (PDF). icc-cpi.int. Retrieved 20 September 2016.
  8. ↑ Michael Faure, 'The Development of Environmental Criminal Law in the EU and its Member States' [2017] Review of European Community & International Environmental Law 26(2).
  9. ↑ Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law, OJ L 328.
  10. ↑ Tanja A. Börzel and Aron Buzogany,'Compliance with EU Environmental Law. The Iceberg is Melting' [2018] Environmental Politics 28(2).
  11. ↑ European Commission Questions and Answers on the revised EU Directive on environmental crime
  12. ↑ EPA Basic Information on criminal enforcement
  13. ↑ Tokar, Dylan (2021-11-18). "FinCEN Asks Banks to Watch for Transactions Linked to Environmental Crimes The new emphasis on environmental crimes reflects a governmentwide push by the Biden administration to mitigate the causes of climate change". The Wall Street Journal.
  14. 1 2 Environmental crimes: profiting at earth's expense
  15. ↑ Big Fine In Hillside Erosion / $300,000 fine over road's collapse
  16. ↑ "Metroactive | San Jose | Mud Happens".
  17. ↑ "Office of Public Affairs | Justice Department Files Complaint Alleging Environmental Violations by eBay | United States Department of Justice". www.justice.gov. 2023-09-27. Retrieved 2024-03-25.
  18. ↑ "Office of Public Affairs | California Man Arrested for Smuggling Potent Greenhouse Gases into the United States | United States Department of Justice". www.justice.gov. 2024-03-04. Retrieved 2024-03-25.
  19. ↑ "Office of Public Affairs | United States Reaches Agreement with Guam Waterworks Authority Requiring Investment in Sewer System Infrastructure | United States Department of Justice". www.justice.gov. 2024-01-30. Retrieved 2024-03-25.
  20. ↑ Statista statistics- Environmental crimes by country-Russia
  21. ↑ Environmental Crime: The Criminal Justice System's Role in Protecting the Environment By Yingyi Situ, David Emmons Published by Sage Publications, 1999 ISBN   0-7619-0036-5, ISBN   978-0-7619-0036-8
  22. 1 2 US EPA, OECA (2013-05-03). "Basic Information on Enforcement". www.epa.gov. Retrieved 2024-03-25.
  23. 1 2 Tomkins, Kevin. Police, Law Enforcement and the Environment [online]. Current Issues in Criminal Justice; Volume 16, Issue 3; March 2005; 294–306
  24. ↑ White, R. 2003‘Environmental Issues and the Criminological Imagination’, Theoretical Criminology, 7(4): 483–506.
  25. ↑ Firestone, Michael (December 2016). "Two Decades of Enhancing Children's Environmental Health Protection at the U.S. Environmental Protection Agency". Environmental Health Perspectives. 124 (12): 1823–A236. doi: 10.1289/EHP1040 . PMC   5132627 . PMID   27905272.PD-icon.svg This article incorporates text from this source, which is in the public domain .

Further reading

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.