Environmental crime is any illegal activity that harms the environment or violates environmental protection laws. Criminal offenses of this nature can involve air and water pollution, illegal waste disposal, wildlife trafficking and violations of land use regulations.
In California, environmental laws are strictly enforced at the state and federal levels, and violations can result in severe penalties, including fines, civil lawsuits and criminal charges.
Types of environmental crime
Environmental crimes take many forms, but some of the most common include:
- Illegal Dumping and Hazardous Waste Violations: Companies and individuals are required to dispose of hazardous waste, industrial byproducts and toxic chemicals properly. Dumping waste into rivers, lakes or public land without proper permits can lead to criminal charges.
- Air and Water Pollution Violations: Businesses must follow regulations under the Clean Air Act and Clean Water Act. If a company releases harmful chemicals into the air or water supply without authorization, they could be held accountable for environmental damage.
- Wildlife Trafficking and Poaching: Selling, capturing or harming protected wildlife species is a federal and state crime. This includes illegal fishing, hunting and trade of endangered species.
- Violations of Land Use and Environmental Permits: Developers and businesses must comply with land use and zoning laws. Constructing buildings in protected areas or bypassing environmental regulations can result in criminal liability.
- Failure to Report Environmental Hazards: Businesses that fail to disclose environmental hazards, such as asbestos or toxic spills, may face prosecution for endangering public health.
Environmental crimes can involve individuals, businesses, corporations and even government entities. Common defendants in environmental crime cases include:
- Industrial companies that illegally dispose of toxic waste
- Construction firms that violate land use permits
- Farmers and agricultural businesses that improperly use pesticides or contaminate water supplies
- Shipping companies responsible for oil spills or marine pollution
In some cases, individual employees or executives may also face personal liability, especially if they knowingly allowed illegal activities to occur.
Facing environmental crime charges can be overwhelming, but individuals and businesses have legal options. A strong defense may involve proving compliance with regulations, demonstrating a lack of intent and/or challenging the validity of the charges. Seeking legal guidance as early as possible in the wake of an investigation or charges is generally wise.