An individual or corporation may be charged with violating environmental statutes along with violating other federal statutes. Some of the environmental statutes that an individual or corporation may be charged with violating include:
- the Clean Air Act
- the Clean Water Act
- the Resource Conservation and Recovery Act
- the Comprehensive Environmental Response, Compensation and Liability Act.
Although there are many federal statutes that may be violated along with violation of environmental statutes some of the most commonly cited charges include:
- conspiracy
- making false statements
- mail fraud
- violation of the Racketeer Influenced and Corrupt Organizations Act (RICO)
Conspiracy
It is a federal crime for two or more individuals to act in concert to commit any offense against the United States. Whenever two or more individuals act to violate a substantive environmental law, they may also be charged with conspiracy. For example, a corporation that generates hazardous waste and needs to dispose of it may contact another corporation to dispose of the materials although neither corporation complied with the standards promulgated by the Environmental Protection Agency (EPA).
False Statements
It is a federal crime to knowingly provide false information or engage in misrepresentation in any communication with any department or agency that is covered under federal jurisdiction. Although charges of false statements may be made in conjunction with the violation of an environmental statute, either charge may be brought on its own.
Mail Fraud
It is a federal crime to use the mail with the intent to defraud another individual. With respect to environmental cases, mail fraud charges primarily arise when a hazardous waste disposer assures its customers that waste will be disposed of in accordance with the environmental statutes.
RICO
It is a federal crime to engage in any racketeering activity as described under RICO. Although environmental crimes are not listed as predicate offenses under RICO, mail fraud is listed. Individuals or corporations that violate environmental laws may find themselves subject to indictment under RICO. For example, convictions for mail fraud, RICO violations, and violating The Clean Water Act have been upheld when a corporation illegally dumped waste without a permit issued by the EPA.
Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |