DOJ Sounds Warning on Environmental Enforcement

Posted on 12/27/2021 by Roseanne Bottone

US EPA largely relies on administrative (i.e., non-criminal, civil) enforcement, reserving criminal enforcement for the most egregious cases. To discourage corporate environmental crimes moving forward, the Department of Justice (DOJ) is taking a tougher stance on going after individuals responsible for criminal acts.

In remarks at an environmental enforcement conference on December 14, an official from DOJ's Environment and Natural Resources Division (ENRD), said:

Only individuals can go to jail, and we have found that criminal corporate accountability starts with accountability for individuals responsible for criminal conduct.

Todd Kim, Assistant AG
Remarks prepared for ABA's Environmental Enforcement Conference (12/14/21)

The Assistant AG's remarks make it clear that DOJ takes accountability for environmental criminals seriously, and so does recent enforcement history: In FY 2020, EPA’s enforcement and compliance assurance actions resulted in 247 new criminal cases opened.

This number was 77 more than the year before and the most since 2014.

Civil vs. Criminal Environmental Violations

What is the difference between a civil environmental violation and a criminal violation? A violation of the regulations mandated by EPA may result in either civil or criminal penalties. The EPA describes the difference this way on its Basic Information on Enforcement webpage, as follows:

Civil Liability

According to EPA, environmental civil liability is strict; it arises simply through the existence of the environmental violation. It does not take into consideration what the responsible party knew about the law or regulation they violated.

In other words, a civil violation may be caused by an “oops, I made a mistake,” “I forgot,” an accident, or a lack of awareness.

Criminal Liability

Environmental criminal liability, meanwhile, is purposeful; there is intent. “In a ‘knowing violation,’ the person or company is aware of the facts that create the violation… Examples of ‘knowing violations’ include an intentional decision to dispose or dump pollutants into a river without a permit, or to not install a required air pollution control device.

In other words, a criminal violation is caused by a conscious and informed action. Most of the environmental crimes EPA investigates are “knowing violations,” which are usually classified as felonies and can include incarceration and/or six-figure financial penalties for criminal defendants who are convicted or plead guilty.

Read more about the difference between civil and criminal environmental liability on EPA's Basic Information on Enforcement webpage.

January 2022: Complete Environmental Regulations Training

Managing site compliance with the many complex EPA programs that affect your business—from the Clean Air and Clean Water Acts to TSCA, EPCRA, CERLCA, and more—is a major challenge.

If you’re new to the field or need an update on changing EPA rules, Lion's Complete Environmental Regulations online training is a convenient way to quickly build in-depth expertise.

For live training with a Lion instructor, join us on Jan. 25–26 for the first Complete Environmental Regulations webinar of 2022.

Tags: environmental compliance, environmental crime, EPA and DOJ

Find a Post

Search for:

Compliance Topics

Compliance Archives

Lion courses always set the bar for content, reference, and practical application. Membership and access to the experts is an added bonus.

John Brown, CSP

Director of Safety & Env Affairs

I had a positive experience utilizing this educational program. It was very informative, convenient, and rewarding from a career perspective.

John Gratacos

Logistics Manager

Given the choice, I would do all coursework this way. In-person courses go very fast without the opportunity to pause or repeat anything.

Ellen Pelton

Chemical Laboratory Manager

Lion's training was by far the best online RCRA training I've ever taken. It was challenging and the layout was great!

Paul Harbison

Hazardous Waste Professional

The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.

Linda Arlen

Safety & Environmental Compliance Officer

The instructor was energetic and made learning fun compared to dry instructors from other training providers.

Andy D’Amato

International Trade Compliance Manager

I used the IT support number available and my issue was resolved within a few minutes. I don't see anything that could have made it better.

Danny Province

EHS Professional

I was able to present my scenario to the instructor and worked thru the regulations together. In the past, I attended another training firm's classes. Now, I have no intention of leaving Lion!

Diana Joyner

Senior Environmental Engineer

The workshop covered a lot of information without being too overwhelming. Lion is much better, more comprehensive than other training providers.

George Alva

Manufacturing Manager

I like Lion's workshops the best because they really dig into the information you need to have when you leave the workshop.

Tom Bush, Jr.

EHS Manager

Download Our Latest Whitepaper

Some limited quantity reliefs are reserved for specific modes of transport. Use this guide to identify which reliefs you can capitalize on, and which do not apply to your operations.

Download

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.