US Enforcement of Environmental Laws in the United States

Numerous Federal laws have been enacted to protect the environment and
wildlife. In this report, this collection of  environmental laws comprises:

(1)  environmental protection laws that  protect the safety and well-being of
communities from excessive and unnecessary emission of environmental
pollutants and

(2) wildlife laws that protect endangered or threatened species as well as migratory birds.

As part of the framework of environmental laws and regulations, the
EPA has identified more than 700 substances as hazardous to the
environment. Other substances — through not hazardous — may otherwise
be considered environmental  pollutants if discharged into the US waterways.

The U.S. Departments of the Interior and Commerce have identified more than 1,500
species of wildlife as endangered or threatened.

In 1997, Federal prosecutors filed in U.S. district courts 207 civil and 446
criminal enforcement actions for violations of environmental law.

About half of defendants charged by U.S. attorneys with an environmental
protection offense violated the Clean Water Act; 15% violated the Clean
Air Act. Of the civil cases filed by U.S. attorneys, a third involved a
Clean Water Act violation and a fifth, a Clean Air Act violation. Of EPA administrative
actions, about 50% involved the Clean Water Act and 11% the  Clean Air Act.

For wildlife offenses 57% of criminal filings were Lacey Act violations,
offenses that apply to trade in exotic plants or animals. The same proportion
was charged with migratory bird violations as were charged with endangered
species (including eagle) violations.

Federal environmental laws provide U.S. attorneys the discretion to initiate
criminal or civil enforcement actions.

Of the 456 environmental cases declined prosecution, 11% were
declined in favor of a civil action. U.S. attorneys often declined to prosecute
organizational defendants for criminal violations in favor of civil sanctions.
U.S. attorneys initiated 182 civil enforcement actions involving organizations
in U.S. district courts.

The average monetary penalty imposed or settlement reached following the
concluded civil actions was almost $2.5 million. The average criminal fine
imposed on organizations was about $308,000.

State environmental agencies and private citizens may also enforce
Federal environmental protection standards. State environmental
agencies initiated 10,515 administrative actions involving environmental protection
violations and made 379 judicial referrals. Private citizens filed 642 suits in U.S. district court alleging environmental violations — 86% of these suits concerned the emission of
hazardous substances or other environmental pollutants.

Administrative enforcement actions
The U.S. Environmental Protection
Agency (EPA) initiates the majority of
Federal enforcement actions. Through
administrative enforcement actions, the
EPA may (1) require that the violator
comply with Federal environmental
standards, (2) suspend the violator’s
permit to discharge, and/or (3) assess
a penalty for noncompliance. During
1997 the EPA initiated 3,427 administrative
enforcement actions.
About half of administrative actions
involved a violation of the Clean Water
Act; 12%, involved RCRA; 11%, the
Clean Air Act; and 28%, violations of
other statutes.

In addition to administrative penalty
orders, two other elements of EPA’s
enforcement policy are injunctive relief
and supplemental environmental
projects. Injunctive relief is action
required by EPA to eliminate noncompliance,
correct environmental damage,
and restore the environment to its original
condition.

Many Federal environmental protection
laws permit delegation of enforcement
to States that have environmental laws
and regulations at least equivalent to
Federal law. In 1997 State environmental
agencies initiated 10,515
administrative actions and made 379
referrals to State courts involving
environmental protection violations.4
Investigations by U.S. attorneys
During 1997 U.S. attorneys and attorneys
from the Environment and Natural
Resources Division of the U.S. Department
of Justice initiated investigations
of 952 individuals and organizations
suspected of an environmental offense
(table 3). About equal proportions were
investigated for environmental protection
violations as for wildlife violations.
About half the investigations of the
environmental protection offenses dealt
with a violation of the Clean Water Act,
and a third, the Resource Conservation
and Recovery Act (RCRA). About half
of wildlife offenses involved a violation
of the Lacey Act, and a third, the Migratory
Bird Treaty Act.

Pursuant to Federal law, organizations
can be held liable and prosecuted for
the actions of their employees and
agents.

About three-quarters of organizational
defendants were investigated for an
environmental protection violation.
More than half of the 200 organizations
investigated were suspected of violating
the Clean Water Act; a fourth were
suspected of a RCRA violation.
Of the 60 organizations investigated for
a wildlife offense, half were suspected
of violating the Lacey Act and a third
the Endangered Species Act.

Outcome of criminal proceedings
Eighty-five percent of defendants
charged with a criminal environmental
offense and whose cases were
concluded during 1997 were convicted
(not shown in a table). Most (91%) of
those convicted pleaded guilty. The
court dismissed charges against 16%
of defendants charged with a wildlife
offense.

2Enforcement Compliance Assurance, p. 2.7.
3Enforcement Compliance Assurance, p. 2.8.