Environmental crime
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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:
- Wild life crime: Convention on International Trade in Endangered Species of Fauna and Flora(CITES);
- Illegal mining: Montreal Protocol on Substances that Deplete the Ozone Layer;
- Pollution crimes: Dumping and illicit trade in hazardous waste in contravention of the 1989 Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Other Wastes and their Disposal;
- fisheries managementorganization's;
- Illegal logging and the associated trade in stolen timber in violation of national laws.[1]
Environmental crime makes up almost a third of crimes committed by organizations such as;
Costs
International criminal gangs and
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
Ever since the
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.[13]
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.[14][15]
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.[16]
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.[17]
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.[18]
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
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.[13]
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.[19]
Enforcement
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The effective
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.[21]
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
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 .[22]
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.[21]
Environmental criminology
See also
- Category:Environmental crime
- Construction | Construction waste
- Ecocide
- Ecotax
- Environment Agency
- Environmental Crime Prevention Program
- Environmental Investigation Agency
- Environmental issue
- Environmental killings
- Environmental law
- Fossil fuel
- Illegal logging
- Joss paper
- List of environmental lawsuits
- Power tool
- Reducing Emissions from Deforestation and Forest Degradation
- Scottish Environment Protection Agency
- Wildlife Enforcement Monitoring System
- Wildlife smuggling
- Poaching
References
- ^ 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
- ^ [unep.org]
- ^ Interpol (2009) Environmental crime online Archived 2006-03-15 at the Wayback Machine
- ^ Solheim, E., Need for global action, in: D+C 9 (2016), S. 46
- ^ "UNEP-INTERPOL Report: Value of Environmental Crime up 26%". 2016-06-04.
- ^ Vidal, John; Bowcott, Owen (15 September 2016). "ICC widens remit to include environmental destruction cases". The Guardian. Retrieved 20 September 2016.
- ^ "POLICY PAPER ON CASE SELECTION AND PRIORITISATION" (PDF). icc-cpi.int. Retrieved 20 September 2016.
- ^ 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).
- ^ 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.
- ^ Tanja A. Börzel and Aron Buzogany,'Compliance with EU Environmental Law. The Iceberg is Melting' [2018] Environmental Politics 28(2).
- ^ European Commission Questions and Answers on the revised EU Directive on environmental crime
- ^ EPA Basic Information on criminal enforcement
- ^ a b Environmental crimes: profiting at earth's expense
- ^ Big Fine In Hillside Erosion / $300,000 fine over road's collapse
- ^ "Metroactive | San Jose | Mud Happens".
- ^ "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.
- ^ "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.
- ^ "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.
- ^ Statista statistics- Environmental crimes by country-Russia
- ISBN 978-0-7619-0036-8
- ^ a b US EPA, OECA (2013-05-03). "Basic Information on Enforcement". www.epa.gov. Retrieved 2024-03-25.
- ^ a b Tomkins, Kevin. Police, Law Enforcement and the Environment [online]. Current Issues in Criminal Justice; Volume 16, Issue 3; March 2005; 294–306
- ^ White, R. 2003‘Environmental Issues and the Criminological Imagination’, Theoretical Criminology, 7(4): 483–506.
- .
Further reading
- Nellemann, Christian; et al., eds. (2014). The Environmental Crime Crisis: Threats to Sustainable Development From Illegal Exploitation and Trade in Wildlife and Forest Resources. Nairobi, Kenya; Arendal, Norway: United Nations Environment Programme; GRID-Arendal. ISBN 978-82-7701-132-5.
- Nellemann, Christian; et al., eds. (2016). The Rise of Environmental Crime: A Growing Threat to Natural Resources, Peace, Development and Security. Nairobi, Kenya: United Nations Environment Programme. ISBN 978-82-690434-0-2.
External links
- Interpol - environmental crime page
- Environmental Crime-Havocscope Black Markets -Statistics and data on environmental crime
- Wildlife Enforcement Monitoring System
- Australian Institute of Criminology
- Monitoring and Enforcement of Climate Policy