Prosecution Rates For Environmental Crimes Near Zero
While U.S. regulators are actively flagging and tracking corporate violations of federal environmental laws, the government is rarely pursuing criminal penalties for those infractions.
The Environmental Protection Agency, the key department in safeguarding the country’s health from pollutants, pursues criminal charges in fewer than one-half of one percent of total violations, according to new research. Both the EPA and the Department of Justice do continue to score high-visibility accountability successes for environmental crimes every year, but most of these are civil charges, which require less evidence to prove and fewer resources to prosecute.
Yet critics worry that civil proceedings, which typically result in fines but no jail time or restitution, don’t offer the robust deterrent effect necessary to substantively impact corporate decision-making or offer compensation to affected communities.
“More than 64,000 facilities are currently listed in agency databases as being in violation of federal environmental laws, but in most years, fewer than one-half of one percent of violations trigger criminal investigations,” according to a newinvestigation from the Crime Report, a publication of the Center on Media, Crime and Justice at the John Jay College of Criminal Justice in New York.