Environmental law is the set of local, state, national, and international laws and regulations that govern the following areas:
- Pollution;
- Natural resources;
- Animal rights; and
- Environmental conservation.
There are a number of different state and federal environmental laws that have been enacted through legislative action by Congress, as well as through governmental agency actions. Congress has authorized many federal agencies, including the United States Environmental Protection Agency (“EPA”), to inspect environmental issues and enforce federal environmental regulations and laws.
Previously, environmental laws were largely based on very nuisance principles. For example, there were numerous regulations enacted that addressed obnoxious smells coming from contaminated land or water. Currently, the main environmental policies of the United States are intended to protect the environment and preserve it for the future, without “undue interference in business and commerce.”
As such United States environmental laws, regulations, and inducements are used to carry out the overarching policy stated above. Inducements are motivations, either positive or negative, that are intended to influence people and groups of people in carrying out environmental policy. If a person or business violates environmental laws, then they may be subject to civil fines in order to restore the environment or criminal prosecution if the violation is egregious in nature.
What Are Some Examples of Environmental Violations?
Environmental regulations are rules that are made by government agencies which affect the way the United States and local government address environmental policy. The most prominent environmental regulations created would be those enacted by the Environmental Protection Agency.
Once again, the EPA is authorized by Congress to write regulations, in cooperation with the current environmental laws. A variety of other agencies are also responsible for regulating specific environmental activities. For example, the United States Forest Service oversees matters relating to the national forests.
As mentioned above, environmental laws are intended to regulate the many aspects of business and public use of the environment. As such, environmental regulations include regulating the following areas of the environment:
- Laws and regulations surrounding air quality;
- Laws and regulations surrounding water quality;
- Laws and regulations surrounding waste management;
- Laws and regulations surrounding contaminant cleanup;
- Laws and regulations surrounding chemical safety; and
- Laws and regulations surrounding hunting and fishing.
With all of the numerous laws and regulations concerning the environment, there are numerous ways in which an individual or business may violate environmental laws. Common examples of environmental violations include:
- Illegal hazardous waste dumping;
- Illegal pesticide use;
- Burning garbage;
- Failure to maintain a facility at levels legal for the environment;
- Improperly disposing of and removing asbestos;
- Destruction of wetlands;
- Unpermitted industrial activity;
- Releasing particulates into the air; and
- Illegal automobile emissions.
If an individual or a business does any of the following environmental regulations, then they may be subject to certain fines, or in egregious cases criminal prosecution for their actions.
When Can You Be Fined or Convicted for an Environmental Violation?
There are numerous situations in which a person may be civilly fined or criminally convicted for an environmental violation. For example, the following situations are the most common situations which may result in an individual or business being liable for civil fines or criminal convictions:
- Whenever an individual or business releases a harmful substance into the environment in an amount that endangers the lives and well being of the people, property, or the environment itself.
- For example, BP Exploration and Production Inc. was criminally convicted of 14 counts for its illegal conduct which led to the 2010 Deepwater Horizon disaster, and was also fined $4 billion in criminal fines and penalties for their environmental violations; or
- If the violation of the environmental regulation was committed willfully, negligently, or with knowledge of the effects of the violation.
- In these cases, the local or federal government may both civilly sue and criminally prosecute the person or business responsible for violating environmental regulations based on their grossly negligent or egregious actions.
It is important to note that for administrative enforcement actions by the EPA, such as notices of violation or compliance orders, the statute of limitations for such actions is generally five years from the date of the environmental violation. This means that if the EPA or agency in charge of enforcing environmental regulations in the area fails to bring a claim against the person or party responsible for the environmental violation, then they may be barred from pursuing legal action against that person or organization.
What Are the Penalties of Violating the Environmental Laws?
As mentioned above, the most common legal penalty for violating environmental laws is the payment of monetary damages to restore the environment to how it was before the violations occurred.
There are typically three general penalties associated with violating environmental regulations, including:
- The payment of relocation fees if there are any protected species in the area which may be affected or are being affected by the actions of the business or individual;
- Monetary damages made to the agencies responsible for enforcing and protecting the environment in order to restore the environment to how it was prior to the illegal actions taken by the individual or party; or
- In the case of an individual or party committing egregious or grossly negligent environmental violations, punitive damages which are meant to punish the violator.
Any of the above legal penalties may be the responsibility of the person or business that caused the environmental damage to occur. Additionally, prior to a person or business being able to operate in an area, they may be required to obtain environmental permits. An environmental permit is a license or permit that allows a business to operate within an area.
The permit is typically based on the industry and tells the business how and where they can operate. The permits are typically designed to regulate the environmental impacts that a certain business can have on the surrounding environment.
The scope of the permit also may outline acceptable levels of emissions, disposal, or the use of certain materials or substances that are allowed by the business. If a business or person violates the environment, then that may result in their environmental permit being revoked.
Accused of an Environmental Violation?
If you are a business or person that has been accused of committing an environmental violation, then your first step should be directly contacting the organization that is responsible for enforcing environmental regulations in the area. Typically, a person accused of violating an environmental regulation may not even be aware that they are violating a regulation.
As such, the person or business will typically first receive a letter citing them for their violations and demanding that the actions which are violating environmental laws be ceased. Then if the person or business fails to cease their illegal activities, they will then become liable for a civil action.
An EPA lawyer is a lawyer that specializes in representing persons or businesses that have been cited with an environmental violation. An EPA lawyer will be able to advise a person that is accused of an environmental violation as to their rights in contesting the alleged violation and if there are any legal defenses available to them.
To Report an Environmental Violation
If you are aware of a business or person that is causing damages to occur to the environment, property, or persons in the area as a result of an environmental violation, then you should immediately contact your local EPA branch. Additionally, if you have been accused of committing an environmental violation, then you should consult with an experienced government lawyer.
An experienced government lawyer will be most familiar with local environmental laws, and will be able to help you determine whether or not you have violated the laws. Additionally, they will also be able to represent your interests in court, as necessary.
