Defending Individuals and Businesses Accused of Environmental Crimes
The state and federal government both prosecute a lengthy list of environmental crimes. The Department of Justice has the Environmental Crimes Section and the Environmental Protection Agency has the Office of Criminal Enforcement. In California there are numerous agencies that can and do prosecute environmental crimes.
There are literally dozens of statutes that define criminal environmental offenses. For example there is the Clean Water Act, the Clean Air Act, the Refuse Act, the Comprehensive Environmental Response, the Resource Conservation Recovery Act and many more. These statutes cover every business and industry imaginable.
Often both the state and federal government have jurisdiction over the same conduct. Prosecutors have wide discretion in determining whether or not to file charges. Unlike most criminal conduct, an environmental crime can occur when there is a negligent violation can give rise to criminial liability. Because of the broad discretion prosecutor’s have in these cases sometimes the decision whether or not to proceed with criminal charges comes down to how serious the violations are, whether the person or the business has a history of violations and offers to cooperate with law enforcement to remedy the violation.
Call Federal Criminal Defense Lawyer Kresta Daly – (916) 440-8600