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Criminal Provisions of
Federal Environmental Law
Jereme M. Altendorf, CHMM
Altendorf Regulatory Consultants, LLC
US Coast Guard, LCDR Reserve
An overview
1

Teaching Modules
Module 1: Environmental Law History
Module 2: Environmental Law Potpourri
Module 3: The ‘Majors’
2

Law
Enforcement
Regulatory
concepts
Regulators
Criminal
procedures
3

Why Do I
Need This
Course?!?
States must
meet or exceed
federal law
So you know who to call
4

MODULE ONE
Environmental Law
History
5

...And you may ask
yourself...
Is there too much regulation?
Why do we need so much?
Is all of this really necessary?
6

Defining the Problem
“The one who does not
remember history is
bound to live through it again.”
-George Santayana, 1863-1953, American philosopher
7

It All Started Here...
Rivers & Harbors Act
(Refuse Act) 33USC§407
First Environmental Law: 1899
Prohibits discharge of refuse into navigable waterways
ACOE and USCG
Discharge or excavation/filling of navigable waterway
$2500 Fine and One year jail
8

YET LITTLE CHANGED...
...Until The Modern Environmental Movement
9

Donora, PA at noon on Oct. 29, 1948 as deadly smog
envelops the town.(Pittsburgh Post-Gazette Photo)
atmospheric weather inversion + zinc smelter stacks
11

Divide into teams and obtain scenarios
Primary applicable statute and regulations
Any secondary legal considerations
Reportable quantity/health based standards etc.
State and/or local agencies that may assist
Determine brief-out representative
Group Project
15

Team #1
Two commercial pesticide applicators operated
separate unlicensed structural pest control
businesses for at least three years, applying
restricted use agricultural pesticides indoors and
distributing unlabeled pesticides in food and
beverage containers. The most recent case involved
the use of eldrin.
16

Team #2
Federal Custom’s Inspectors in Los Angeles,
CA, discovered approximately 278,256
kilograms of hydrochloroﬂuorocarbon - 22
(HCFC-22), in an abandoned warehouse near
the Port of LA.
17

Team #3
Drums of pentachlorophenol (PCP) were found at a
wood treatment facility.The EPA had issued a RCRA
Corrective Action order against the facility for
improper storage, and during the follow-up
inspection the drums were gone.An anonymous tip
to a local city inspector enabled EPA to conﬁrm that
the PCP drums were dumped in a nearby creek.
18

Team #4
During their last Coast Guard inspection at
the Port of San Diego the crew of the M/V
CAPITOLA conﬁdentially reported to one of
the Coast Guard inspectors that they had an
illegal oily waste bypass system.The “magic
pipe” proved to be a bypass hose that allowed
the dumping of waste oil overboard.
19

Team #5
While working on a sewer line in Orange County,
POTW employees discover the pH levels of the
water had plummet to below 1.0. Luckily, only
one company on the line in that area uses sulfuric
acid and copper sulfate in the manufacturing
processes. During the initial investigation, several
storage deficiencies are discovered as well as a
pipe that connected to a storm sewer outfall
towards the back of the property.
20

Quick Facts
Fig. 1: Growth of Environmental Laws in the US from 1945-1990
21

Quick Facts
Fig. 2: Growth of Federal environmental regulations.
**Pages in the Code of Federal Regulations totaled 16,400 in
1999—almost 10 percent growth in one year.**
22

Quick Facts
Fig. 4: A New Direction for Corporations
Where are we Today? What did the last decade look like?
23

Quick Facts
Fig. 3: Trends in EPA Enforcement
24

Environmental Crime Stats
0
75
150
225
300
375
450
FY04 FY05 FY06 FY07 FY08
5764
154
186
77
176
248
278
320
293
319
340
305
372
425
Cases initiated
Defendants charged
Years of incarceration
Figure 1
25

Environmental Crime Stats
*Inﬂation adjusted to FY08 Dollars*
$0M
$25M
$50M
$75M
$100M
$125M
$150M
FY04 FY05 FY06 FY07 FY08
$12
$141
$31$29
$7
$64$66
$46
$111
$54
Fines and restitution
Court ordered environmental projects
Figure 2
26

FY09 & FY10 Environmental Crimes
0
100
200
300
400
FY 2009 FY 2010
7276
289
200
346
387
Cases initiated
Defendants charged
Years of incarceration
$0
$25
$50
$75
$100
FY2009 FY2010
$18
$10
$41
$98
Fines and restitution
Court ordered environmental projects
Figure 3 Figure 4
27

How is environmental
law different?
28

State and Local Role
0%
15%
30%
45%
60%
75%
90%
CAA CWA FIFRA RCRA SDWA
78%
73%
77%
67%
82%
Fig. 5: Percent of statute delegated to states
29

Public Welfare
Offense Doctrine
30

Responsibility
Authority to prevent
Ability to remedy
Intent
Knowledge of regulation
31

In what ways does the
Public Welfare Offense
Doctrine differ from
traditional law enforcement?
32

What does this
mean for the
regulated
community?
33

Take Home Points
Massive regulatory
scheme exists for a
reason: historical
pollution events
Role of state & local officials:
enforce federal law
Intent to violate or knowledge of regulation:
not required for enforcement
LE and regulators:
cooperation required
for success
34

All Module References
1. Cole, Joseph E. “Environmental Criminal Liability:
What Federal Officials Know can Hurt Them -- Or
Should Know.”
2. Sullivan, Thomas. “Environmental Law Handbook”
21st Edition, Gov’t Institutes.
3. Selected Environmental Law Statutes 2007-2008
4. LaGrega et al. “Hazardous Waste Management”
2nd Edition.
5. Mason, Steve. “You Mean There is More than
Superfund...? Basics of Environmental Statutes”
35

Contact information:
Jereme M. Altendorf
Phone: 619-630-5325
Email: Altendorf@regulatoryconsultants.org
Twitter: @AltRegConsult
36

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Advanced Environmental Crimes Training Program M1

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