Environ-Environmental Crimes Prosecutions for 2015
Number Year-to-date 157 Percent Change from previous year 3.3 Percent Change from 5 years ago -20.3 Percent Change from 10 years ago -27.6 Percent Change from 20 years ago 86.9
Table 1: Criminal Environ-Environmental Crimes ProsecutionsThe latest available data from the Justice Department show that during FY 2015 the government reported 157 new environ-environmental crimes prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 3.3% over the past fiscal year when the number of prosecutions totaled 152.
The comparisons of the number of defendants charged with environ-environmenta offenses are based on case-by-case information obtained by TRAC under the Freedom of Information Act from the Executive Office for United States Attorneys (see Table 1).
Compared to five years ago when there were 197, the number of FY 2015 prosecutions of this type is down 20.3 percent. Prosecutions over the past year are lower than they were ten years ago. Overall, the data show that prosecutions of this type are down 27.6 percent from the level of 217 reported in 2005 but up 86.9 percent from the level of 84 reported in 1995.
The long term trend in environ-environmental crimes prosecutions for these matters going back to FY 1995 is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of environ-environmental crimes prosecutions of this type recorded each fiscal year. Each presidential administration is distinguished by the color of the bars. To view trends month-by-month rather than year-by-year, see TRAC's monthly report series for the latest data.
Leading Investigative Agencies
The lead investigative agency for environ-environmental crimes prosecutions through September 2015 was "Other - Environmental Protection Agency" accounting for 49.7 percent of prosecutions referred.
As shown in Figure 2, additional agencies with substantial numbers of environ-environmental crimes referrals were: Homeland Security - Other (16.6%), "Interior" (10.8%), "Commerce" (6.4%), "Treasury - Internal Revenue Service" (5.1%). The "Other" category in Figure 2 is comprised of a diverse group of agencies. The agencies with substantial numbers of environ-environmental crimes within the "Other" category were: Justice - Federal Bureau of Investiga" (3.8%).
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of environ-environmental crimes matters filed in U.S. District Court during FY 2015.
Lead Charge Count Rank 1 yr ago 5 yrs ago 10 yrs ago 20 yrs ago 33 USC 1319 - Water Pollution - Enforcement 46 1 1 1 1 1 More 33 USC 1908 - Prevention of Pollution from Ships - Penalties 24 2 6 4 6 16 More 42 USC 7413 - Air Pollution Prevention and Control - Fed strd 18 3 4 2 8 6 More 16 USC 3372 - Illegally Taken Fish & Wildlife - prohibited acts 11 4 13 11 13 16 More Other US Code Section 11 4 3 6 4 5 More 42 USC 6928 - Hazardous Waste Management - Federal Enforcement 7 6 8 3 5 2 More 18 USC 371 - Conspiracy to commit offense or to defraud US 6 7 2 5 9 3 More 33 USC 1321 - Oil and hazardous substance liability 6 7 19 14 33 7 More 16 USC 668 - Bald and golden eagles 3 9 26 - 33 8 More 18 USC 1001 - Fraud/false statements or entries generally 3 9 7 8 3 8 More 21 USC 331 - Fed Food, Drug & Cosmetics Act - Prohibited acts 3 9 26 14 23 16 More
Table 2: Top charges filed
"Water Pollution - Enforcement" (Title 33 U.S.C Section 1319) was the most frequent recorded lead charge. Title 33 U.S.C Section 1319 was ranked 1st a year ago, while it was the 1st most frequently invoked five years ago. It was ranked 1st ten years ago and 1st twenty years ago.
Ranked 2nd in frequency was the lead charge "Prevention of Pollution from Ships - Penalties" under Title 33 U.S.C Section 1908. Title 33 U.S.C Section 1908 was ranked 6th a year ago, while it was the 4th most frequently invoked five years ago. It was ranked 6th ten years ago and 16th twenty years ago.
Ranked 3rd was "Air Pollution Prevention and Control - Fed strd" under Title 42 U.S.C Section 7413. Title 42 U.S.C Section 7413 was ranked 4th a year ago, while it was the 2nd most frequently invoked five years ago. It was ranked 8th ten years ago and 6th twenty years ago.
Among these top ten lead charges, the one showing the greatest increase in prosecutions—up 500 percent—compared to one year ago was Title 33 U.S.C Section 1321 that involves "Oil and hazardous substance liability ". This was the same statute that had the largest increase—267%—when compared with five years ago.
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down 72.7 percent—was "Conspiracy to commit offense or to defraud US " (Title 18 U.S.C Section 371 ). This was the same statute that had the largest decrease—73.1%—when compared with five years ago.
Top Ranked Judicial Districts
Understandably, there is great variation in the number of environ-environmental crimes prosecutions in each of the nation's ninety-four federal judicial districts. The districts registering the largest number of prosecutions of this type during the first twelve months of FY 2015 are shown in Table 3.
The District of Alaska—with 18 prosecutions—was the most active through September 2015.
The Eastern District of North Carolina (Raleigh) ranked 2nd.
The Central District of California (Los Angeles) now ranks 3rd.
Report Generated: April 4, 2016
