FEDERAL ENVIRONMENTAL CRIMES

 Mr. Feldman has experience defending individuals charged with and under investigation for federal environmental crimes.

Businesses should be wary of the numerous, and often complicated, environmental regulations that, if violated, may result in criminal consequences. Indeed, many businesses and business activities, including commercial cruise lines, mining and natural gas exploration, the construction and development of commercial and residential properties, the sale or purchase of heating venting and air conditioning (HVAC) equipment or parts, automotive sales, waste disposal and management, and the use of chemicals, pesticides, or lead paint may potentially implicate the criminal provisions of the two most common federal environmental statutes, the Clean Air Act or the Clean Water Act.

The Criminal Investigative Division of the EPA (EPA-CID) is responsible for investigating violations of those statutes. The criminal provisions of the Clean Air Act are set forth in 42 U.S.C. § 7413.  The criminal provisions of the Clean Water Act are set forth in 33 U.S.C. § 1319.

Clean Water Act

Any person who negligently or knowingly discharges any pollutants, oil, or waste into waters of the U.S., including wetlands, without an authorized permit may be criminally prosecuted for a violation of the Clean Water Act.

Clean Air Act

Any person who knowingly releases any hazardous air pollutant or extremely dangerous substance may be criminally prosecuted for a violation of the Clean Air Act.

There are also numerous other, additional criminal provisions in each Act that forbid certain conduct, including, but not limited to:

• Violation of National Emission Standard for Hazardous Air Pollutants
• Violation of Stratospheric Ozone Protection Provisions
• Tampering with Monitor Device or Method
• Discharge into a Publicly Owned Treatment Works (POTW)