Miami Environmental Crimes Attorney

If you or your business is under investigation for an environmental crime, it is important to speak with an attorney before responding to investigators. Allegations involving waste disposal, water pollution, or air emissions can lead to criminal charges as well as civil penalties. Business owners, managers, and employees may face personal criminal liability for conduct connected to their work.

Our Miami federal criminal defense attorneys can review the allegations, explain the law that applies, and help you decide how to respond. Early legal advice can be especially important when an inspection or request for records raises concerns about possible criminal charges.

What Is an Environmental Crime?

Environmental crimes involve violations of laws that protect air, water, and land or govern the handling of hazardous waste. Federal charges may arise from unlawful discharges, improper waste disposal, violations of permit requirements, or false reports submitted to regulators.

An environmental violation does not automatically establish a crime. The government must prove each element of the charged offense beyond a reasonable doubt. Many federal environmental offenses require proof of knowing conduct, while some allow criminal charges based on negligence. Whether the government must prove knowledge of a particular fact or requirement depends on the statute and the cases interpreting it.

Federal Environmental Laws and Criminal Charges

Clean Water Act Violations

The Clean Water Act regulates certain discharges of pollutants into waters covered by federal law. Criminal allegations may involve discharging wastewater without a required permit, violating permit limits, or unlawfully introducing pollutants into a public sewer system. Whether the water, discharge, and activity fall within the law is an important part of reviewing the charge.

Under 33 U.S.C. § 1319(c), a first conviction for a negligent violation under paragraph (1) can carry up to one year in prison. A first conviction for a knowing violation under paragraph (2) can carry up to three years. Fines may also apply, and repeat convictions or knowing-endangerment charges can carry higher penalties.

Hazardous Waste Violations

The Resource Conservation and Recovery Act (RCRA) governs the handling of hazardous waste. Criminal charges can involve knowingly treating, storing, or disposing of hazardous waste without a required permit, or knowingly transporting it to a facility that lacks the required permit.

Under 42 U.S.C. § 6928(d), certain hazardous waste offenses carry up to five years in prison for a first conviction, along with possible fines. Other provisions address false records, missing shipping documents, and unlawful exports. The defense may turn on whether the material legally qualifies as hazardous waste, whether a permit or exemption applies, and what the accused person knew.

Clean Air Act Violations

The Clean Air Act includes criminal provisions for certain knowing violations of emissions standards, permit requirements, and rules governing hazardous air pollutants. These cases can include allegations involving asbestos handling during demolition or renovation, as well as violations of rules for refrigerants.

Under 42 U.S.C. § 7413(c), specified knowing violations can carry up to five years in prison for a first conviction. Separate provisions address false documents, tampering with required monitoring equipment, and conduct that places another person in imminent danger of death or serious bodily injury.

False Statements and Records

Environmental investigations may also focus on discharge reports, waste manifests, laboratory results, or statements made to federal agents. Knowingly and willfully making a materially false statement in a matter within federal jurisdiction can lead to separate federal false statement charges. Environmental statutes also contain their own provisions concerning false reports and records.

Who Investigates Environmental Crimes?

The U.S. Environmental Protection Agency’s criminal investigators investigate suspected violations of federal environmental laws. Other federal agencies may take part, depending on the conduct involved. Federal prosecutions are handled by the U.S. Department of Justice, including U.S. Attorney’s Offices.

Investigators may seek business records, interview workers, inspect facilities, or collect samples for testing. If agents contact you, seek advice from a lawyer who handles criminal investigations before agreeing to a voluntary interview. Preserve relevant records and have counsel review any subpoena, records request, or reporting deadline promptly. Do not alter documents or interfere with an inspection or search.

Defending an Environmental Criminal Case

These cases often depend on technical evidence and the rules in effect when the alleged conduct occurred. A defense requires a close review of the government’s proof and your role in the events. Depending on the charge, issues may include:

• Whether the law applies: Does the government have proof that the substance, location, or activity falls within the charged statute?
• Permits and exemptions: Was a permit required, what did it allow, and did an exception apply?
• Knowledge or negligence: Can prosecutors prove the state of mind or failure to use reasonable care required for the particular offense?
• Testing and records: Were samples collected and tested properly, and do the records support the government’s account?
• Your role: What did you do, what authority did you have, and what evidence connects you to the alleged violation?

A spill, a failed test, or a violation notice does not answer all of these questions. We can examine the evidence, assess whether expert review is needed, and identify grounds to challenge the charges. The facts of the case will guide whether to seek a dismissal, negotiate a resolution, or prepare for trial.

Penalties for Federal Environmental Crimes

The possible sentence depends on the specific offense, the number of counts, and any prior convictions. Some knowing-endangerment offenses carry prison terms of up to 15 years for a first conviction. Fines can also be substantial; certain statutes authorize fines for each day of a violation.

A statutory maximum is not a prediction of the sentence in a particular case. The court must consider the applicable federal sentencing guidelines and other sentencing factors. An attorney should assess the actual charges and evidence before advising you about your likely exposure.

Contact an Experienced Miami Environmental Crimes Lawyer

If you are under investigation or have been charged with an environmental crime in Miami or elsewhere in South Florida, contact our office to discuss your case. We can review the government’s allegations and help you understand your options before you make decisions that may affect your freedom, business, or career.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

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