Las Vegas Federal Environmental Crimes Defense Attorney
Environmental crimes involve violations of federal laws and regulations that protect natural resources, wildlife, and public health from harmful pollutants, hazardous waste, and other environmental hazards. Charged under 33 U.S.C. § 1319 (Clean Water Act), 42 U.S.C. § 7413 (Clean Air Act), and other federal statutes, environmental crimes can result in severe penalties for individuals and businesses, including hefty fines, imprisonment, and restitution for environmental damage.
At Hofland & Tomsheck, attorney Josh Tomsheck, a Nationally Board Certified Criminal Lawyer, has experience defending individuals and companies accused of environmental crimes. These cases are often complex and involve federal agencies like the Environmental Protection Agency (EPA), making it crucial to have a skilled defense attorney who understands environmental law and can help protect your rights and your business.
What Are Environmental Crimes?
Environmental crimes, as defined under federal statutes like the Clean Water Act (33 U.S.C. § 1319) and the Clean Air Act (42 U.S.C. § 7413), involve illegal actions that result in pollution, contamination, or destruction of the environment. These crimes can be committed by individuals, corporations, or government entities and often involve violations of regulations governing air quality, water pollution, waste disposal, and hazardous materials. Some of the most common types of environmental crimes include:
Illegal Discharge of Pollutants: Dumping or discharging harmful chemicals, waste, or pollutants into rivers, lakes, oceans, or other bodies of water without the required permits is prohibited under the Clean Water Act. Violators may face significant penalties, especially if the discharge causes environmental damage.
Violation of Emissions Standards: Companies that operate factories, plants, or vehicles emitting pollutants must adhere to federal air quality standards under the Clean Air Act. Violating emissions standards, either by exceeding allowable limits or tampering with pollution control equipment, can result in criminal charges.
Hazardous Waste Disposal: The improper storage, handling, or disposal of hazardous waste materials, including toxic chemicals and industrial waste, is regulated by the Resource Conservation and Recovery Act (RCRA) . Violating these regulations by dumping hazardous waste into landfills or waterways is a serious federal offense.
Endangered Species Violations: Under the Endangered Species Act, it is illegal to harm, kill, or trade in endangered or threatened species. Violations of this act can result in both civil and criminal penalties, especially for businesses that illegally exploit wildlife or trade in protected species.
Environmental crimes can be charged at both the federal and state levels, and they often involve coordination between agencies like the Environmental Protection Agency (EPA), Federal Bureau of Investigation (FBI), and state environmental agencies. These cases can also involve civil lawsuits seeking damages for environmental harm or restoration costs.
Case Law and Legal Precedents for Environmental Crimes
Several significant court cases have shaped the way environmental crimes are prosecuted under federal law. In United States v. Weitzenhoff, 35 F.3d 1275 (9th Cir. 1993), the Ninth Circuit Court upheld the conviction of two wastewater treatment plant managers for violating the Clean Water Act by discharging pollutants into the ocean. The court ruled that even though the defendants believed they were complying with regulations, their ignorance of specific requirements did not exempt them from liability. This case set a precedent that "ignorance of the law" is not a defense in environmental crime cases.
In United States v. Hanousek, 176 F.3d 1116 (9th Cir. 1999), the court upheld the conviction of a supervisor for negligently allowing oil to spill into a river during pipeline maintenance. This case established that environmental crimes can be prosecuted even when negligence, rather than intentional misconduct, is involved.
Another important case is United States v. Ward, 448 U.S. 242 (1980), where the Supreme Court ruled that civil penalties under the Clean Water Act could be imposed even when the violation was unintentional. This case reinforced the broad enforcement powers of the government in environmental cases and the importance of strict compliance with environmental regulations.
Penalties for Environmental Crimes
Environmental crimes are taken seriously by federal authorities, and the penalties for violating environmental laws under statutes like the Clean Water Act and Clean Air Act can be severe. The penalties for environmental crimes include:
Fines: Individuals and corporations convicted of environmental crimes can face substantial fines, often reaching hundreds of thousands or even millions of dollars, depending on the scope of the violation and the environmental harm caused.
Imprisonment: The statutory penalties for environmental crimes vary based on the specific offense. For example, violations of the Clean Water Act can result in up to three years in federal prison for negligent violations and up to 15 years for knowing violations. Felony convictions under the Clean Air Act can carry similar penalties.
Restitution: Defendants convicted of environmental crimes may be required to pay restitution to cover the costs of cleaning up environmental damage or restoring natural resources affected by the illegal activity.
Forfeiture: In some cases, individuals or companies convicted of environmental crimes may be required to forfeit property, equipment, or other assets used in the commission of the crime.
The U.S. Sentencing Guidelines provide an advisory sentencing range for environmental crimes, taking into account factors such as the nature and extent of the environmental damage, the defendant's role in the violation, and whether the offense was committed intentionally, negligently, or as part of a larger corporate scheme.
Federal Investigations and Environmental Crime Charges
Environmental crimes are often investigated by federal agencies, including the Environmental Protection Agency (EPA), the Department of Justice (DOJ), and the FBI, which have specialized divisions dedicated to enforcing environmental laws. These investigations typically involve the collection of environmental data, water or air quality tests, and inspections of facilities suspected of violating federal environmental standards.
In many cases, environmental crime investigations are initiated after complaints from whistleblowers, environmental watchdog organizations, or state agencies. Environmental task forces, such as the EPA’s Criminal Investigation Division (CID), may also work with local law enforcement to gather evidence and build cases against individuals or companies suspected of violating environmental laws.
If you or your company is under investigation for environmental crimes, it is critical to seek legal representation as soon as possible. Environmental cases can involve highly technical scientific evidence, and early legal intervention can help ensure that your rights are protected during the investigation.
Defenses Against Environmental Crime Charges
At Hofland & Tomsheck, we take a comprehensive approach to defending clients against environmental crime charges, working closely with environmental experts and challenging the government's evidence. Common defenses against environmental crimes include:
Lack of Intent: Many environmental statutes, such as the Clean Water Act, impose criminal penalties for both knowing and negligent violations. If the defendant did not intentionally violate environmental laws or was unaware of the specific regulations, this can serve as a defense.
Compliance with Permits: In some cases, defendants may have believed they were operating in compliance with environmental permits or regulations. If the defendant was following the guidance of regulatory agencies or had permits in place for certain activities, this may serve as a defense.
Challenging Scientific Evidence: Environmental crime cases often rely on scientific data, such as pollution levels, emissions tests, or chemical analyses. By challenging the accuracy of this data or the methods used to collect it, we can raise doubts about the validity of the government's case.
Procedural Violations: If federal agencies failed to follow proper procedures during the investigation, such as conducting inspections without a warrant or violating the defendant's Fourth Amendment rights, we can file a motion to suppress the evidence, potentially leading to the dismissal of the charges.
Sentencing Guidelines for Environmental Crimes
Federal sentencing for environmental crimes is governed by the U.S. Sentencing Guidelines, which provide an advisory range based on several factors:
Extent of Environmental Damage: Larger-scale violations that cause significant harm to natural resources, wildlife, or public health generally result in harsher penalties.
Corporate Responsibility: In cases involving corporations or businesses, the penalties may be enhanced if the violation was part of a larger scheme to avoid environmental regulations or maximize profits at the expense of environmental compliance.
Role in the Offense: Defendants who played a leadership role in organizing or directing the illegal activities may face more severe penalties, including longer prison sentences and higher fines.
Judges consider the guidelines when determining sentences but also have discretion to impose sentences based on the specific facts of the case. In cases involving significant environmental harm or repeat offenders, sentences can be significantly enhanced.
Why Choose Josh Tomsheck for Your Environmental Crimes Defense
Environmental crimes cases are complex and often involve scientific evidence, environmental regulations, and federal enforcement agencies. Having an experienced defense attorney is crucial to navigating the complexities of federal environmental law and protecting your rights. Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with a proven track record of defending clients against serious federal charges, including environmental crimes.
As a former prosecutor, Josh understands how the government builds its case and can anticipate the prosecution's strategies. He develops tailored defense strategies designed to challenge the government's evidence, discredit expert witnesses, and negotiate favorable outcomes for his clients. At Hofland & Tomsheck, we provide personalized, aggressive defense for individuals and businesses facing federal environmental crime charges.
Schedule Your Free, Confidential Consultation Today
If you are facing federal environmental crime charges or are under investigation by federal authorities, contact Hofland & Tomsheck today to schedule a free, confidential consultation with Josh Tomsheck. We offer flexible consultation options, including in-person meetings, phone consultations, and Zoom sessions.
Call us at (702) 895-6760, or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101. Let us help you protect your rights and build a strong defense against federal environmental crime charges.
