From Eugene to Seattle: Analyzing the Prosecution of Environmental Crimes Within EPA Region 10

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Date

2024-05-01

Authors

Ozymy, Joshua
Ozymy, Melissa Jarrell

Journal Title

Journal ISSN

Volume Title

Publisher

University of Oregon School of Law

Abstract

Criminal provisions in federal environmental law in the United States are reserved for the worst violations involving significant harm or culpable conduct, but we know little about how these crimes have been prosecuted within EPA Region 10, which includes the states of Alaska, Idaho, Oregon, and Washington. We use content analysis of 2,807 environmental crime prosecutions stemming from EPA criminal investigations, 1983–2022, and explore all 284 prosecutions occurring within Region 10 since 1983. We find defendants were cumulatively assessed over $196 million in monetary penalties, 947 years of probation, and 156 years of incarceration at sentencing. Forty-two percent of prosecutions focused on air pollution crimes, 19 percent hazardous substances, 13 percent water pollution, and 26 percent state-level crimes. We conclude by offering prescriptions for enhancing the criminal enforcement of the environment through structural budgetary investments, increased state-federal cooperation, and strengthening of criminal enforcement associations.

Description

34 pages

Keywords

Federal criminal law, Pacific Northwest, Alaska, Washington, Idaho, Oregon, Environmental Protection Agency

Citation

39 J. Env't L. & Litig. 91