Running Head: Environmental Crime

Environmental Crime
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ABSTRACT

Environmental Crime is a very serious crime not only to the present society but also to the next generation of humans, animals and plants. This is a serious matter that affects the whole plant. This research paper discusses the definition of environmental crime, a few examples of companies that had committed environmental crime, environmental laws and crime punishment of the companies who had committed these crimes.

Definition of Environmental Crime

Environmental Crime is very hard to define. Some people say that it is a white collar crime, to others it is not just simply a white collar crime but it can be considered as crime against society. Whit Gibbons (2001) had shown two types of environmental crime in his article. First type is an individual such as an ordinary person dumping waste to the river and the other type is the white-collared type where companies dump harmful contaminants to a water source or the air. The main difference of the two according to Gibbons (2001) is that it is easier to prosecute an individual than a business corporation. The sad part is the business corporations who commit environmental crimes affects the environment more than an individual. He had treated the business corporation offenders as white-collar criminals and as such defined it in the article

“crimes are committed by individuals or corporations for financial gain and involve knowledgeable, educated participants who attempt to circumvent the law”

The definition of the environmental crime in legal terms is any "willful criminal violation that results in actual and substantial harm to the water, ambient air, soil, or land." There are several laws that had been put in to place by the government and this would be discussed in the next part of the paper.

Environmental Laws

According to the Crime and Punishment in America, the publication that could be treated as a guide for environmental protection is the 1962 book by Rachel Carson which is the Silent Spring. The book had cautioned the readers about the use of pesticides and its effect to the environment especially on birds, fishes and animals.

The laws that had been submitted by the law officials in America includes protective laws for bodies of water, air, endangered species, toxic substances, oil spills and pesticides. The Clean Air Act of 1970 penalizes individuals or business entities that release harmful gasses that affects the air quality standards. The Clean Water Act or the Federal Water Pollution Control Act Amendmnts of 1972 address water. The act had given the authorities to penalize individuals or business corporations to release pollutants in U.S. waters unless there is a permit that shows a careful control of release is obtained. Marine Protection, Research and Sanctuaries Act of 1972 (Ocean Dmping Act) pertains to the control of Pollution in the Ocean. Endangered Species Act of 1973 protects certain plants and animals that are in the endangered species list. Resource Conservation and Recovery Act of 1976 controls hazardous waste from transportation to disposal. Toxic Substances Control Act of 1976 pertains to tracking of materials that can be harmful to living things. Comprehensive Environmental Response, Compensation and Liability Act of 1980 provides laws for the clean up of the environment using “Superfund”. Oil Pollution Act of 1990 is connected to the Clean Water Act where the act also protects and prevents oil spills by requiring storage facilities and oil tankers ships to follow regulations. Lastly, Federal Insecticide, Fungicide and Rodenticide of 1947 control the manufacture and use of these substances. (Crime and Punishment in America Vol 1, 2004).

Corporations and Health and Environmental Issues

There had been several Corporations who had committed Environmental Crime to society, some of which had given the environment harm. These corporations had been proven to have committed crime against the environment. The most familiar environmental crimes that had been publicized in the media are the Wal Mart, General Motors Corporations and Exxon Mobil Corporation. Other corporations that would be shown in this research is the Norlite Company and Skanska.

The Wal-Mart had been known for building an estimate of 200 stores annually. These stores had shown to be a major contributor of water pollutants in the water quality of the areas in 24 constrution sites in nine states. The company has been charged with storm water violations. The company had failed to place control water pollutants runoff, ineffective controls and failure of inspection in sites that had release sediments to ecological communities. (Crime and Punishment in America Vol 1, 2004) Water pollution affects the ecosystem in rivers and lakes. If water pollution had been not prevented by the government because of these stores, then most likely the bodies of water in America’s water quality may have been affected.

The General Motors Corporation had been charged of selling vehicles that did not meet with the regulations of the Clean air Act. The Cadillac models from 1991 to 1995 had been equipped with devices that causes build up of Carbon Monoxide, three times the normal content of automobiles. The company added this devices to address the stalling engine complaints from the customers. (Crime and Punishment in America Vol 1, 2004) Carbon Monoxide harmful for the environment because this contributes to the green house effect and at the same time is very harmful to humans. Carbon Monoxide poisoning affects a human’s ability to work and learn and can cause headaches and impair vision. Prevention is necessary to minimize the effect of this substance in the atmosphere and to humankind.

The Exxon Mobil Corporation had been charged to have spilled 11 million gallons , or 257,000 barrels of oil into Prince William Sound. The oil had been spilled in the water for three days. The oil had been able to contaminate 1,300 miles of Alaskan shoreline. An estimate of 250,000 seabirds, 2,800 sea otters, 300 harbor seals, 250 bald eagles, 22 killer whales and billions of salmon and herring eggs were lost. This major disaster to the biodiversity of Alaska had categorized the animals affected as recovered, recovering and not recovering. As of 2004, approximately 3.6 miles of Alaskan shoreline is still contaminated with oil.

Another company that had contibuted to oil spill pollution to bodies of water is the Norlite Corporation. The company burns hazardous waste mixed with oil and converts shale into an alternative for concrete. Based on inspection by the EPA (Environmental Protection Agency), the company had been proven to be dumping the oil, fuel and polluted water in a drain and emptied underground. The company had been prosecuted however after the prosecution, the company had still continued to contaminate its underground through the company’s parking lot. This had been discovered when the parking lot of the company had been excavated. A new case had been filed against the company and the investigation is still on-going.

Skanska, a partner of the Swedish National Rail Administration, had build two single-line rail tunnels through a ridge in the southwest of Sweden. It had been discovered that the company uses Rhoca Gil, a substance which causes toxic injuries to workers inside a tunnel between March 1997 and Autumn 1997. 223 workers of the company had been diagnosed as having symptoms of acrylamid poisoning. In 1998, it is clear that 22 workers had received injuries to their nervous system. Water had also been contaminated because of the destruction in the bed rock. Dead fish had also been found in the rivers of the tunnel and it had also paralyzed three cows that had drank from the river.

Environmental Crime Punishment

The companies above had been proven to be harmful to the environment, however the criminal justice system had given fines to each. Wal-Mart had agreed to pay $3.1 Million Civil Penalty to the United States, Tennessee and Utah for violations of the Clean Air Act. In order to prevent further damage to the environment, Wal-Mart had conducted training to deal with runoff, inspect sites frequently and take immediate corrective action when needed. The company had also been required to spend $250,000 on a certain body of water that had been polluted by the company.

General Motors had settled with the government and paid for $45 Million for violations in the Clean Air Act. The fine is constituted of $11 Million fine, $25 Million to recall and fix the Cadillacs that they had sold and $ 8.75 million on projects to lessen carbon monoxide poisoning.

A special case is the Exxon Corporation, $150 Million in the criminal agreement. $125 Million had been given for the cleanup and pay private claims. The remaining $25 Million was split between the North American Wetlands Conservation Fund and the Victims of Crime Fund. Aside from this fine, the company had also been charged to pay $900 Million settlement in the civil agreement. These had been divided to pay for the clean-up, research and monitoring of wildlife and other activities relating to the conservation of environment. Another $100 Million was paid to the state and federal governments. The federal government spent its share on environmental care projects such as shoreline management and oil spill control.

Norlite company had paid $100,000 fine which is consisted of $25,000 as a payment to the DEC to buy equipment for hazardous materials and $75000 to the city of Cohoes for Fire training and protection programs. The company had also implemented measures to ensure full compliance to the laws. Skanska had paid for SEK 3 Million for corporate responsibility.

Conclusions and Recommendations

Based on the punishments given by the government it can be seen that there had never been any punishment relating to the halt of operations but the punishment given by the courts are mostly monetary in nature. Looking at the destruction in the environment, the life of the animals that had been lost and the habitat and destruction and contamination of the bodies of water and air is priceless. If these companies would only consider the things that had been done to the environment the damage done is not repairable. Although there is an Environmental Protection Agency of the government, some of the laws is not properly implemented. This is so because of some of the companies have several political connections in the government based on the opinion of Gibbons and Kennedy Jr. These articles had shown that there are several influences politically and socially that had been making hindrances to environmental laws. An example that had been given by Kennedy Jr., is the ordering of the American Government to halt its Clean Air Act investigations of animal factories and weaken the water rules to allow these factories access to pollute the bodies of water further. Law Legislations had been lax. According to Mr. Kennedy and partly the author of this research agree with the opinion that the major companies who are polluting the environment provides support to the administration so that these companies would be able to gain more profit in expense of the environment.

As such, the government must listen and implement the rules not only to minor environmental polluters but it must concentrate on the major polluters of the environment. Based on the evidences provided above, major companies had destroyed and made an impact against the environment. These companies must be stopped if the government aims to save the world for the next generation.

REFERENCES

Department of Law, (2002). Cohoes Company Pleads Guilty to Environmental Crimes. Retrieved last October 1, 2007 from The State Capitol, Department of Law. Website: http://www.oag.state.ny.us/press/2002/may/may07c_02.html
Eironline, (2002), Skanska managers found guilty of work environment crime Retrieved Last October 1, 2007 from the European Foundation for the Improvement of Living and Working Conditions. Website: http://www.eurofound.europa.eu/eiro/2002/02/feature/se0202106f.html
Gibbons, Whit. (2001). How do we curtail white-collar Environmental Crime? Retrieved last October 3, 2007 from The University of Georgia. Website: http://www.uga.edu/srel/ecoview3-15-05.htm
Kennedy Jr., R. F. (2007), Crimes Against Nature. Retrieved Last October 1, 2007 from Common Dreams. Website: www.commondreams.org.
Law Library. (2004). Environmental Crime- - Growing Environmental Awareness, Defining Environmental Crime, Occupational Safety And Health Act, Environmental Enforcement Agencies - Environmental laws, Case studies of corporate environmental crime. Retrieved Last October 1, 2007 from the American Law and Legal Information: Crime and Punishment in America Vol 1. Website: http://law.jrank.org/pages/11971/Environmental-Crime.html
Law Library. (2004). Defining Environmental Crime. Retrieved Last October 1, 2007 from the American Law and Legal Information: Crime and Punishment in America Vol 1. Website: http://law.jrank.org/pages/11964/Environmental-Crime-Defining-environmental-crime.html
Law Library. (2004). Environmental Crime: Most Common Environmental Crime. Retrieved Last October 1, 2007 from the American Law and Legal Information: Crime and Punishment in America Vol 1. Website: http://law.jrank.org/pages/11969/Environmental-Crime-most-common-environmental-crimes.html