User:Lsibuc/Environmental crime

Global Legislation

The United Nations, United Nations Environment Programme (UNEP), Interpol, International Consortium on Combating Wildlife Crime (ICCWC), United Nations Office on Drugs and Crime (UNODC), The Green Custom Initiative (GCI) and many other international governing bodies make up the global legislation for prevention and prosecution of environmental crime.

Interpol

Interpol consists of four enforcement teams (Fisheries, Forestry, Pollution and Wildlife) that provide investigative assistance for international cases and targets, coordinate operations, aid member countries in information sharing, and analyze environmental criminal networks. These enforcement teams are under the Environmental Compliance Enforcement Committee (ECEC). The ECEC consists of high-ranking officials and decision-makers from member countries. This committee aids in identifying and prioritizing issues, as well as responding to emerging trends in environmental crime. Additionally, it serves as a platform for law enforcement professionals to exchange information about environmental crime in different areas of the globe.

Fisheries

Fisheries crime poses a significant threat to global food security and the sustainability of ocean ecosystems by depleting fish stocks and destabilizing coastal economies and societies. Exploiting the nomadic nature of fishing vessels, organized criminal groups engage in other illegal activities such as drug and human trafficking. The Interpol Global Fisheries Enforcement team aids member countries in detecting and combating fisheries crime, ensuring fish traceability and legality throughout the supply chain, providing support to disrupt trafficking routes and enforce national laws, enhancing cooperation and innovation to prevent such crime, and targeting criminal networks rather than just individual poachers. Interpol collaborates with other nation through originations and operations such as Operation Spindrift and the Fisheries Crime Working Group (FCWG). The FCWG serves as an international forum for exchanging expertise and developing innovative policing strategies to combat fisheries crime, collaborating with various governmental and non-governmental entities to coordinate operations aimed at dismantling criminal networks involved in such activities, while also aiding member countries in intelligence gathering, analysis, and information exchange with the global fisheries enforcement community. Project ALIOS is an Interpol run initiative started in 2022 funded by the EU, that strives for sustainable ocean management with a main focus against illegal, unreported and unregulated (IUU) fishing. The Project activities are as follows:

• Collecting, drafting and distributing criminal intelligence reports through different law enforcement agencies.
• National-level Operational investigation support
• Organizing Regional Investigative and Analytical Case Meetings (RIACMs)
• Strengthening organizational inputs and skills against IUU to support investigations against illegal fishing activities

Forestry

Forestry crime encompasses criminal activities across the forestry sector's supply chain, including illegal harvesting, transportation, processing, and sales, along with related offenses like document fraud, corruption, and money laundering. Illegal logging is responsible for habitat loss, endangering species, and is a contribution to global warming. The trade of illegal timber is estimated to have the value of 51-152 billion USD. Interpol defines forestry crime as follows:

• Illegal Exploitation of high-value endangered wood species
• Illegal logging in protected or indigenous lands
• Usage of plantation or agricultural front companies to launder harvested wood
• Documentation fraud to conceal illegal logging or tax evasion

The Interpol Forestry Crime team collaborates with law enforcement globally to combat illegal activities throughout the timber supply chain, aiding member countries in identifying trafficking routes, exchanging intelligence, and coordinating cross-border operations against forestry crime networks. They conduct extensive training and capacity building for law enforcement agencies across Asia, Europe, and the Americas, and facilitate collaboration between civil society organizations and law enforcement to combat illegal logging and related crimes. Interpol has had conducted many operations and projects to combat illegal logging and forestry crimes:

Operation Thunder (2021) was a joint global effort with the World Customs Organization (WCO) targeting wildlife and timber crime in 118 countries, resulting in numerous arrests and investigations related to illegal trade in CITES-listed wildlife and forestry products, including a significant seizure of 75,320 kg of timber, notably rosewood.

Operation Amazonas IV (2018) was an intelligence-led initiative to dismantle criminal networks trading illegal timber from Central and South America, leading to substantial timber seizures and arrests.

Operation Amazonas III (2017) involved Brazil, Colombia, Ecuador, and Peru in combating illegal logging and timber trade, resulting in significant seizures and arrests across transnational investigations.

Operation LEAD (2017) targeted forestry crimes in the Mekong region, enabling multi-agency collaboration and intelligence sharing, resulting in numerous seizures of illegal timber and arrests.

Pollution

Pollution crimes encompass various illegal activities including waste crime, marine pollution, illicit trafficking in chemicals, carbon trading crime, and pollution resulting from illegal mining activities. These activities are often driven by a high-reward, low-risk business model and involving organized crime that intersects with other criminal activities, necessitating coordinated national and international law enforcement responses.

Interpol works with agencies in other countries with information exchange, support and training to help those law enforcement agencies detect and disrupt pollution and other related crimes.

Operation 30 Days at Sea 2.0 (2019) was a month-long global operation involving over 200 enforcement authorities worldwide targeted marine pollution-related offences. It included over 17,715 inspections and 15,215 hours of surveillance, uncovering 3,789 offences. This led to the identification of 147 individuals, 401 companies, and 18 arrests, primarily related to illegal discharges to avoid compliance costs.

Operation 30 Days at Sea (2018) involved law enforcement agencies from 58 countries collaborated in October 2018 to combat marine pollution crimes. Approximately 15,000 inspections were conducted, revealing 1,500 violations. Over 200 vessels and 76 companies were reported to Interpol, resulting in 701 investigations and numerous fines and prosecutions. The operation underscored the importance of technology in detecting and deterring marine pollution offences.

30 Days of Action (2017) involved agencies from 43 countries joined forces to address illegal disposal and illicit trade of hazardous waste. This operation was the largest global enforcement action against waste crime, targeting hazardous waste shipments, illegal disposal, landfill activities, dumping sites, and unlawful recycling operations.

Wildlife

The illegal wildlife trade is estimated to be as lucrative as USD 20 billion annually, involving various criminal activities such as poaching, transportation, processing, and selling. Wildlife crime is also linked to broader illegal activities like money laundering and corruption.

To combat these issues, INTERPOL operates initiatives like Project Predator and Project Wisdom. Project Predator focuses on conserving Asian big cats, combating the demand for their parts, and dismantling smuggling networks. Project Wisdom targets elephant and rhinoceros poaching for ivory and horn, respectively, aiming to protect these species and disrupt criminal networks.

Several large-scale operations led by INTERPOL, such as Operation Thunderstorm, Operation Thunderbird, and Operation Worthy II, have resulted in numerous arrests and seizures of illicit wildlife products worldwide. These operations involve collaboration among law enforcement agencies, customs officials, and wildlife organizations from various countries, showcasing a concerted effort to combat wildlife crime.

Operation Paws II specifically targeted the illegal trade in pangolin products, seizing significant quantities of these endangered animals. This operation enhanced intelligence sharing and utilized advanced investigative techniques to disrupt trafficking networks.

Through these initiatives and operations, INTERPOL works alongside member countries to enforce wildlife protection laws and dismantle transnational organized criminal networks involved in the illegal wildlife trade. These efforts highlight the importance of international cooperation in preserving biodiversity and combating wildlife crime.

Environmental crime by country

United States

Abandoned or little used areas are common dumping places in America -especially railroads. Over $10 million a year are used to remove illegal dumping from polluting towns and the environment. A small organization, CSXT Police Environment Crimes Unit, has been started to stop railroad dumping specifically.

Ever since the Environmental Protection Agency's Office of Criminal Enforcement was founded in 1982, there has been a steady increase in prosecuted environmental crimes. This includes the prosecution of companies that have illegally dumped or caused oil spills. On a federal level, while the EPA oversees the investigations, the prosecutions are typically brought by the U.S. Department of Justice, through its Environmental Crimes Section, and/or through one of the 94 U.S. Attorney's Office across the country.

In a 2004 case study, a 30-pound cylinder of CFC-12 could be purchased in China for US$40 and illegally sold in the US for US$600.

In 2000, California real estate developer Eric Diesel was sentenced to 6 months in jail and ordered to pay a $300,000 fine for grading an illegal road in the Santa Cruz Mountains.

In 2023, eBay is accused by the Justice Department of violating environmental laws. The lawsuit states that eBay sold illegal equipment that override pollution controls on motorized vehicles, strictly forbidden products containing banned chemicals, and illegitimate pesticides. eBay Inc. faces legal action from the Justice Department for facilitating the sale and delivery of hundreds of thousands of items without authorization, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), and the Clean Air Act (CAA). The U.S. Environmental Protection Agency (EPA) filed the complaint in federal court in Brooklyn, NY.

In 2024, A California Man Was Arrested for Importing Hazardous Greenhouse Gases Into the United States. In defiance of laws meant to limit the use of greenhouse gases and prevent climate change, Michael Hart of San Diego was taken into custody on charges of smuggling greenhouse gasses into the U.S. from Mexico and then retailing them for a profit. Charges pertaining to the American Innovation and Manufacturing Act of 2020 (AIM Act) are being brought in this case for the first time in US history. Hydrofluorocarbons (HFCs) are widely utilized as refrigerants. The AIM Act forbids their importation unless the Environmental Protection Agency (EPA) grants permission.

Guam

In 2024, Agreement between the United States and the Guam Waterworks Authority requires infrastructure investment in the sewer system. The Settlement Will Handle Notoriety Overflows and Illegal Untreated Sewage Discharges Into Coastal Waters. Today, the Guam Waterworks Authority (GWA) and the United States reached a consent decree to enhance the condition of the GWA's sewer system. The project is expected to cost $400 million and address issues such as untreated sewage spills and other violations of the Clean Water Act. Another party to the deal is the Guam government.

Nigeria

Koko is a prominent town situated in the Delta area. When it was revealed that Koko Town was one of several West African ports being exploited by trash brokers to dump toxic garbage, the town gained international notoriety in 1988—but for all the wrong reasons. The Koko community is still reeling from the disaster involving the toxic waste dump.

Enforcement

The following are some of the ways that the EPA's criminal enforcement program goes after corporate and individual defendants who have committed major environmental crimes:

-Equipped with the necessary proof to pursue environmental offenses, federal, state, and local prosecutors

-Technical assessments and environmental forensic analyses for both civil and criminal enforcement

-Computerized evidence evaluation and retrieval

-Professional legal assistance and recommendations to the Department of Justice, U.S. Attorneys, and the EPA

Congress gave the EPA's criminal enforcement program broad law enforcement authority in 1988 after it was founded in 1982. Special agents, detectives, forensic scientists, technicians, attorneys, and support personnel are all employed by the program today.

Types of Enforcement Actions

The EPA or a state acting on its own power may take civil administrative actions, which are non-judicial enforcement measures. There is no legal court procedure involved in these acts. An administrative action taken by the state or the EPA could take the following forms:

a Superfund notice letter or notice of violation, or an order (with or without fines) instructing a person, company, or other entity to take action to clean up a site or comply.

Formal lawsuits are known as civil judicial actions. They are brought before the court against individuals or organizations that have not:

obey legislative or regulatory requirements, follow administrative directives, reimburse the EPA for Superfund site cleanup expenses, or pledge to undertake the cleanup.