The United States Congress has passed volumes of laws aimed at protecting water, air, and wildlife. The Environmental Protection Agency (EPA) is responsible for investigating potential environmental crimes, and the United States Attorney Offices prosecutes those deemed culpable as a result of those investigations. The targets can be individuals as well as corporations. A conviction can result in prison time and substantial fines.

In the Western District of North Carolina, prosecutions are particularly aggressive, as they are run by the same prosecution team that handles OCDETF investigations ("Organized Crime Drug Enforcement Task Force") that brings down drug cartels. In other words, the fight will come quickly.

Part of our firm's goal is to push the case away from the criminal process early. If a settlement can be reached, it eliminates the risk of prison time and enormous fines.

However, if the case heads toward trial litigation, that's what our firm does best, and we will be prepared to take the case as far as necessary.

Common statutes for prosecution of environmental crimes include the Clean Water Act, the Resource Conservation and Recovery Act, and the Clean Air Act. These statutes include cases involving oil spills, asbestos removal, hazardous waste disposal, lead pollution, and discharging pollutants into water.

Other statutes include:

• 7 USC §§ 136-136y  Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”)
• 15 USC §§ 791-798  Energy Supply and Environmental Coordination Act
• 15 USC §§ 2601-2692  Toxic Substances Control Act (“TSCA” or “TOSCA”)
• 30 USC §§ 1201-1328  Surface Mining Control and Reclamation Act
• 33 USC §§ 401-454  Rivers and Harbors Appropriation Act (“RHA”), Refuse Act
• 33 USC §§ 1251-1387  Federal Water Pollution Control Act (also known as the Clean Water Act (“CWA”) and including the Ocean Pollution Act (“OPA”))
• 33 USC §§ 1401-1445  Marine Protection Research and Sanctuaries Act (also known as the Ocean Dumping Act (“ODA”))
• 33 USC §§ 1501-1524  Deepwater Port Act
• 33 USC §§ 1901-1912 Act To Prevent Pollution From Ships
• 42 USC §§ 300f-300j-26  Safe Drinking Water Act ("SDWA")
• 42 USC §§ 2011-2296  Atomic Energy Act
• 42 USC §§ 4901-4918  Noise Control Act
• 42 USC §§ 6901-6992k  Solid Waste Disposal Act (including, in Subchapter III, The Resource Conservation and Recovery Act (“RCRA”))
• 42 USC §§ 7401-7671q  Clean Air Act (“CAA”)
• 42 USC §§ 9601-9675  Comprehensive Environmental Response, Compensation & Liability Act (“CERCLA”)
• 49 USC §§ 5101-5127  Federal Hazardous Materials Transportation Statute