If you have issues viewing or accessing this file contact us at NCJRS.gov. ~, --- -------------------;;;;:;;;;;-- U.S. Department of .Justice Office of Justice Programs NatiOl/al il/Slillll(' (JfJl/slic£' Local Prosecution of Environmental Crime 143270 U.S. Departmont of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating It. Points of view or opinions stated In this document are those of the authors and do not necessarily represent the oHiclal position or policies of the Natlonal/nstltute of Justice. Permission to reproduce this .... material has been granted by Public Domain/OJPLNIJ u. S. Depart:nEnt of Justice to the Nalfonal Criminal JUstice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the Cllllillill!!iLowner. ---------------------------------------------- About the National Institute of Justice The Nntionallnstitute of Justice, a component ofthe Office The research and development program that resulted in of Justice Programs, is the research and development the creation of police body armor that has meant the agency of the U.S. Department of Justice. NIJ was estab­ difference between life and death to hundreds of police lished to prevent and reduce crime and to improve the officers. criminal justice system. Specific mandates established by Congress in the Omnibus Crime Control and Safe Streets Pioneering scientific advances such as the research and Act of 1968, as amended, and the Anti.Drug Abuse Act of development of DNA analysis to positively identify 1988 direct the National Institute of Justice to: suspects and eliminate the innocent from suspicion. Sponsor special projects and research and develop­ The evaluation of inn ova live justice programs to deter­ ment programs that will improve and strengthen the mine what works, including drug enforcement, com· criminal justice system and reduce or prevent crime. mUllity policing, community anti-drug initiatives, pros­ ecution of complex drug cases, drug testing throughout Conduct national demonstration projects that employ the criminal justice system, and user accountability innovative or promising approaches for improving programs. criminal justice. Creation of a corrections information-sharing system Develop new techl1ologies to fight crime and improve that enables State and local officials to exchange more crim inal justice. efficient and cost·effective concepts and techniques for planning, financing, and constructing new prisons and Evaluate the effectiveness of criminal justice ])1'0- jails. grams and identify programs that promise to be suc­ cessful if continued or repeated. Operation of the world's largest criminal justice infor­ mation clearinghouse, a resource used by State and Recommend actions that c~m be taken by Federal, State, 10CHI officials across the Nation and by criminaljustice and local governments as well as private organizations agencies in foreign countries. to improve criminal justice. Carry out research on criminal behavior. The Institute Director, who is appointed by the President and confirmed by the Senate, establishes the Institute's Develo]) new methods of crime preventioll and reduc· objectives, guided by the priorities of the Office of Justice tion of crime and delinquency. Programs, the Department of Justice, and the needs of the criminal justice field. 'The Institute actively solicits the TIle National Institute of Justice has a long history of views of criminaljustice professionals to identify their most accomplishments, including the following: critical problems. Dedicated to the priorities of Federal, State, and local criminal justice agencies, research and Basic research on career crim inals that led to develop­ development at the National Institute of Justice continues to ment of special police and prosecutor units to deal with search for answers to what works and why in the Nation's repeat offenders. war on drugs and crime. • Research that confirmed the link between drugs and crime. U,S, Department of Justice Office of Justi~e Programs National Institute ofJustice NCJRS DcC 5 1994 Local Prosecution of Envirollmental Crilne by Theodore M. Hammett, Ph.D. and Joel Epstein, Esq. June 1993 IssuesandPractices in CrimillaiJustice is a publication series of the National Institute of Justice. Each report presents the program options and management issues in a topic area, based on a review of research and evaluation findings, operational experience, and expert opinion on the subject. The intent is to provide information to make informed choices in planning, implementing and improving programs and practice in criminal justice. National Institute of Justice Michael J. Russell Acting Director Cheryl Crawford Program Monitor Advisory Panel Herbert G. Johnson, Esq. Dwight Price Environmental Crimes Section Director of Governmental Affairs Environment and Natural Resources Division National District Attorneys Association U.S. Department of Justice 99 Canal Center Plaza, Suite 510 601 Pennsylvania Avenue, N.W. Alexandria, VA 22314 Washington, DC 20004 James Prange Former Director Criminal Investigations Division National Enforcement Investigations Center Environmental Protection Agency Denver Federal Center Denver, CO 80225 Prepared for the National Institute of Justice, U.S. Department of Justice, by Abt Associates Inc., under contract #OJP-89-C-009. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice. The National Institute of Justice Is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. I ~.---------------- _I Foreword In recent years the criminal prosecu~ion of environmental mental crime with robust and coordinated action. Thus far, offenders by local authorities has emerged as an important only a relatively small number of local prosecutors are element of a national strategy for protecting the environ­ known to have given serious and sustained attention to ment and the public health. Although the immediate, short­ environmental crime. The programs described in this report term effects of environmental crime are often negligible represent some ofthe most committed and successful in the or imperceptible, the long-term damage and cost can be Nation. severe. The report describes the strategies that have been em ployed While local criminal enforcement is still in its relative by district attorneys in combating environmental crime. It infancy in the United States, in the decades to come the dispels the myths that environm ental cases are too com plex, Nation's district attorneys will represent a potent force in take too much investigative time, cost too much, or are environmental prosecution. In its Enforcement Four-Year beyond the expertise of local authorities. In recent years, Strategic Plan for the 1990s, the U.S. Environmental Pro­ some progress has been made in enlisting local prosecutors tection Agency called for greater local government in­ and investigators in the battle against environmental crime, volvementin enforcement and promised expanded training but the magnitude of the problem requires much broader opportunities and information exchange for district attor­ participation. The National Institute of Justice hopes that neys and investigators. To date, the Environmental Protec­ this report will encourage more local law enforcement tion Agency and the States have largely taken an adminis­ officials to beC'.ome involved in the national struggle against trative and civil approach to environmental enforcement. environmental crime. The call for intensified criminal enforcement indicates an awareness that the determined offender will not be deterred by administrative and civil sanctions alone. Michael J. Russell This report describes the experience of five local prosecu­ Acting Director tors' offices that have met the challenges posed by environ- Nlltionlll Institute of Justice Foreword 111 Acl<nowledgements Many people assisted us in the preparation of this report. National Enforcement Investigation Center, Environmen­ Thanks are due especially to the numerous dedicated tal Protection Agency), and Dwight Price (National Dis­ prosecutors, investigators, and regUlatory agency staff trict Attorneys Association). whom we interviewed during our site visits. In particular, we thank David Guthman (Los Angeles County District Cheryl Crawford, our NIJ project monitor, contributed Attorney's Office), Gilbert Jensen (Alameda County valuable advice and assistance throughout the research and [California] District Attorney's Office), Jay Magnuson writing phases. Shealso participated in two oflhesite visits (Cook County [Chicago] State's Attorney's Office), At Abt Associates, Dr. Jan Chaiken reviewed drafts of the Donald Mielke (former District Attorney, First Judicial report and made many usefulsuggcstions. Wendy Sanderson District [Golden], Colorado), Robert Honecker (Mon­ coordinated production and administration, and Mary­ mouth County [New Jersey] Prosecutor's Office), and Ellen Perry and Winn Sinclair produced the document's Steven Madonna (New Jersey State Environmental Pros­ many drafts with patience and grace. Laura Evers prepared ecutor, Department of Law and Public Safety). Members the camera ready version.