Environmental Offenses and Penalties
Environmental investigations will usually encompass more than one state or federal agency. This types of allegations may be brought in state or federal court depending on the location of the alleged violation and the agency leading the investigation.
TYPES OF INVESTIGATIONS:
1. Violations of the Clean Water Act- usually a company with an on site facility that performs some type of processing. This is an investigation that requires a very expensive defense. The government will have the resources to narrow down any chemical traces to the offending company prior to an indictment.
2. Violations of the Clean Air Act- this area has broadened from just asbestos removal techniques, to a more broad area of air pollution. Many companies may not even understand the change in air quality standards over the past decade.
3. Violations of the Resource Conservation and Recovery Act- for lack of a better description, this is “DUMPING”, this is very hard to defend as an accident. This usually covers the illegal disposing of hazardous waste material. This can be anything from medical byproducts to semi-nuclear waste to baby diapers.
Our federal defense attorneys can help prevent an indictment at times and reduce a civil fine if we are retained early enough in the investigation. It is important speak with an attorney as soon as possible to prevent any further criminal activity. A good defense lawyer will be able to control the dangerous aspects of a fresh investigation.