Environmental crime is an illegal act that harms the environment directly. These activities affect the environment, wildlife, plant and animal life, and natural resources. International groups, such as the G7, Interpol, European Union, United Nations Environment Programme, and United Nations Interregional Crime and Justice Research Institute, have identified these types of environmental crimes: wildlife crime, illegal mining, pollution crimes, illegal, unreported, and unregulated fishing, and illegal logging. Environmental crime makes up about one-third of crimes committed by organizations like corporations, partnerships, unions, trusts, pension funds, and non-profits. It is the fourth largest criminal activity in the world and is growing by 5% to 7% each year. These crimes can be prosecuted. Interpol helps countries work together internationally and supports its member countries in making sure national and international environmental laws and treaties are followed. Interpol started fighting environmental crime in 1992.

Costs

International criminal gangs and militant groups gain money by illegally taking natural resources. These illegal activities are increasing. Environmental crime leads to terrorism and civil wars. According to UNEP and Interpol, in June 2016, the value of environmental crime was 26% higher than earlier estimates, ranging from US$91–258 billion, compared to US$70–213 billion in 2014. This amount is greater than the illegal trade in small arms. Over half of this total comes from illegal logging and deforestation.

Prosecution by ICC

In September 2016, it was announced that the International Criminal Court (ICC), located in The Hague, will take legal action against governments and individuals for crimes related to the environment. According to the Case Selection Criteria from the ICC's Policy Paper on Case Selection and Prioritization, released on September 15, 2016, the Office will focus on prosecuting crimes covered by the Rome Statute that involve or result in, among other things, the destruction of the environment, the illegal use of natural resources, or the illegal taking of land.

Environmental crime in the European Union

In the European Union, making sure environmental crime laws are properly followed has not been easy. A key tool is the Environmental Crime Directive, a law from 2008 that uses criminal law to protect the environment. Although some research shows that fewer Member States are not following environmental rules now, more than ten years after the first Directive was introduced, the European Commission proposed a new law as part of the European Green Deal. This new proposal aims to improve how environmental crimes are enforced and punished by providing clearer definitions and using penalties other than standard fines and jail time.

Causes of environmental crime

Causes of environmental crime include economic reasons, rules and laws, and social or cultural influences.

• Illegal actions occur when rules make legal products more expensive than illegal ones, when countries have different costs for following rules, when people want rare items, or when people do not care about protecting the environment.
• Illegal actions happen when there are not enough rules to protect property rights or when rules are not clearly set.
• Illegal actions exist because of problems with enforcing rules, such as rules that are not well-suited for the situation, high costs to follow rules, when people in charge ignore rules, lack of money or tools to enforce rules, lack of political support or knowledge, dishonest behavior, and issues caused by political or economic changes.

Environmental crime by country

Abandoned or not often used areas are common places for illegal dumping in America, especially railroads. Over $10 million each year is spent to remove illegal dumping from polluted towns and the environment. A small group called the CSXT Police Environment Crimes Unit was created to stop illegal dumping on railroads specifically.

Since the Environmental Protection Agency’s Office of Criminal Enforcement was formed in 1982, there has been a steady increase in the number of environmental crimes being prosecuted. This includes cases against companies that have illegally dumped waste or caused oil spills. On a federal level, the EPA oversees investigations, but the U.S. Department of Justice, through its Environmental Crimes Section, or one of the 94 U.S. Attorney’s Offices across the country, usually handles the prosecutions.

The Financial Crimes Enforcement Network, part of the Treasury Department, tracks how money moves in connection with environmental crimes in the United States. This includes crimes like illegal logging, fishing, and mining.

In a 2004 study, a 30-pound cylinder of CFC-12 could be bought in China for $40 and then sold illegally in the United States for $600.

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

In 2023, eBay was accused by the Justice Department of breaking environmental laws. The lawsuit says eBay sold illegal equipment that bypasses pollution controls on vehicles, products with banned chemicals, and unapproved pesticides. eBay Inc. is being taken to court for helping sell hundreds of thousands of items without permission, which violates 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 man from California was arrested for importing dangerous greenhouse gases into the United States. Michael Hart of San Diego was taken into custody for smuggling greenhouse gases from Mexico into the U.S. and selling them for profit. This case is the first in U.S. history to use charges related to the American Innovation and Manufacturing Act of 2020 (AIM Act). Hydrofluorocarbons (HFCs), which are used as refrigerants, are banned from being imported unless the EPA approves them.

In 2024, the United States and the Guam Waterworks Authority reached an agreement to improve the sewer system in Guam. The deal will address issues like untreated sewage spills and other violations of the Clean Water Act. The project is expected to cost $400 million and will involve the Guam government as a partner.

An example of environmental crime is the Naples waste management case in the 1980s, where illegal dumping occurred.

In Nigeria, environmental agencies were created in 1988 after an incident where toxic materials were dumped in the country by international waste traders (the Koko incident). Today, agencies like the National Environmental Standards and Regulations Enforcement Agency (Nigeria) are allowed by law to manage environmental issues. This agency works with groups like customs, police, and military intelligence and has successfully stopped illegal wildlife trade and prosecuted many people, including non-Nigerians.

As a major trading center, Singapore is at risk of illegal items being hidden. Charles W. Schmidt explains that China sells illegal CFC-12 to the United States through Singapore because of weak inspections and private business secrecy. In Southeast Asia, an international environmental crime group called the Xayzavang Network is known for hunting wildlife, including elephants, for products like ivory.

In 2018, violations of Russia’s environmental laws cost the country more than $187 million. Out of nearly 23,900 environmental crimes reported in Russia that year, most were related to illegally cutting down forests (about 13,800 cases) and illegal hunting (over 1,900 cases).

In the Netherlands, the Dutch are part of the North Sea, which is one of the busiest and most polluted seas in the world. Boats in the North Sea often illegally dump waste to save time and money.

The Islamic State, often called ISIS, has previously used environmental crimes, such as the illegal trade of oil, as a major source of income.

Enforcement

The effective enforcement of environmental laws is important for any system designed to protect the environment. In the early years of environmental laws, breaking these rules usually led to small fines that did not stop corporations, individuals, or governments from ignoring the rules. At first, environmental laws had little effect in making people follow them. A major reason the United States' environmental laws did not work well was that the punishments were civil, meaning they mostly involved fines. Many companies saw these fines as just a normal cost of doing business. Environmental criminal law covers a smaller area. It mainly includes the criminal rules from eight federal laws passed in the 1970s and updated in recent years.

The Environmental Protection Agency (EPA) uses several methods to hold corporations and individuals accountable for serious environmental crimes:

• Using proof to take legal action against environmental violations by federal, state, and local prosecutors
• Using technical assessments and environmental forensic analysis for both civil and criminal cases
• Using computer tools to examine and find evidence
• Providing legal advice to the Department of Justice, U.S. Attorneys, and the EPA

In 1988, Congress gave the EPA's criminal enforcement program strong powers to enforce laws, after it was created in 1982. Today, the program employs special agents, detectives, scientists, technicians, lawyers, and support staff.

In many cases, especially for corporations, it was cheaper to break environmental rules and pay fines than to follow the law. Kevin Tomkins believed that following environmental rules often increased costs for companies, which made them less competitive compared to companies that ignored the rules. Because of weak environmental laws and public criticism of poor environmental management, many governments created new systems to strengthen enforcement. These systems gave environmental investigators more power, including criminal penalties, larger fines, and the possibility of jail time for company leaders. For example, between 1983 and 1990, the U.S. Department of Justice collected $57,358,404 in criminal penalties and secured jail sentences for 55% of people charged with environmental crimes.

Many environmental agencies, such as State Park Peace Officers and State Troopers, help reduce harm to the environment and enforce environmental laws. These agencies work at different levels, including international, regional, national, state, and local. They use various methods to ensure people follow environmental rules. Some agencies use "Command and Control" methods, which are traditional rules-based approaches. Others use economic incentives or mixed methods. This has increased the need for cooperation between different law enforcement groups. Environmental law enforcement agencies and police do not work alone; the laws created by governments guide their work and responsibilities. These laws, including international treaties, help ensure that industries, individuals, and governments follow environmental rules written in national laws. International agreements also influence how countries handle environmental issues.

Types of enforcement actions

The Environmental Protection Agency (EPA) or a state government can take civil administrative actions, which are steps to enforce rules without going to court. These actions do not involve legal court processes. If the EPA or a state takes such action, it might include:

• A Superfund notice letter or a notice of violation, or an order (which may include fines) requiring a person, company, or group to clean up a site or follow rules.

Civil judicial actions are formal lawsuits. These are filed in court against individuals or groups that have not:
– Followed laws or rules,
– Obeyed orders from government agencies,
– Paid the EPA for cleaning up Superfund sites, or
– Agreed to clean up a site.

Environmental criminology

Environmental criminology studies crimes, offenses, and harmful actions that damage the environment. It looks at how societies, such as businesses, governments, and communities, contribute to environmental harm. Criminology now focuses on how human activities affect the environment and how law enforcement and courts assess environmental damage and assign punishments to those who break the law. Environmental crime harms land, water, and air, and also affects children's health. According to an article in Environmental Health Perspectives from 2016, "Over the past 20 years, efforts to protect children's health from environmental dangers have grown significantly. The U.S. Environmental Protection Agency (EPA) has worked hard to address how children are more vulnerable to environmental risks. These efforts continue to tackle new environmental issues to ensure children's surroundings are safe and support their healthy growth."