Environmental crime is an illegal action that directly harms the environment. These actions affect the environment, wildlife, biodiversity, 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 several types of environmental crimes, including wildlife crime, illegal mining, pollution crimes, illegal, unreported, and unregulated fishing, and illegal logging. Environmental crime accounts for nearly one-third of crimes committed by organizations like corporations, partnerships, unions, trusts, pension funds, and non-profits. It is the fourth largest criminal activity globally and grows by five to seven percent each year. These crimes can be prosecuted. Interpol helps countries work together to enforce national and international environmental laws and treaties. Interpol began addressing environmental crime in 1992.

Costs

International criminal gangs and violent groups gain money by illegally taking natural resources. These illegal activities are increasing rapidly. Terrorism and civil wars can result from environmental crimes. 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 weapons. More than half of this total comes from activities like cutting down trees without permission and destroying forests.

Prosecution by ICC

In September 2016, it was announced that the International Criminal Court (ICC), which is located in The Hague, will charge government officials and individuals for crimes against 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 court will focus on cases involving crimes under the Rome Statute that involve, or lead to, 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 environmental crime laws work effectively has not been easy. A key tool is the Environmental Crime Directive, a 2008 law designed to protect the environment using criminal law. Although some research shows that fewer Member States have failed to follow environmental rules, 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 punishments beyond regular fines and jail time.

Causes of environmental crime

Environmental crime happens because of several reasons, including money-related reasons, rules and laws, and social or cultural influences.

• Illegal actions often 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 can happen when rules are not strong enough or when rules fail to clearly define or protect ownership of natural resources.
• Illegal actions may also occur because of problems with enforcing rules, such as using the wrong methods to enforce rules, high costs of following rules, when rule-makers are influenced by powerful groups, lack of money or tools to enforce rules, lack of determination or knowledge from leaders, dishonest behavior, or when political or economic problems make it hard to follow rules.

Environmental crime by country

Unused or rarely used areas in America, especially railroads, are often used as places to illegally dump waste. 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 specifically stop illegal dumping on railroads.

Since 1982, when the Environmental Protection Agency (EPA) started its Office of Criminal Enforcement, there has been a steady increase in environmental crimes being taken to court. This includes cases where companies illegally dumped waste or caused oil spills. At the federal level, the EPA handles 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 brings the prosecutions.

The Financial Crimes Enforcement Network, part of the Treasury Department, tracks the movement of money related to environmental crimes in the United States. This includes crimes like illegal logging, fishing, and mining.

In a 2004 study, a 30-pound canister of CFC-12 was sold 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 claims that eBay sold illegal equipment that bypassed pollution controls on vehicles, sold products containing banned chemicals, and sold unapproved pesticides. eBay Inc. is being taken to court for helping sell and deliver 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 a federal court in Brooklyn, NY.

In 2024, a man from California was arrested for importing hazardous 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 involve charges under the American Innovation and Manufacturing Act of 2020 (AIM Act). Hydrofluorocarbons (HFCs), 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 Guam’s sewer system. The agreement will address problems like sewage overflows and illegal discharge of untreated sewage into coastal waters. The project, expected to cost $400 million, will fix violations of the Clean Water Act. The Guam government is also part of this agreement.

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 (known as the Koko incident). Today, the National Environmental Standards and Regulations Enforcement Agency (Nigeria) is responsible for regulating the environment. It works with other government groups, such as customs and police, and has successfully stopped illegal wildlife trade and prosecuted many people, including non-citizens.

As a major trading hub, Singapore is vulnerable to illegal goods being hidden. Charles W. Schmidt explains how China sells illegal CFC-12 to the United States through Singapore because of weak inspections and private business secrecy. In Southeast Asia, a group called the Xayzavang Network is known for hunting wildlife, including elephants, for products like ivory.

In 2018, environmental law violations in Russia cost the country over $187 million. Of nearly 23,900 environmental crimes recorded that year, most were related to illegal logging (about 13,800 cases) and illegal hunting (over 1,900 cases).

In the Netherlands, the Dutch share the North Sea, 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 made money from environmental crimes, such as illegally trading oil.

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 very small fines or penalties. At first, environmental laws did not strongly encourage corporations, individuals, or governments to follow the rules. A major reason that early U.S. environmental laws failed was that the punishments were civil, meaning they mainly involved fines. Many companies saw these fines as just a normal cost of doing business. Environmental criminal law covers fewer areas. Its main part includes the criminal rules from eight federal laws passed mostly in the 1970s and updated in the past 20 years.

The EPA’s criminal enforcement program uses several methods to hold corporations and individuals accountable for serious environmental crimes:

• Federal, state, and local prosecutors use evidence to investigate environmental offenses.
• Technical studies and forensic analysis are used for both civil and criminal cases.
• Computer tools help evaluate and collect evidence.
• Legal experts provide advice to the Department of Justice, U.S. Attorneys, and the EPA.

In 1988, Congress gave the EPA’s criminal enforcement program strong authority 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 laws often increased costs for companies, making them less competitive. Companies that followed the law were sometimes at a disadvantage compared to those that ignored the rules. Because of weak laws and public concern about environmental issues, many governments created stronger enforcement systems. These systems gave environmental investigators more power, including criminal penalties, larger fines, and possible jail time for company leaders. For example, between 1983 and 1990, the U.S. Department of Justice collected $57,358,404.00 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 environmental harm and protect the environment by enforcing laws. These agencies work at different levels—international, regional, national, state, and local—each focusing on a specific area. They use different methods to ensure people follow environmental rules. In some cases, agencies use traditional methods called "Command and Control." In other cases, they use economic incentives or mixed approaches. This has also increased the need for teamwork between different law enforcement groups. Environmental enforcement agencies and police do not work alone; the laws passed by governments guide their work. These laws, including international agreements, help ensure that industries, individuals, and governments follow environmental rules set by national and international laws.

Types of enforcement actions

The Environmental Protection Agency (EPA) or a state government may take civil administrative actions, which are steps to enforce rules without involving a court. These actions do not go through a legal court process. An administrative action by the EPA or a state may include sending a Superfund notice letter, a notice of violation, or an order (which may include fines) that requires a person, company, or other group to clean up a site or follow rules.

Formal lawsuits are called civil judicial actions. These are legal cases brought in court against individuals or organizations that have not: followed laws or regulations, obeyed administrative orders, paid back the EPA for cleaning up Superfund sites, or promised 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 humans affect the environment and how law enforcement and courts measure environmental damage and assign punishments to those who break the law. Environmental crime harms land, water, and air, and also harms children's health. A 2016 article in Environmental Health Perspectives stated, "Over the past 20 years, efforts to protect children's health from environmental dangers have grown significantly. The U.S. EPA has worked hard to address how children are uniquely vulnerable to environmental risks. These efforts continue to tackle new environmental issues to keep children's environments safe and support their healthy growth."