Federal Environmental Crimes Attorneys in Miami

Strongly Protecting Individuals & Businesses for over 50 years

For many years, we have represented people charged with violations of Federal law relating to environmental crimes. These crimes are taken very seriously by federal prosecutors. Often, the Environmental Protection Agency investigates alleged violations prior to the matter being referred to federal prosecutors. The Department of Justice has special prosecutors working in an environmental crimes unit to handle most of these cases. These prosecutors have specialized training and expertise in these matters.

Need Legal Help with Environmental Charges?
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Environmental Regulations

There are many environmental regulations that cover a wide range of criminal activities, with a few notable examples being the Refuse Act, which prohibits improper discharge into navigable or tributary waters in the United States. Criminal charges can be "stacked," meaning each violation or illegal discharge can result in separate charges. Additionally, there are laws aimed at protecting endangered species, and it is common for state agents or local police to collaborate with federal authorities to bring charges against individuals or companies.

Many environmental crimes are considered "strict liability crimes," meaning committing the illegal act alone is enough for a conviction, regardless of intent. However, there are defenses that may lead to exoneration, depending on the facts of the case. A skilled federal criminal defense lawyer experienced in handling these cases can help prevent charges or potentially reduce the impact. Early legal intervention is crucial to improving your chances of a favorable outcome. The overlapping state and federal laws regarding the handling and disposal of hazardous materials (HAZMAT) can be confusing for business owners, leaving them vulnerable to accusations. Ignorance of the law, unfortunately, is not a valid defense.

Types of Federal Environmental Crimes

Water Pollution Offenses
Violations of the Clean Water Act occur when pollutants are discharged into navigable waters without a proper permit.

• Illegal dumping or improper waste disposal can lead to criminal charges.
• More complex cases include industrial discharges into rivers, lakes, or oceans.
• These offenses can lead to serious penalties, including fines and prison time.

Air Pollution Violations
The Clean Air Act regulates the emission of hazardous air pollutants.

• Businesses must comply with air quality standards and obtain necessary permits.
• Violations can occur if a business releases pollutants into the air without authorization.
• The penalties for violating the Clean Air Act can be severe and include both civil and criminal charges.

Endangered Species Violations
The Endangered Species Act protects plants and animals at risk of extinction.

• Illegal hunting, trafficking, or destruction of habitats can lead to charges.
• Violations include harming or trading endangered species like sea turtles, elephants, or certain plants.
• These crimes can result in significant fines and criminal prosecution.

The Role of the Environmental Protection Agency (EPA)

EPA Investigations
The EPA is responsible for investigating environmental violations.

• They have specialized teams dedicated to identifying and addressing environmental crimes.
• Often, the EPA works alongside federal prosecutors to bring charges against individuals or businesses.

EPA Fines and Penalties
The EPA has the authority to impose fines and penalties for violations.

• These can be civil fines or criminal penalties, depending on the nature of the offense.
• Businesses found guilty of violating environmental laws may face significant financial consequences, in addition to criminal charges.

Federal Environmental Crime Investigations

Federal vs. State Enforcement
Environmental laws are enforced at both the federal and state levels.

• Federal agencies like the EPA have broad jurisdiction over interstate and international environmental violations.
• State enforcement typically handles violations within state boundaries, but sometimes the lines blur, leading to joint investigations.

How Federal Investigations Begin
Federal investigations into environmental crimes often start with a tip, a whistleblower, or an EPA inspection.

• The FBI, EPA, and other federal agencies work together to investigate environmental crimes.
• These investigations may involve search warrants, subpoenas, and extensive documentation.
• In some cases, whistleblowers or insiders provide key information that leads to charges.

Environmental Crimes Defense

At Jeffrey S. Weiner, P.A., we are skilled environmental attorneys representing individuals and businesses all over the country facing investigations and criminal charges involving environmental crimes.

The Miami attorneys of Jeffrey S. Weiner, P.A., have over four decades of experience in criminal defense representation. Our lawyers understand the interplay between state and Federal regulatory authorities.

We are intimately familiar with the following:

• Illegal Dumping;
• Illegal Storage of Hazardous Materials;
• Illegal Use of Pesticide and Herbicide and Insecticide;
• Illegal Disposal of Toxic Waste and Medical Products;
• Illegal Shipping, Labeling, or Transportation of Hazardous Products by Rail, Air or Ground.

Frequently Asked Questions (FAQ)

• What are the most common federal environmental crimes?
  Common federal environmental crimes include water pollution, air pollution, hazardous waste violations, illegal dumping, and violations of endangered species protections. These crimes often involve the illegal discharge of pollutants, improper waste disposal, or harm to protected wildlife and habitats.
• Can a company be held liable for environmental crimes?
  Yes, a company can be held liable for environmental violations. In fact, businesses can face criminal prosecution for improper environmental practices. In some cases, individual employees, including executives, can also be personally held accountable if they were directly involved in the violations.
• What should I do if I am under investigation for an environmental crime?
  If you are under investigation, it’s important to contact a qualified federal criminal defense attorney immediately. They can help guide you through the investigation process, protect your rights, and potentially prevent formal charges from being filed.
• What are the penalties for federal environmental crimes?
  Penalties can include hefty fines, civil penalties, and imprisonment. For some serious offenses, companies may face millions of dollars in fines, while individuals can face lengthy prison sentences, especially if the violation caused significant environmental harm.
• Can environmental crime charges be dropped?
  Yes, depending on the circumstances, charges can be dropped if insufficient evidence is found or if the violation was unintentional and a valid defense can be presented. An experienced defense attorney may help negotiate a favorable outcome or avoid charges entirely.
• Are there defenses for environmental crime charges?
  Yes, common defenses include proving that the violation was unintentional, showing that proper permits were obtained, or demonstrating that there was no actual harm caused. A skilled defense lawyer will assess the case to find the best possible defense strategy.
• How can I prevent environmental crimes in my business?
  To avoid potential violations, businesses should stay informed about environmental regulations, conduct regular compliance audits, and ensure employees are properly trained. Additionally, working with legal counsel to understand applicable laws can help prevent accidental violations. 

Accused of an Environmental Crime?
Don’t wait—contact us at (305) 985-6640. Our experienced team will fight for you every step of the way.