The U.S. Environmental Protection Agency (EPA) sign is seen on the podium at EPA headquarters in Washington, U.S., July 11, 2018. REUTERS/Ting Shen
The prosecution of environmental crimes resulting from Environmental Protection Agency referrals to the Department of Justice are on track to drop nearly 10% compared to the same period a year prior, according to a study by Syracuse University researchers.
DOJ records for the first seven months of fiscal year 2020-2021 show that environmental criminal prosecutions that peaked under the Clinton administration have since steadily declined by as much as 72% compared to forecasted total prosecutions for 2021.
EPA spokeswoman Melissa Sullivan said that the coronavirus pandemic has "affected the quantity of incoming allegations, data and real time information."
"As judicial systems nationwide begin to fully open, we expect case progressions and judicial results to increase," she added.
DOJ spokeswoman Danielle Nichols declined to comment.
The analysis by the Transactional Records Access Clearinghouse (TRAC), a research project at Syracuse University, is based on data it obtained from the DOJ under the Freedom of Information Act.
"It's amazing to us how EPA-referred criminal environmental enforcement has collapsed," David Burnham, who is TRAC's co-director, told Reuters. The prosecution of environmental crimes following EPA referrals peaked during the fiscal year 1998, under President Bill Clinton, with 198 EPA-referred cases prosecuted, according to the study.
The majority of EPA's criminal referrals during the fiscal year 2021 weren't prosecuted, the study found. Companies fared better than individuals for referrals on which prosecutors took action. Nearly eight out of 10 such cases were closed. Insufficient evidence was the most common reason.
Davina Pujari, a partner at law firm Hanson Bridgett who is a former EPA enforcement attorney and is not involved in the study, said that such a "high percentage" of non-prosecution "creates a disincentive for EPA to work up and refer criminal cases to DOJ."
Tyler Welti, an environmental partner at law firm Venable who is also not involved in the study, said that it is possible "the numbers start to catch up later this year, particularly given the change of administration." he said.
So far during the DOJ's fiscal year 2021, which begins Oct. 1, there have been 32 new prosecutions referred by the EPA, records show. At that pace, the annual total would reach 55 prosecutions, the researchers estimate. Prosecutions of environmental crimes totaled 61 last fiscal year, they say.
Environmental crimes occur when an individual or a corporation knowingly or negligently violates an environmental law that specifies criminal conduct. Most environmental statutes, including the Clean Water Act and the Clean Air Act, include criminal provisions.
The DOJ's Environmental Crimes Section is tasked with bringing criminal cases.
(NOTE: This story has been updated with a comment from an EPA spokesperson.)
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