Environmental Crime Essay Example

The laws that had been submitted by the law officials in America includes protective laws for bodies of water, air, endangered species, toxic substances, oil spills and pesticides. The Clean Air Act of 1970 penalizes individuals or business entities that release harmful gasses that affects the air quality standards. The Clean Water Act or the Federal Water Pollution Control Act Amendmnts of 1972 address water.

The act had given the authorities to penalize individuals or business corporations to release pollutants in U.S. waters unless there is a permit that shows a careful control of release is obtained. Marine Protection, Research and Sanctuaries Act of 1972 (Ocean Dmping Act) pertains to the control of Pollution in the Ocean. Endangered Species Act of 1973 protects certain plants and animals that are in the endangered species list. Resource Conservation and Recovery Act of 1976 controls hazardous waste from transportation to disposal. Toxic Substances Control Act of 1976 pertains to tracking of materials that can be harmful to living things. Comprehensive Environmental Response, Compensation and Liability Act of 1980 provides laws for the clean up of the environment using “Superfund”. Oil Pollution Act of 1990 is connected to the Clean Water Act where the act also protects and prevents oil spills by requiring storage facilities and oil tankers ships to follow regulations. Lastly, Federal Insecticide, Fungicide and Rodenticide of 1947 control the manufacture and use of these substances. (Crime and Punishment in America Vol 1, 2004).

Corporations and Health and Environmental Issues There had been several Corporations who had committed Environmental Crime to society, some of which had given the environment harm. These corporations had been proven

to have committed crime against the environment. The most familiar environmental crimes that had been publicized in the media are the Wal Mart, General Motors Corporations and Exxon Mobil Corporation. Other corporations that would be shown in this research is the Norlite Company and Skanska. The Wal-Mart had been known for building an estimate of 200 stores annually. These stores had shown to be a major contributor of water pollutants in the water quality of the areas in 24 constrution sites in nine states. The company has been charged with storm water violations.

The company had failed to place control water pollutants runoff, ineffective controls and failure of inspection in sites that had release sediments to ecological communities. (Crime and Punishment in America Vol 1, 2004) Water pollution affects the ecosystem in rivers and lakes. If water pollution had been not prevented by the government because of these stores, then most likely the bodies of water in America’s water quality may have been affected. The General Motors Corporation had been charged of selling vehicles that did not meet with the regulations of the Clean air Act. The Cadillac models from 1991 to 1995 had been equipped with devices that causes build up of Carbon Monoxide, three times the normal content of automobiles.

The company added this devices to address the stalling engine complaints from the customers. (Crime and Punishment in America Vol 1, 2004) Carbon Monoxide harmful for the environment because this contributes to the green house effect and at the same time is very harmful to humans. Carbon Monoxide poisoning affects a human’s ability to work and learn and can cause headaches

and impair vision. Prevention is necessary to minimize the effect of this substance in the atmosphere and to humankind. The Exxon Mobil Corporation had been charged to have spilled 11 million gallons , or 257,000 barrels of oil into Prince William Sound. The oil had been spilled in the water for three days. The oil had been able to contaminate 1,300 miles of Alaskan shoreline. An estimate of 250,000 seabirds, 2,800 sea otters, 300 harbor seals, 250 bald eagles, 22 killer whales and billions of salmon and herring eggs were lost.

This major disaster to the biodiversity of Alaska had categorized the animals affected as recovered, recovering and not recovering. As of 2004, approximately 3.6 miles of Alaskan shoreline is still contaminated with oil. Another company that had contibuted to oil spill pollution to bodies of water is the Norlite Corporation. The company burns hazardous waste mixed with oil and converts shale into an alternative for concrete. Based on inspection by the EPA (Environmental Protection Agency), the company had been proven to be dumping the oil, fuel and polluted water in a drain and emptied underground.

The company had been prosecuted however after the prosecution, the company had still continued to contaminate its underground through the company’s parking lot. This had been discovered when the parking lot of the company had been excavated. A new case had been filed against the company and the investigation is still on-going. Skanska, a partner of the Swedish National Rail Administration, had build two single-line rail tunnels through a ridge in the southwest of Sweden. It had been discovered that the company uses Rhoca Gil, a substance

which causes toxic injuries to workers inside a tunnel between March 1997 and Autumn 1997. 223 workers of the company had been diagnosed as having symptoms of acrylamid poisoning. In 1998, it is clear that 22 workers had received injuries to their nervous system. Water had also been contaminated because of the destruction in the bed rock. Dead fish had also been found in the rivers of the tunnel and it had also paralyzed three cows that had drank from the river.

Environmental Crime Punishment

The companies above had been proven to be harmful to the environment, however the criminal justice system had given fines to each. Wal-Mart had agreed to pay $3.1 Million Civil Penalty to the United States, Tennessee and Utah for violations of the Clean Air Act. In order to prevent further damage to the environment, Wal-Mart had conducted training to deal with runoff, inspect sites frequently and take immediate corrective action when needed. The company had also been required to spend $250,000 on a certain body of water that had been polluted by the company. General Motors had settled with the government and paid for $45 Million for violations in the Clean Air Act. The fine is constituted of $11 Million fine, $25 Million to recall and fix the Cadillacs that they had sold and $ 8.75 million on projects to lessen carbon monoxide poisoning.

A special case is the Exxon Corporation, $150 Million in the criminal agreement. $125 Million had been given for the cleanup and pay private claims. The remaining $25 Million was split between the North American Wetlands Conservation Fund and the Victims of Crime

Fund. Aside from this fine, the company had also been charged to pay $900 Million settlement in the civil agreement. These had been divided to pay for the clean-up, research and monitoring of wildlife and other activities relating to the conservation of environment. Another $100 Million was paid to the state and federal governments.

The federal government spent its share on environmental care projects such as shoreline management and oil spill control. Norlite company had paid $100,000 fine which is consisted of $25,000 as a payment to the DEC to buy equipment for hazardous materials and $75000 to the city of Cohoes for Fire training and protection programs. The company had also implemented measures to ensure full compliance to the laws. Skanska had paid for SEK 3 Million for corporate responsibility.