What a Waste: The Prosecution of Hazardous Substances Crimes During the Trump Administration

Authors

Joshua Ozymy, Ph.D., University of Nevada, Reno
Melissa Jarrell Ozymy, Ph.D., University of Nevada, Reno

Document Type

Article

Abstract

The Trump Administration went to great lengths to roll back environmental regulatory and enforcement efforts. Yet, researchers know very little about the impact of the Administration on the criminal prosecution of hazardous substance crimes. This study utilizes content analysis of EPA criminal investigations leading to prosecution during the Trump Era to analyze charging and sentencing patterns and illustrate the greater themes that emerged during this period. Prosecutions are dominated by hazardous waste (48%), pesticide (41%), and lead-based paint (11%) crimes. Results show prosecutors were able to pursue crimes involving significant harm and culpable conduct, while securing over $90 million in monetary penalties, 2,126 months of probation, and 977 months of incarceration across 75prosecutions, but the monetary penalties tend to be skewed towards a few large-penalty cases. The article concludes with policy proposals for enhancing criminal enforcement through greater resources for enforcement, stronger community policing of potential environmental offenders, and recognition of environmental justice communities as victims of environmental crimes.

Recommended Citation

Joshua Ozymy,Ph.D., & Melissa Jarrell Ozymy,Ph.D., What a Waste: The Prosecution of Hazardous Substances Crimes During the Trump Administration, 30 Pub. Interest L. Rptr. 14 ().
Available at: https://lawecommons.luc.edu/pilr/vol30/iss1/3