Environmental crime is a relatively new concept in U.S. and international law; thus, it is still being defined. In a general sense, an environmental crime is any violation of an environmental regulation for which criminal liability may be imposed. Almost all of the major environmental regulations in the United States contain provisions that establish criminal liability under certain circumstances, and most of these liability provisions are mirrored in state statutes. Criminal enforcement of environmental regulations is currently used in only the most egregious of cases, where the actual or potential damages are excessive or where the violator is a repeat offender. Although criminal enforcement actions are mainly taken to deter future misconduct by the individuals charged, their greater impact may be to deter those who are contemplating similar offenses.

Environmental crimes can be perpetrated at any legal level. They may arise out of violations of...