My office is committed to protecting our precious environment and making sure that those who ignore this commitment are brought to justice. 

From our pioneering effort in the original creation of Florida’s Litter Law to our instrumental role in formulating the criminal charge against Sabretech for their negligent actions in the ValuJet plane crash in the Everglades, the Miami-Dade State Attorney’s Office has brought the prosecution of environmental crimes to the forefront of our criminal justice system.  There are usually many questions asked about this important yet often underappreciated area of criminal law.

What are environmental crimes?

Environmental crimes are offenses committed by individuals or commercial operations against the purity and well being of our environment.  In very few instances of environmental crime investigations are the actions discovered to be accidental.  These crimes are usually the result of deliberate acts of negligence or recklessness.

What are some examples of environmental violations?

The most common types of violations include: the illegal disposal of wastes such as tires or oil; the dumping or discharging of waste in Florida waters; illegal dredging and filling of wetlands; unlawful burying of solid waste in new residential construction areas and/or in small lakes throughout our community.

What are the motives for engaging in this type of illegal activity?

The motives are similar as in most other criminal activity: money, greed, and ego.  An environmental criminal seeks to maximize either his personal profit or the profit for his commercial operation so he bypasses the laws intended to protect our environment and our resources.  Environmental criminals appear to think they are either above the law or they deliberately ignore the impact of their actions.

What consequences do I face, as a law-abiding citizen, from the actions of environmental criminals?

Both the long term and the short-term consequences of these criminal actions are the endangerment of the health and safety of the people of Miami-Dade County.  Studies of the impact of such crimes as the illegal dumping of chemicals have demonstrated the severe effects of pollution to our air, water, or soil, and how these illegal chemicals eventually find their way back into our daily lives.  In some instances, people have actually died as a result of environmental violations. 

In New York, for example, prosecutors charged a person with manslaughter after he illegally dumped seven drums of chemicals that contained acids that reacted adversely with sodium hydrochloride leading to the death of a 43 year old man who was exposed to the fumes.  In Pennsylvania, 20 people died due to high levels of fluoride emissions in the air produced from a zinc plant.  Overseas, generator produced toxic fumes led to the death of five young boys. 

What does the Miami-Dade State Attorney’s Office do to bring these violators to justice?

The State Attorneys Office has created an environmental crimes unit staffed by five highly trained prosecutors.  These prosecutors work closely with local, state, and federal agencies to review environmental crime arrests and initiate appropriate charges in the effort to repair the damage and seek justice for the residents of this community.  The unit currently handles approximately 300 cases per year, most of which are prosecuted in our felony courts.

What kind of sentences do violators face?

In most cases, the defendant is required to clean up the affected area and reimburse the respective agencies for the costs of the investigation and prosecution.  Offenders can face sentences varying from misdemeanor pre-trial intervention for lesser offenses to jail time for the most serious violations.  The first concern is always repairing the damage these offenders do to our environment. 

What can I, as a Miami-Dade resident, do to help protect our environment?

The best you can do is report a violation to your local police department and make note of such items of identification like a company name or logo, a license plate number, or a description of the individuals or vehicles involved.  For further information regarding specific environmental laws, visit Florida’s Department of Environmental Regulation Website at www.dep.state.fl.us.

By Katherine Fernandez Rundle
Miami-Dade State Attorney