State and federal agencies investigate and prosecute a variety of environmental crimes. Penalties for these crimes may include high fines for corporations and jail time for individuals. The agencies that investigate environmental crimes often conduct lengthy investigations that include the collection of samples for testing. Having an attorney involved early in the process can help protect your rights and permit the collection of defensive evidence.
The most common type of environmental crime prosecuted at the state level is illegal dumping as defined by Section 365.012 of the Texas Health and Safety Code. Illegal dumping penalizes a person who disposes or allows or permits the disposal of litter or other solid waste at a place that is not an approved solid waste site. The penalties range from fine-only class C misdemeanor to a state jail felony punishable by up to two years in state jail facility and a $10,000 fine.
More serious crimes under both state and federal law include water and air pollution, which may carry the possibility of lengthy jail sentences and multi-million dollar fines. Both the state and federal government have agencies devoted to the investigation of environmental crimes and prosecutors who specialize in litigating criminal cases. In addition to criminal penalties for environmental crimes, there is the possibility of concurrent civil litigation.
David Nachtigall is experienced in representing both individuals and companies facing investigations and environmental crimes charges. Contact environmental crimes attorney David Nachtigall to discuss your matter.