by Solaire

Created on: June 28, 2009

Environmental devastation caused by industrial pollution has been around for many centuries. Industrial pollution was largely ignored the government, and perpetrators were never really dealt with in a legal perspective. However, since the start of the industrial revolution the issue of pollution by large companies or corporations has become a real problem. The parties responsible for industrial pollution have not been subjected to criminal prosecution; to greater extend this issue was pursued by private parties and organization in civil litigation. The first congressional demonstration of intent to criminalize pollution was The Rivers and Harbors Act in 1899, yet it took seven decades before any significant and considerable prosecutorial activity against environmental criminals would occur (Friedrichs, 2007).

According to David Friedrichs, new environmental movements began to exist in the 1960's and early 1970 are signalizing a shift from promoting exploitation of natural resources by industry to new standards in support of environmental protection. The United States government established the new Agency the Environmental Protection Agency to oversee the myriad of new laws enacted during this period. One would think that the establishment of a governing body such as the EPA more aggressive litigation of industrial polluters would occur; but during the Nixon and Ford administration, only 25-recorded cases were prosecuted. During the Carter administration prosecution of industrial criminals increased and by 1985 approximately 50 cases per year were referred to the Depart of Justice (Friedrichs, 2007).

The EPA, however, was not immune to internal violation of the law; a discovery of corrupt transactions in 1983 between high-level EPA officials, were the Environmental Protection Agency colluded with Dow Chemical to hide its responsibility for dioxin contamination, created a political scandal. A congressional investigation by the Investigations subcommittee of the House Committee on Energy and Commerce revealed the scope of Dow Chemical's influence over the EPA, which eventually led to the dismissal of EPA Administrator Anne McGill Burford and 12 other officials (wonkroom website, 2008).

Friedrich states: Department of Justice prosecutions of environmental criminals had leveled off during the first Bush administration, whereas the Clinton administration necessitated a higher priority on pursuing environmental

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