Environmental Crime Defense Lawyers Fort Lauderdale
Accused of an Environmental Crime in Florida? We’re Ready to Help.
If you find yourself caught in the crosshairs of an environmental investigation, it can feel like everything is moving at once—and against you. State and federal agencies like the EPA and the Florida Department of Environmental Protection don’t always provide much warning before initiating an inquiry. What starts as a routine compliance audit can swiftly escalate into a full-blown criminal investigation. In many cases, individuals and businesses face charges not due to intentional wrongdoing but because of unclear regulations, miscommunication, or the actions of a subordinate or contractor.
At Hager & Schwartz, P.A., we understand the stress, confusion, and high stakes involved with allegations of environmental misconduct. Our defense team consists of former state prosecutors with over 50 years of combined experience, which gives us a strategic advantage in anticipating the government’s next move. We thoroughly investigate the details, identifying weaknesses in the prosecution’s case and crafting a defense strategy tailored to the unique circumstances, whether combating accusations of illegal dumping, permit violations, or EPA compliance failures.
Acting quickly is essential if you’re under investigation or have already been charged. The sooner we get involved, the more options we have to safeguard your rights, reputation, and future. Request a free, confidential consultation to speak with an experienced environmental crimes defense lawyer.
What Is Considered an Environmental Crime?
Environmental crimes encompass various activities that breach laws aimed at safeguarding the environment, public health, and natural resources. These offenses can involve individuals and corporations, and the underlying conduct is not always intentional; many cases arise from misunderstandings of complex regulations, insufficient oversight, or systemic issues within an organization. Whether committed with knowledge or unknowingly, environmental violations can result in serious criminal charges under state or federal law.
At its core, an environmental crime is any unlawful act that pollutes the air, contaminates water sources, mismanages hazardous waste, or harms wildlife and ecosystems. These actions can threaten public safety and are often vigorously prosecuted by regulatory agencies.
Examples of environmental crimes include:
- Illegal dumping
- Toxic waste disposal
- Emissions violations
- Water contamination
- Illegal fishing
- Animal cruelty
These offenses may fall under Florida law and federal environmental statutes. In Florida, many environmental crimes are governed by Chapter 403 of the Florida Statutes, which addresses pollution control and waste management regulations.Â
On the federal level, key laws include:
- The Clean Water Act, which prohibits the discharge of pollutants into navigable waters without a permit.
- The Clean Air Act, which regulates air emissions from stationary and mobile sources.
- The Resource Conservation and Recovery Act, which governs the management and disposal of hazardous waste.
- The Lacey Act, which bans trafficking in illegal wildlife, fish, and plants.
Understanding what defines an environmental crime—and how state and federal agencies enforce these laws—is essential for building a robust defense. Our lawyers handle environmental regulatory violations and can assist you in navigating these complex legal frameworks and safeguarding your rights at every stage of the case.
Environmental Offenses We Handle
Our legal team offers decades of combined experience and insights from former prosecutors who understand how these cases are constructed and how to dismantle them. Whether facing a complex regulatory issue or a serious criminal accusation, we approach every case with precision, strategy, and a genuine commitment to pursuing a just outcome.
We provide legal representation for environmental crimes to individuals, business owners, corporate executives, and organizations facing allegations of such offenses. Our firm manages cases that involve Florida state law and complex federal regulations, including enforcement actions by the Environmental Protection Agency, the Department of Justice, and the Florida Department of Environmental Protection.
Our attorneys offer defense for:
- Illegal dumping offenses: Defending against allegations of unlawful disposal of solid or liquid waste in unauthorized areas.
- EPA criminal investigation: Representing clients during investigations by the EPA’s Criminal Investigation Division, including pre-charge intervention.
- Clean Water and Clean Air Act violations: Handling accusations related to unauthorized discharges, air pollution violations, and emissions noncompliance.
- Hazardous waste and toxic substance handling: Defending cases involving improper storage, treatment, or disposal of hazardous materials.
- Industrial waste and pollution violations: Protecting businesses accused of mishandling industrial byproducts or polluting land, air, or waterways.
- Environmental fraud and permit issues: Challenging claims of falsified records, permit misuse, or operating without required environmental authorizations.
- White collar environmental crimes: Providing strategic defense in complex cases involving corporate misconduct, regulatory noncompliance, or fraudulent reporting.
Regardless of the allegations, our team is ready to construct a tailored, assertive defense focused on safeguarding your rights, reputation, and future.
State and Federal Agencies That Investigate Environmental Crimes
Environmental crime investigations can be quite complex and involve multiple layers of oversight. Depending on the nature and scope of the alleged offense, you may be scrutinized by one or more regulatory or law enforcement agencies. These entities possess specialized investigative units, forensic teams, and the authority to impose serious criminal charges. That’s why securing experienced legal representation is crucial early in the process—before the case gains momentum.
Environmental crimes in Florida may be investigated or prosecuted by the following agencies:
If you’ve been contacted by one of these agencies—or suspect you’re under investigation—take action now. Early legal intervention can influence how your case unfolds. Our team is prepared to step in immediately and start safeguarding your rights.
What to Do If You’re Under Investigation for an Environmental Offense
Realizing you are under investigation for an environmental offense can be overwhelming, especially when the legal implications and stakes are unclear. Whether you are a business owner, compliance officer, or employee, it is important to understand that how you respond in the early stages of an investigation can affect the trajectory of your case. Even informal inquiries from the EPA, FDEP, or other agencies should be taken seriously.
If you believe you’re being investigated—or have already been contacted by authorities—here’s what you should do:
- Do not speak to investigators without legal counsel: Even seemingly harmless conversations can be used against you. Politely decline to answer questions until you’ve talked to a defense attorney.
- Gather compliance records and internal communications: Start compiling permits, inspection reports, environmental audits, and all relevant email communications or documentation that may bolster your case.
- Contact an attorney immediately: Having a seasoned legal team involved from the beginning allows them to control the narrative, challenge flawed assumptions, and potentially resolve matters before charges are filed.
Environmental investigations can be complex, but you don’t have to navigate them alone. We’re here to stand between you and the prosecution and to protect your future. Our defense strategies often begin during the investigation stage, where we negotiate with agencies, limit exposure, and work to prevent criminal charges altogether.
What Are the Penalties for Environmental Crimes?
Environmental laws are enforced through civil and criminal actions, and in many instances, corporate officers, managers, or employees may be held personally accountable. Understanding the distinction is crucial: civil violations typically arise from unintentional noncompliance, whereas criminal charges are reserved for willful, knowing, or reckless violations.
Civil penalties often include:
- Fines
- Court-ordered injunctions
- Mandated corrective actions
Criminal penalties can be far more severe and may involve:
- Jail or prison time
- Probation
- Business shutdowns or license revocation
The severity of punishment depends on factors like the harm caused, the violator’s intent, and whether the offense was a first-time or repeat violation.
For example:
- Florida Statutes § 403.161 penalizes violations as follows:
- For willful environmental violations (third-degree felony): Up to 5 years in prison and/or a $50,000 fine
- For violations committed with gross negligence (second-degree misdemeanor): Up to 60 days in jail and/or a $5,000 fine
- The federal Clean Water Act (33 U.S.C. § 1319) imposes:
- For negligent violations: $2,500 to $25,000 per day and/or up to 1 year in prison
- For knowing violations: $5,000 to $50,000 per day and/or up to 3 years in prison
Given the stakes, early legal intervention is crucial. Our environmental violation defense lawyers are prepared to step in quickly, analyze the facts, and protect you from unnecessary penalties.
Speak with an Environmental Crimes Defense Attorney
If you are facing an environmental investigation or criminal charge, time is not on your side. These cases are often technical, fast-moving, and carry severe civil and criminal penalties. At Hager & Schwartz, P.A., we act quickly because early intervention can make a difference.Â
Backed by decades of combined experience and the insight of former prosecutors, we know how to build strong defenses that challenge the government’s case.Â
Contact us to schedule a consultation. We are ready to hear your story and discuss your legal options.
