From Columbus to Lansing: Exploring the Prosecution of Environmental Crimes Within EPA Region 5

Transgressions of federal environmental law involving significant harm or culpable conduct can result in criminal prosecution. However, we know very little about how such prosecutions have taken place within EPA Region 5, which includes Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. We undertake a content analysis of 2,807 criminal prosecutions that resulted from U.S. EPA criminal investigations from 1983-2022, selecting all 392 prosecutions occurring within Region 5 for analysis. Results show that over $3.4 billion in monetary penalties, 1,039 years of probation, and over 492 years of incarceration were assessed at sentencing.

33 % of prosecutions centered on water pollution, 23% on hazardous substances, 21% on air pollution, and 17% on state-level crimes, with a majority of prosecutions taking place in Ohio and Michigan. We conclude by offering recommendations for enhancing criminal enforcement, such as expanding funding for core operations and creating stronger connections with state and local environmental agencies.