The Toxic Crusaders: Exploring the History of the Criminal Enforcement of the Toxic Substances Control Act

The criminal prosecution of defendants who violated federal laws governing chemical substances has been ongoing for roughly four decades. Yet we continue to have a poor understanding of how federal prosecutors use the U.S. Toxic Substances Control Act (TSCA) to charge and prosecute environmental criminals. Through content analysis of all the Environmental Protection Agency’s (EPA) criminal prosecution case summaries from 1983 to 2019, we analyze all TSCA-focused prosecutions for two purposes. First, to gain a better historical understanding of how federal prosecutors have used TSCA as a prosecutorial tool.

Second, to understand outcomes of those prosecutions. Results show that 38% of prosecutions focus on PCB-related crimes, 34% on asbestos crimes, 24% on lead-based paint crimes, and 4% on chemical crimes. Cumulatively, defendants were assessed over $170 million in penalties, 3,200 months’ probation, and 1,900 months incarceration. We conclude with forward-facing solutions for improving the criminal enforcement of TSCA including enhanced public salience, resources, and community policing.