Collin Greenland | Spotlight on environmental crimes

Jamaica is part of this planet, existing in an era of unprecedented environmental concerns. Climate change, pollution, resource depletion, and loss of biodiversity threaten our planet and life as we know it. In our perennial campaigns to expose corruption and other forms of white-collar crimes, the transgressions of those who violate our laws to protect the environment and human healthcare are often overlooked.

Admittedly, enlightened citizens who are championing to preserve our natural treasures like the Cockpit Country, and our forests, mangroves and beaches, have trumpeted their concerns. However, the nature and scope of environmental crimes on this land of wood and water can extend well beyond disregarding environmental laws, and may include other fraudulent acts that can range from schemes such as falsification of data, inflation of invoices, concocted environmental impact studies, bribery of officials, and fraudulent insurance claims.

In general, environmental crime refers to the violation of laws intended to protect the environment and human health, such as our air and water quality; protection of our wildlife; preservation of our flora and fauna; how we dispose of our waste and hazardous materials; and so on. Most jurisdictions worldwide characterise an environmental law violation as a form of white-collar crime. If convicted, violators face fines, probation, jail time, or some combination thereof, depending on the severity of the violation.

Globally, environmental crime is now becoming a serious problem in different forms, with some of them being among the most profitable criminal activities in the world after drug and arms trafficking. Whereas the more ‘glamorous’ white-colour crimes such as money laundering, tax evasion, embezzlement and bribery often are sensationalised in headlines, environmental crime has increasingly being perpetrated and ranging in violations that result in harm befalling the environment and human life. These may include, but are not limited to, littering, improper waste disposal, oil spills, destruction of wetlands, dumping into oceans, streams, lakes, or rivers, groundwater contamination, improperly handling pesticides or other toxic chemicals, burning garbage, improperly removing and disposing of asbestos, falsifying lab data pertaining to environmental regulations, smuggling certain harmful chemicals, bribing government officials, and committing a slew of administrative/financial frauds related to environmental crime. Of these, experts have identified the following as the world’s top five environmental crimes – wild animal traffic, indiscriminate logging, electronic waste mismanagement, finning of sharks, and dumping in rivers and aquifers.

Interpol, for example, has identified wild animal trafficking as the third largest illegal business in the world –after drug and arms trafficking, seriously threatening the world’s biodiversity survival, with the more endangered the species, the higher the price it attracts. I sometimes wonder if that is why I’m not seeing as much of our Jamaican Hummingbird these days as I did as a child. The destruction of the largest rainforest in the world in the Amazon by deforestation to get wood for furniture or other goods, and the disappearance of the Indonesian forests because of excessive palm oil cultivations, should serve as a warning to our local coal burners, or others who may be ravaging our woodlands.

EXPORTED WASTE

Estimates from the so-called developed countries indicate that up to 50 million tonnes of electronic waste every year (computers, TV sets, mobile phones, appliances, etc.), are exported elsewhere, with up to 75 per cent of these estimated to be illegally exported to Africa, China or India. We know there is a thriving scrap metal trade locally, but it would be interesting to know the details of how and where our electronic waste are been disposed of locally.

It would be instructive if the Caribbean Policy Research Institute, National Environment & Planning Agency, Natural Resources & Conservation Authority, Town & Country Planning Authority, or other such local organisation could empirically establish the nature and extent of the faecal and toxic waste coming from our households, companies, factories and public administrations, that end up in our rivers, aquifers, underground streams that cumulatively pollute our environment. As responsible world citizens, such research should also examine our carbon emission status.

While we expect the more salacious exposure of other white-collar crimes to continue grabbing the headlines, the spotlight should be increasingly shone on environmental crimes. A good place to start would be an overhaul of our environmental regulations, with a view not only to tightening up on the nature, scope and frequency of violations, but also imposing heavy fines/punishment designed towards meaningful deterrence. Many developers, business operators, and even individuals regard compliance with environmental regulations as ‘nuisance’ expenditure that can significantly increase overhead costs. Some, in an attempt to avoid these additional costs, may refuse to comply with the regulations and will pay governmental fines rather than pay the compliance costs, especially if the latter surpass the total costs of the fines. Other businesses, however, will try to hide their non-compliance, such as by dumping hazardous waste into rivers, streams, oceans, or otherwise secluded areas rather than paying to have it taken to designated disposal/treatment locations. Given the complexity of environmental projects, fraud has a very good chance of success, particularly because most concerns are focused on transactions that involve payments and procurement.

An important feature that could greatly enhance compliance with our environmental laws is the inclusion of ‘whistle-blowing’ components, with anti-retaliation provisions. In the US, for example, at least seven major federal environmental laws have provisions protecting whistle-blowers from employer retaliation, including being fired, suspended, or demoted for engaging in whistle-blower activities. Those laws are the Safe Water Drinking Act, Federal Water Pollution Control Act, Toxic Substances Control Act, Solid Waste Control Act, Clean Air Act, Energy Reorganization Act, and Comprehensive Environmental Response, Compensation and Liability Act.

Enlightened corporations locally should routinely conduct forensic audits, and environmental audits at least every five years, to assure themselves, stakeholders and the public at large that their corporate governance integrity includes environmental compliance and considerations. Environmental audits, for example, would provide the type of evaluation intended to identify environmental compliance and management system implementation gaps, along with related corrective actions. Such audits could facilitate organisations locally to secure ISO 14000 certification, hence signalling to the world that they identify and control the environmental impact of their activities, products or services; improve their environmental performance continually, and implement a systematic approach to setting environmental objectives and targets to achieving these, and to demonstrating that they have been achieved.

With regard to environmental crimes in Jamaica, we would be wise to concur and heed the philosophy of the renowned English theoretical physicist, cosmologist, and author who opined:

“We are in danger of destroying ourselves by our greed and stupidity. We cannot remain looking inwards at ourselves on a small and increasingly polluted and overcrowded planet.”

Collin Greenland is a forensic consultant. Email: cgreeny.collin@gmail.com