Trends in Criminal Enforcement in the Marine Industry: More Targets and Expanding Theories of Liability

ABSTRACT Owners and operators of vessels, shoreside personnel, facility managers, and corporate officers, among others, have become prime targets of environmental crimes prosecutors. With respect to the marine business, the trend began in the mid-1990s with tankers, continued with cruise ships and cargo ships, and now includes fishing vessels and tugs/barges. Shoreside facilities and pipelines are in the crosshairs as well, with increased environmental enforcement actions being filed. Prosecutors rely on theories of liability beyond those contained in environmental statutes, such as false statements and obstruction of justice, and now include regulatory violations as a basis for criminal prosecution; e.g., deficiencies in reporting and record keeping requirements. Despite numerous criminal prosecutions over the last ten years for bypassing oil-water separators on vessels or otherwise discharging oily bilge water into the ocean, such prosecutions continue at an alarming rate. Far too few companies seem to ...