At Hilder & Associates, P.C., we monitor environmental crime enforcement closely because these cases often blend complex regulatory frameworks with high-stakes criminal penalties.
Businesses and individuals across Texas are under increasing scrutiny from federal and state regulators, and even minor compliance failures can escalate into criminal allegations. If you are concerned about environmental investigations or compliance issues, call (713) 655-9111 today or contact us online for a confidential consultation with our team.
The Expanding Scope of Environmental Enforcement
Texas is home to the nation’s largest concentration of energy and petrochemical facilities, along with diverse agricultural, industrial, and shipping operations. This economic activity also makes the state a priority for regulators, including the Environmental Protection Agency (EPA), the Department of Justice (DOJ), and the Texas Commission on Environmental Quality (TCEQ).
While environmental crimes once centered on clear pollution violations, the scope of enforcement has expanded significantly. Regulators now pursue cases involving fraud, record falsification, and failures to self-report. The government’s willingness to prosecute companies and individuals together has created a more aggressive enforcement landscape.
Key Environmental Crime Trends in Texas
Increased Prosecution of Air Emissions Violations
Texas refineries, chemical plants, and manufacturing facilities have long drawn scrutiny for alleged Clean Air Act violations. Prosecutors are now focusing on “flaring” practices, where excess gases are burned off, and on failures to install modern pollution-control technology.
Recent enforcement actions in Houston and along the Gulf Coast have resulted in multimillion-dollar settlements, binding consent decrees, and, in some cases, criminal charges against facility managers. Regulators are also using remote sensing and drone technology to monitor emissions, meaning violations can be detected without traditional inspections.
Waste Disposal and Hazardous Substances
Hazardous waste management is another growing area of prosecution. Allegations often involve improper storage, transportation, or disposal of industrial waste. In Texas, several recent cases have targeted waste management contractors accused of storing chemicals without permits or mixing hazardous and non-hazardous waste to avoid costly disposal procedures.
Because waste often moves through multiple handlers, questions of liability can be complicated. Companies are increasingly being held accountable not only for their own practices but also for the actions of their subcontractors.
Water Pollution and Unauthorized Discharges
The Clean Water Act remains a cornerstone of environmental enforcement in Texas. Cases often arise from unauthorized discharges into rivers, bays, and the Gulf of Mexico. Oil spills, chemical leaks, and even wastewater mismanagement have triggered criminal prosecutions in recent years.
What is changing is the emphasis on reporting obligations. Regulators are pursuing criminal charges not only for the discharges themselves but also for failures to timely disclose them. This “paperwork crime” approach increases the number of potential violations in every incident.
Fraud and False Reporting
Beyond direct pollution, prosecutors are targeting fraud and misrepresentation in environmental compliance. This includes falsified emissions records, fabricated laboratory results, and manipulated monitoring equipment. In some cases, individuals have faced charges for altering spreadsheets or failing to enter accurate data into required reports.
False reporting is particularly dangerous because it transforms what might otherwise be a civil enforcement matter into a criminal case, exposing individuals to personal liability.
Focus on the Energy Sector
As the backbone of Texas’s economy, the energy sector continues to be a prime enforcement target. Regulators monitor oil and gas exploration, refining, petrochemical production, and pipeline operations. With increasing attention on climate change and environmental justice, prosecutors are motivated to bring cases that demonstrate a commitment to oversight.
This trend means both large corporations and smaller operators face potential liability. Independent producers, trucking companies, and service providers can all become targets of investigations that begin at higher levels of the supply chain.
Targeting Individuals in Addition to Companies
One of the most significant shifts in environmental crime enforcement is the increased focus on individual accountability. Federal prosecutors in Texas have emphasized that corporate officers, managers, engineers, and compliance professionals may face personal criminal charges for their role in environmental violations.
This trend has created new risks for employees who previously assumed that only their companies could be liable. Now, decisions about maintenance, reporting, and disclosure may carry personal criminal consequences.
Penalties for Environmental Crimes in Texas
Environmental crimes are treated seriously, often as felonies. Penalties can include:
- Fines ranging from thousands to millions of dollars;
- Restitution for cleanup costs or damages;
- Probation or community service;
- Imprisonment, sometimes for decades, depending on the severity of the crime;
- Corporate compliance obligations, such as mandatory audits or new monitoring technology.
The reputational harm can be just as devastating as the legal penalties. News coverage of environmental prosecutions often leads to shareholder concerns, loss of business opportunities, and long-term brand damage.
Defense Challenges in Environmental Crime Cases
Environmental cases are unusually challenging because they combine regulatory, civil, and criminal issues. For example, a spill might trigger:
- Civil penalties under state law;
- Federal criminal charges under the Clean Water Act;
- Private lawsuits from affected property owners.
Defending these cases requires not only legal knowledge but also a technical understanding of engineering, chemistry, and environmental science. At Hilder & Associates, P.C., we work with forensic experts, former regulators, and investigators to challenge the government’s evidence and present a clear picture of the facts.
Potential defense strategies may include:
- Demonstrating a lack of intent or knowledge;
- Showing compliance with permits or industry standards;
- Challenging the accuracy of testing methods;
- Arguing procedural violations in the government’s investigation.
Preparing for the Future of Environmental Enforcement
Several trends suggest that enforcement will only intensify in Texas:
- Use of Technology — Drones, satellite imagery, and real-time monitoring systems are giving regulators unprecedented tools to detect violations.
- Climate and Community Impact — Cases tied to climate change and environmental justice concerns are receiving priority treatment.
- Cross-Agency Coordination — Federal, state, and local agencies are working together more closely, expanding the scope of investigations.
- Whistleblower Incentives — Employees are increasingly encouraged, and sometimes financially rewarded, for reporting alleged violations.
Businesses must adopt proactive compliance strategies to reduce risk. Regular audits, employee training, and transparent reporting can all help prevent enforcement actions.
How Hilder & Associates, P.C. Can Help
Our firm has decades of experience representing individuals, corporations, and officers in environmental crime investigations and prosecutions. We understand the stakes and the unique pressures of facing allegations that impact both business operations and personal liberty.
We provide:
- Strategic defense in federal and state criminal cases;
- Guidance during regulatory investigations and grand jury proceedings;
- Internal corporate investigations to identify and address potential compliance issues;
- Negotiation with prosecutors to minimize exposure;
- Trial advocacy when litigation is unavoidable.
Our goal is always the same: to protect your rights, safeguard your reputation, and secure the best possible outcome under difficult circumstances.
Contact Our Houston Environmental Crime Defense Attorneys Today
If you or your company are facing questions from regulators, subpoenas, or criminal charges related to environmental matters, do not wait. Early intervention is critical in shaping the direction of the investigation and protecting your rights.Call (713) 655-9111 or contact us online to speak with an experienced Houston environmental crime attorney at Hilder & Associates, P.C. We are ready to stand with you against the full resources of the government.
