Crimes against water: non-enforcement of state water pollution laws

In the United States water pollution is a serious problem criminalized not only by the federal government, but by all states. These laws vary greatly in content, but are widely disobeyed and universally under-enforced. Statutes, case law, histories and journalism show “law in action” typologies of non-enforcement efficacious for analysis including: (1) jurisdiction issues like federal pre-emption, inter-state compacts, and constitutional limitations; (2) legislative issues such as failure to legislate, or legislating ineffectively; (3) agency issues, including administrative obstacles, delegation, power vacuums, procedure, and “agency capture”; (4) policing issues like apathy, under-funding/training, jurisdictional confusion, and “following the path of least resistance”; (5) prosecutorial issues, including isolation, intimidation, and ideological priority bias; (6) trial and appellate court issues, including unclear culpability, erroneous holdings, bias, and lack of judicial independence; and (7) citizen, victim, and defendant issues, including legal intellectual influence, environmentalist criminalization apathy, industry lobbying, environmental justice, reporting failures, self-policing, ethics and flight. The conclusion is non-enforcement in this area of criminal law shows that while federally there may exist a relatively consistent, content neutral enforcement system, at the state level resistance to enforcement is seen across a number of fronts. Ultimately, states can be seens as colonized frontiers servicing venture capitalism, consistent with a “race to the bottom.”