Environmental Crimes

The AG’s Office has built one of the most effective environmental enforcement units in the country. However, unlike the federal government and states like Oregon, WA State laws do not address the most serious violations with appropriately serious criminal laws to hold violators accountable. SB 5360 would fix that. 

Currently, violations of the Washington State Clean Air Act, the Water Pollution Control Act, and the Hazardous Waste Management Act allow violators to be charged with gross misdemeanors. Violations of these crimes are prosecuted by county prosecutors or the Attorney General’s Office when granted concurrent authority from a county prosecutor. Many of these current Washington State gross misdemeanors related to clean water and air violations are actually felonies under federal law. ESSB 5360 ensures businesses and individuals who knowingly violate environmental law don’t get a pass - especially now that the federal government is stepping away from prosecution. 

ESSB 5360 will allow prosecutors to seek increased state penalties for violations of the Washington State Clean Air Act, the Water Pollution Control Act, and the Hazardous Waste Management Act. Knowingly violating the acts will become a felony. Criminally negligent violations of the Clean Air Act and the Hazardous Waste Management Act will be gross misdemeanors. Knowingly endangering the health of people, property, or natural resources will be more serious felonies. Violations of the acts covered in this bill are largely already illegal under state and/or federal law. This bill expands criminal liability to include criminally negligent violations of the Washington State Clean Air Act.