Portland, OR – Evergreen International SA, a Panamanian shipping company, was sentenced in 2005 following a federal investigation into deliberate pollution and obstruction of justice. The case, originating in the District of Oregon, revealed a pattern of illegal discharges and falsified records designed to conceal environmental crimes committed aboard the company’s vessels, the M/V Ever Gleeful and the M/V Ever Group. The investigation uncovered that these ships, regularly traversing between Asia and the United States from 1998 to 2001, systematically dumped large quantities of oil-contaminated waste into the ocean.
Federal prosecutors detailed how Evergreen International knowingly circumvented environmental regulations, specifically the Clean Water Act and international maritime pollution treaties. The M/V Ever Gleeful was found to have deliberately falsified its Oil Record Book – a detailed log of oil handling procedures required by law – and presented this inaccurate document to the U.S. Coast Guard. This constituted a clear attempt to mislead authorities and hide illegal overboard discharges of untreated oily bilge water. Simultaneously, the M/V Ever Group was implicated in a negligent discharge of a “harmful quantity” of oil into the Columbia River in March 2001, directly impacting a vital waterway.
Investigation and Plea
The Environmental Protection Agency (EPA) led the investigation, uncovering evidence of systemic violations. On April 4, 2005, Evergreen International SA pled guilty to one felony count of making false statements (18 U.S.C. 1001), three counts of violating the International Convention for the Prevention of Pollution from Ships (MARPOL) (33 U.S.C. 1908(a)), and one misdemeanor count of violating the Clean Water Act (33 U.S.C. 1319(c)(1)(A) and 33 U.S.C. 1321(b)(3)). The initial charges also included obstruction of justice (18 U.S.C. 1505), but this was resolved as part of the plea agreement.
Sentencing and Penalties
On April 20, 2005, U.S. District Judge Garrick L. Murphy handed down the sentence. Evergreen International was placed on 36 months of probation and ordered to pay a substantial $25 million penalty. This consisted of a $15 million criminal fine and a $10 million organizational community service payment directed towards environmental funds and foundations, including the National Park Foundation and the National Fish and Wildlife Foundation. Specifically, the court mandated a $3 million criminal fine and a $2 million organizational community service payment to Oregon’s Governor’s Fund for the Environment.
Impact and Aftermath
This case represents a significant enforcement action by the EPA and the Department of Justice aimed at deterring maritime pollution and holding companies accountable for environmental crimes. The substantial financial penalties and mandated community service underscore the severity of the offenses and the commitment to restoring damaged ecosystems. The case serves as a warning to other shipping companies that falsifying records and illegally discharging pollutants will be met with swift and decisive legal action.
Key Facts
- Defendant: Evergreen International SA
- Location: Columbia River, Oregon
- Years Active: 1998 – 2001 (violations occurred during this period)
- Vessels Involved: M/V Ever Gleeful, M/V Ever Group
- Laws Violated: 18 U.S.C. 1001, 33 U.S.C. 1908(a), 33 U.S.C. 1319(c)(1)(A), 33 U.S.C. 1321(b)(3)
- Penalty: $25 million (fine and community service) – $5 million directed to Oregon environmental funds
- Plea: Guilty to one felony count of making false statements, three counts of violating MARPOL and one misdemeanor count of violating the CWA
GrimyTimes will continue to follow developments in environmental crime and report on efforts to protect our waterways.
Source: EPA ECHO Enforcement Case Database
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