Gerald Cohen, Environmental Crimes, New York 2010

New York, NY – Gerald Cohen, owner and operator of Lawrence Aviation Industries, Inc., was sentenced in 2010 following a protracted legal battle stemming from violations of federal environmental regulations. The case, originating with charges in 2006, revealed a pattern of knowingly disregarding requirements under the Resource Conservation and Recovery Act (RCRA) and the Clean Air Act (CAA).

Lawrence Aviation Industries, a New York State corporation specializing in the manufacture of titanium sheets for the aeronautics industry, came under scrutiny for its handling of hazardous waste generated during the manufacturing process. According to the indictment, Cohen knowingly stored this waste in two on-site tanks without securing the necessary permits mandated by RCRA. This blatant disregard for environmental protocols posed a potential threat to both public health and the surrounding ecosystem.

The violations weren’t limited to waste management. Federal investigators also discovered that Lawrence Aviation was operating two diesel engines without obtaining the required permits under the Clean Air Act. The CAA mandates permits for stationary sources of air pollution to ensure compliance with emission standards and protect air quality. Cohen, as the chief executive officer and president of the company, bore direct responsibility for these infractions.

After initially pleading guilty to the charges, the case dragged on for several years. On May 29, 2010, Cohen received a sentence of 12 months and one day of incarceration, followed by a 36-month probationary period. Furthermore, the court ordered Cohen to pay $105,816 in restitution to the U.S. Environmental Protection Agency (EPA) to cover the costs associated with remediation and investigation. A subsequent court reaffirmation on December 10, 2010, solidified the sentencing.

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Legal Basis & Penalties

The charges against Cohen and Lawrence Aviation were based on specific violations of federal law. The RCRA violations stemmed from 42 U.S.C. 7413(c)(1), which addresses the knowing violation of hazardous waste regulations. The CAA violation was linked to 42 U.S.C. 6928(e), concerning the operation of a stationary source without a required permit. The penalties, including imprisonment, probation, and restitution, reflect the seriousness with which federal authorities view these environmental crimes.

Key Facts

Defendant: Gerald Cohen & Lawrence Aviation Industries, Inc.
State: New York
Year of Charges: 2006
Year of Sentencing: 2010
Statutes Violated: Resource Conservation and Recovery Act (RCRA) – 42 U.S.C. 7413(c)(1), Clean Air Act (CAA) – 42 U.S.C. 6928(e)
Penalties: 12 months + 1 day imprisonment, 36 months probation, $105,816 restitution
Crime: Knowingly storing hazardous waste without a permit and operating equipment without a CAA permit.

This case underscores the EPA’s commitment to enforcing environmental regulations and holding individuals and corporations accountable for actions that endanger public health and the environment. GrimyTimes will continue to follow developments in environmental crime cases as they unfold.

Source: EPA ECHO Enforcement Case Database

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