Pinpointing Persistent Polluters: Environmental Offending and Recidivist Companies in England

Abstract

ABSTRACT The extent to which firms can be deterred from offending has received significant attention. Despite this, the evidence for such deterrence remains inconclusive. This article suggests that instead of focusing on the deterrence aimed at companies, we should instead begin with a less contentious observation; that companies are frequently recidivists, and that an emphasis on the factors associated with company recidivism would be a useful starting point for thinking about offending by firms. The article explores this through an investigation of companies pursued by the UK’s Environment Agency in England between 2000 and 2016. The logistic regression analysis suggests that being a utilities company, a large enterprise or a new company were all predictive of repeat offending. Conversely, whether a company was fined after its initial offense was not predictive of whether it would re-offend. The implications of these findings for regulatory work and future research are discussed.