Environmental Crimes Act of 1989

Environmental Crimes Act of 1989 - Amends the Federal criminal code to establish penalties for committing an environmental offense and knowingly, recklessly or negligently endangering life or causing a risk of an environmental catastrophe.

Requires the court, when sentencing an organization for an offense under this Act that is a felony, or a misdemeanor after the organization has had a previous conviction, to place the organization on probation and require payment for an environmental audit. Allows the court, when sentencing an organization for a misdemeanor in the absence of a previous conviction, to place the organization on probation and require the audit.

Requires the court to appoint an independent expert with no prior involvement in the environmental management of the organization to conduct an environmental audit.

Specifies that such audit shall: (1) identify causes of, and factors that contributed to, the death, serious bodily injury, or environmental catastrophe that is the basis for the conviction and recommend specific measures to prevent a recurrence; (2) identify all pollutants that the organization routinely discharges or emits into the environment and recommend pollution prevention measures to reduce such discharges or emissions to the degree technologically and economically feasible; (3) identify all other adverse environmental effects caused by the organization and recommend measures to reduce or eliminate such effects; (4) address, and make recommendations about, such other matters as the court may direct; and (5) recommend a schedule for implementation of the recommendations.

Requires the court to order implementation of the recommendations unless: (1) the recommendation will not achieve the intended result; (2) the adverse environmental effects of implementation outweigh the benefits; or (3) the technology does not exist to carry out the recommendation and, with respect to the identification of pollutants, other adverse environmental effects, and other court-directed recommendations, there is another means to achieve the equivalent result at less cost to the defendant.

Makes the implementation of any recommendation of an environmental audit an enforceable condition of any Federal environmental license or permit for any facility to which the recommendation applies.

Authorizes the court to: (1) impose a longer term of probation than is otherwise permitted by law if necessary to implement the environmental audit; and (2) hold any appropriate party in contempt or appoint a special master to conduct the relevant affairs of the defendant.

Authorizes the prosecutor, the auditor, or any governmental agency to suggest to the court that a failure to implement the audit has taken place. Requires the court to order appropriate sanctions whenever an alleged failure to implement an environmental audit is properly before the court, unless the defendant demonstrates that such failure did not take place.