Justice Department Taking Heat for Too Few Environmental

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Justice Department Taking Heat for Too Few Environmental Prosecutions Speaking without prepared testimony, these EPA investigators stated that some of the roadblocks they had encountered in trying to get cases to court convinced them that the local U.S. attorneys should have the authority to bring their own cases to trial. The Justice Department's manual for U.S. attorneys requires that attorneys at its Washington, D.C., headquarters review and approve all criminal prosecutions of environmental statutes. uring the past several years the Placed in the middle of this controversy, Environmental Protection EPA has nothing official to add, except Agency has greatly increased its that it believes its record on environcriminal enforcement staff and has tried mental prosecutions is excellent. to pursue violators vigorously. The reDingell's subcommittee prepared a list sult: A fairly impressive number of perof about 20 instances in which it believes sons who knowingly violated environthe Department of Justice did not pursue mental laws have gone to prison. a case properly. Almost all of the six cases Still, if some members of Congress selected for particular scrutiny involve imhad their way, more corporate presiproper hazardous waste disposal. In addidents and managers would be going to tion to the Weyerhauser paint wastes case, jail for breaking such laws. EPA isn't the subcommittee focused on a pesticide being blamed; it's the Justice Departdisposal incident, two cases of illegal ment that is being taken to task for bedrum disposal of hazardous wastes, a ing soft on criminals. case involving the dumping of dust The House Committee on Energy & from a steel scrap mill, and one instance Commerce's Subcommittee on Oversight of illegal wetlands filling. & Investigations held a hearing earlier this The Science, Space & Technology Commonth that looked closely at several cases mittee's subcommittee's investigation has where it appeared that criminal prosecubegun with closed-door interviews of Justion was warranted, but for which Justice tice Department attorneys. The Department attorneys decids department initially refused to ed otherwise. And an exami|- allow the interviews on the nation of similar cases by the § grounds that federal law proSubcommittee on Investiga§ hibits divulging testimony givtions & Oversight of the ° en to a grand jury. There also House Committee on Science, was a concern, justified or not, Space & Technology is getthat U.S. attorneys might be inting under way. timidated somehow by the Rep. John D. Dingell (D.idea of having to testify before Mich.), chairman of both the an investigating subcommittee. House Energy & Commerce The Subcommittee on InvesCommittee and the Oversight tigations & Oversight, chaired & Investigations Subcommitby Rep. Howard Wolpe (D.tee, leaves little doubt as to Mich.), is specifically looking where he stands on the issue. into the settlements for violaHe sees "disturbing allegations at the Rocky Hats' weaptions that the [EPA enforceons plant in Colorado. Rockment] program is being unwell International agreed to dermined by a pattern of pay $18.5 million for violations bizarre and misguided deDingell: enforcement program is being undermined

• House subcommittees investigate suspected roadblocks to attempts to bring environmental law violators to court

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cisions at the Department of Justice." He has taken the Justice Department's environmental crimes section to task for squandering investigative resources while looking into criminal acts, resulting in minor fines for companies, or for dropping cases altogether. Still, Dingell and his staff think the Justice Department is holding EPA back. "There seems to be a disinclination to prosecute the responsible corporate officers of large corporations," Dingell says. 'Time and time again, cases are dropped or plea bargained away at very light penalties after months of intensive research, extensive travel, and costly laboratory tests." He cites an example where a Weyerhauser Forest Product Co. plant knowingly dumped paint wastes into a storm drain system. A 39-count indictment was prepared by EPA and the U.S. attorney's office, but the environmental crimes section decided not to press the indictment. The company eventually pleaded guilty to five misdemeanors and paid a fine. At its hearing, the first of a series on environmental enforcement, Dingell's subcommittee heard from a number of EPA enforcement staff members who also expressed disappointment at some of the Justice Department's actions.

SEPTEMBER 28,1992 C&EN

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there. The subcommittee is concerned that somehow the company avoided paying an additional $10 million in fines, and that the Justice Department might have refused to prosecute company officials on admiral charges. Criminal penalties for violating environmental laws were set up because Congress believes that fining a company for polluting does little to persuade the individuals in charge to stop pollution practices. By threatening to prosecute the managers and officers of a company, Congress is going after the responsible, and legally culpable, individuals. It appears to some in Congress that the Justice Department has not wanted to prosecute individuals, especially if they work for a large corporation. Politics may play a part in this apparent prosecutorial reluctance, but then again it may not. The Energy & Commerce subcommittee's investigation shows that Republican-appointed U.S. attorneys in the field are anxious to go forward with aiminal prosecutions, but are prevented from doing so by the Department of Justice in Washington, D.C. Subcommittee staffers worry that the Justice Department environmental crimes section has been stacked with individuals ideologically opposed to jailing businessmen, but that would be hard to prove. Of course, hearings themselves cannot change actions or policies. Dingell points out that he introduced a law in 1988 that would have given EPA the power to prosecute its own cases, bypassing the Justice Department. He also notes that the Pollution Prosecution Act of 1990 gave EPA increased criminal investigation powers. Perhaps Congress could move to change the requirement that the Department of Justice has to approve environmental criminal prosecutions. About the most these hearings can do now is to shed light on the policies at the Justice Department, the committee says, and hope that the publicity has some effect. It also notes that the Presidential election can have an effect, because new Justice Department officials would be appointed if Arkansas Gov. Bill Clinton is elected. But basically, Congress simply wants to know why more company officials aren't going to jail for breaking environmental laws. Committee actions are certainly going to pressure the Department of Justice for more convictions—and companies have to be aware of this. David Hanson

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SEPTEMBER 28,1992 C&EN