State and local investigators prove that pollution doesn't pay
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Natural Outlook: Environmental Crimestoppers
Winter 2000
Related Stories:
Environmental
Crimestoppers Case
Studies
Local Agencies Pursue
Violators
Natural Outlook:
Table of Contents
Past Issues
State and local investigators prove
that pollution doesn't pay
In this story:
Strength in Numbers
Early Days
Reporting Is Critical
Ten years ago, illegal dumping in a residential area would have been viewed as an
egregious civil violation but hardly a criminal act.
That was when environmental crimes were little more than a footnote in law
enforcement manuals, and state and local agencies lacked the legal muscle to move
decisively against offenders.
Since the early 1990s, however, law enforcement agencies and the courts have come to
http://www.tnrcc.state.tx.us/admin/topdoc/pd/020/00-01/environcrime.html (1 of 5) [9/9/2004 1:40:00 PM]Natural Outlook: Environmental Crimestoppers
recognize intentional damage to the environment as a serious threat to the public’s
health and safety—a threat that should carry major consequences.
"It’s a sign of the times we live in, that law enforcement is starting to focus on
environmental crime," says Barbara Foreman, manager of the TNRCC’s Special
Investigations Unit. "People not only expect it, they demand it. The public wants to
know they have clean air, clean water, and uncontaminated soil."
As a result, state and local law enforcement agencies are using a full arsenal of
sleuthing techniques to pursue serious polluters. Investigators go on stakeouts, obtain
fingerprints, do laboratory analyses, and track down financial assets. When necessary,
they issue search warrants and make arrests.
Strength in Numbers
State environmental criminal laws took shape in 1991 when the Legislature boosted
penalties for environmental violations. Until then, most offenses had been a class C
misdemeanor, which was equivalent to a traffic violation.
A task force of state agencies was created to begin working together on mutual
concerns, and soon the group discovered its major strengths stemmed from having
shared goals and broad areas of expertise and resources.
Today Foreman heads up the Texas Environmental Enforcement Task Force, which
was founded in 1991 with the TNRCC, Texas Parks and Wildlife Department,
Attorney General’s Office, General Land Office, Texas Railroad Commission, and
Governor’s Office. While operating as a task force, these state agencies coordinate
with various U.S. Attorney’s Offices, the Environmental Protection Agency, and the
FBI. Task force membership has expanded to include a dozen more state, federal, and
local entities.
In the last five years of operations, the task force has been responsible for 90
convictions, including 74 individuals and 16 corporations, and court orders for $29
million in criminal and civil penalties. The team’s investigation into an unlicensed
landfill in Dallas resulted in a 30-year prison sentence for the property owner.
http://www.tnrcc.state.tx.us/admin/topdoc/pd/020/00-01/environcrime.html (2 of 5) [9/9/2004 1:40:00 PM]Natural Outlook: Environmental Crimestoppers
The task force meets bimonthly to review referrals for
investigations. Foreman says tips come from many
sources: disgruntled employees at the offending
company, business competitors, or task force members
who come across good leads. At the TNRCC, many cases
originate with the agency’s civil enforcement program. If
the environmental task force adopts a case, each member
agency appoints an investigator and the group consults
with prosecutors to determine whether the case is better
suited for state or federal courts.
At that point, says Foreman, the task force has to move
promptly, because the coalition faces statutes of
limitations—three years under state law and five years
under federal law—that span the date of the environmental offense to the indictment.
"We have to conduct our investigations thoroughly and quickly," she noted. Foreman
adds that environmental investigations can be risky—that’s why state agency
investigators sometimes take a certified peace officer along to serve search warrants.
"When people feel threatened," she said, "they can react in any way."
Early Days
Like most agencies, the TNRCC’s early steps into environmental investigations were
small ones. The TNRCC’s Dale Burnett, who headed the agency’s first special
investigations unit, recalls that his entire staff in 1991 consisted of three part-time
investigators.
At first, Burnett found it difficult to get the public to take environmental crimes
seriously. "Many people just wouldn’t believe that someone would intentionally harm
the environment," he said. "But money is the driver here for people who see ways to
take short cuts at the expense of others and the environment."
http://www.tnrcc.state.tx.us/admin/topdoc/pd/020/00-01/environcrime.html (3 of 5) [9/9/2004 1:40:00 PM]Natural Outlook: Environmental Crimestoppers
The TNRCC’s investigations unit has grown
considerably: A total of nine investigators now work
out of the Austin headquarters and field offices in
Arlington, Beaumont, Corpus Christi, El Paso,
Houston, San Antonio, and Tyler.
When Burnett went on to become director of the
TNRCC’s Waste Permits Division, Foreman took
command of the agency’s investigations unit in January
1999. Last fiscal year, the TNRCC screened 115
referrals for environmental investigations.
Meanwhile, the Texas Environmental Enforcement
Task Force has expanded its efforts into training police
and sheriff’s departments in environmental
investigations. More than 500 officers, including more than a dozen from Mexico’s
environmental agency, have gone through the classes.
These three-day training sessions cover state and federal environmental statutes and
emphasize the differences between criminal and civil cases. Primary instruction
includes the investigative techniques most important to environmental cases, such as
evidence collection and the use of scientific and technical expertise. Officers are led
through re-enactments of illegal discharges, such as a vacuum truck releasing grease
into a city sewer or the illegal dumping of hazardous waste, such as solvents, and the
execution of a search warrant.
Reporting Is Critical
Foreman says it is important for the public to be vigilant for signs that their
neighborhoods are being harmed by irresponsible business practices.
"Citizens should be aware of what happens in their communities," she emphasized. "If
they see something that looks like it’s harmful to the environment or to their health,
they should call us, even if they’re not sure. We’ll determine whether there is cause for
alarm."
She points out that offenders often favor rural areas or low-income neighborhoods for
crimes such as illegal dumping.
With Texas’ rapid population growth and expanding business activity, Foreman
foresees no downturn in the number or severity of environmental offenses, saying, "I
see law enforcement increasing efforts to fight environmental crime, but I also see
environmental crimes continuing."
For would-be polluters, she has this warning: "Just don’t mess with Texas."
http://www.tnrcc.state.tx.us/admin/topdoc/pd/020/00-01/environcrime.html (4 of 5) [9/9/2004 1:40:00 PM]Natural Outlook: Environmental Crimestoppers
Information on environmental crime prevention is also available at:
www.tnrcc.state.tx.us/legal/si/crime.html.
Index | Agency | Search | Home
Comments | Webmaster | Disclaimer
Last Modified: December NaN, NaN
http://www.tnrcc.state.tx.us/admin/topdoc/pd/020/00-01/environcrime.html (5 of 5) [9/9/2004 1:40:00 PM]You can also read
