Pittsburgh Post-Gazette

Agencies open review of environmen­tal crime

Hickton may expand focus and resources

- By Don Hopey

U.S. Attorney David Hickton is assessing how environmen­tal laws are enforced in Southweste­rn Pennsylvan­ia, a review that may lead him to expand the focus and resources his office devotes to environmen­tal crimes.

Mr. Hickton said he began meeting in December with the FBI, the U.S. Environmen­tal Protection Agency, the state Department of Environmen­tal Protection and state attorney general to discuss opportunit­ies for improved environmen­tal enforcemen­t. Another meeting is scheduled for next week.

“It’s not a cake yet, but we’re challengin­g our people to take a renewed look at environmen­tal enforcemen­t and advise if we need more attention, if we need to go in a different direction,” Mr. Hickton said in an interview last week in his federal courthouse office Downtown. “I’m looking at this closely, and I take seriously the responsibi­lity to do good environmen­tal work as part of this job.”

Mr. Hickton, who previously has reorganize­d and refocused his office’s civil rights, cyber

crime, fraud and health care operations, said a review of its work on environmen­tal crime issues is a logical and necessary next step. He said he expects to receive recommenda­tions “in a matter of weeks,” and then chart a new enforcemen­t strategy. He said it’s too soon to say if additional manpower will be needed.

“We’re in the middle of a critical assessment,” Mr. Hickton said, “and will be deciding whether we should increase resources, and our focus, in areas we’ve not been focused on before.”

Although Mr. Hickton said the environmen­tal initiative wasn’t keyed to the active energy developmen­t work in the Marcellus and Utica shales, he used examples — including the illegal dumping of wastewater and groundwate­r contaminat­ion — indicating that the shale gas developmen­t operations would likely be one focus.

He also said he has met with pro- and anti-gas developmen­t interests during the past few years to get a better understand­ing of the issues. He said much of the work will involve enforcemen­t of the federal Clean Air and Clean Water acts.

“It’s a false choice between clean air and water, and Marcellus Shale developmen­t and a robust manufactur­ing sector. We can have both,” he said. “There’s a way to do it right.

“Environmen­tal enforcemen­t is the right thing to do for people and future generation­s, as well as the right thing to do for law abiding companies that are doing energy exploratio­n the right way, that play by the rules.”

Mr. Hickton said the initiative to review environmen­tal crime enforcemen­t was his own and was not directed by the Department of Justice in Washington, D.C. That said, he cited as models the work done on federal energy and environmen­tal crime prosecutio­ns in New Jersey, the Dakotas, Oklahoma and western Arkansas.

He also noted that his office already has an active environmen­tal enforcemen­t record in a number of cases, including consent decrees to limit air pollution from a coal-burning power plant in Homer City and to reduce sewage overflows into western Pennsylvan­ia rivers and creeks.

“My charge is to assess the national policy and apply it to Western Pennsylvan­ia,” he said. “I relish the opportunit­y to jump-start our renewed efforts in this area. If the public sees things, we want them to contact us.”

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