This is a printer friendly version of an article from
www.goupstate.com
To print this article open the file menu and choose
Print.
Back
Article published Nov 25, 2003
McMaster wants more power to prosecute
polluters
Associated Press
COLUMBIA
-- Attorney General Henry McMaster wants state legislators to give the state
grand jury authority to investigate crimes against the environment and his
office greater power to prosecute.State officials limited authority to
investigate using standard police procedures, such as eyewitness testimony. But
those techniques are not the most effective when investigating white-collar
crimes, McMaster said."We need a grand jury that operates like the federal grand
jury," he said. "Extending authority to the state grand jury would allow it to
subpoena witnesses or records."The U.S. Attorney's Office typically investigates
environmental crimes in South Carolina, relying on federal grand juries with
much broader authority than the state grand jury.Federal prosecutors have
handled high-profile cases in South Carolina, but their priorities could change,
shifting focus from environmental crimes, McMaster said. The state could help
out if its grand jury had broader authority, he said.Former Attorney General
Charlie Condon had to turn over a case three years ago involving Tin Products of
Lexington to federal authorities because of the state's limited ability to
prosecute. Three company officials eventually pleaded guilty in the federal case
for their roles in a chemical spill that killed hundreds of fish and
contaminated drinking water.A bill that would add enforcement of environmental
laws to the state grand jury's duties has been introduced by state Sen. Jake
Knotts, R-West Columbia.The state grand jury has investigative power in
corruption cases, drug crimes, election law violations, securities cases and a
handful of other crimes. Federal grand juries have authority over many
crimes.Knotts said businesses that are following the law should not fear greater
state authority.Environmental lawyer and Sierra Club member Bob Guild said he
welcomes stronger prosecution of pollution crimes.Business leaders say extending
state jurisdiction is not necessary."Between DHEC and the federal authorities,
there are adequate tools to be able to deal with companies that have not adhered
to environmental rules and regulations," said Hunter Howard, president of the
South Carolina Chamber of Commerce.