Attorney General Henry McMaster's plan to seek state grand jury authority to investigate environmental crime has the endorsement of the state Department of Health and Environmental Control and one of the state's top environmental lawyers. Presumably, only polluters would object.
Mr. McMaster will ask the Legislature to grant the grand jury authority over crimes that largely have been handled by the U.S. attorney in the past. The attorney general worries that the Justice Department's focus on terrorism and homeland security will leave the state without necessary protections in investigating and prosecuting environmental crime.
A DHEC spokesman notes that the agency can and does perform investigations but lacks the grand jury's authority to compel testimony and subpoena documents.
Trey Walker, spokesman for the attorney general, said that environmental offenses are "very complicated white-collar crimes" that can be difficult to prosecute absent an eyewitness. Expanding the authority of the state grand jury will greatly bolster enforcement, particularly in view of the comparative lack of authority by local grand juries, he said.
Bob Guild, one of the state's leading environmental lawyers, said, in remarks quoted by The Associated Press, that giving authority to the state grand jury should actually deter polluters.
Two of Mr. McMaster's predecessors, Charles M. Condon and Travis Medlock, sought to include environmental crimes within the grand jury's authority, but were unable to gain legislative approval. The public expense of environmental crime, in terms of long-term damage, cleanup costs and remediation, argues for legislative support. So does the potential for multi-jurisdictional violations involving waterways.
As the Legislature considers expanding the powers of the state grand jury, it should move to increase the penalties for environmental crimes under state law so that they are comparable to federal penalties for similar violations.
Since its creation in 1988, the state grand jury has proven its effectiveness in cases involving public corruption, criminal conspiracy and securities fraud. It should be given the authority to deal with environmental crimes, recognizing that polluters diminish important public resources and threaten the public's welfare.
Click here to return to story:
http://www.charleston.net/stories/122303/edi_23edit1.shtml