State senators who have complained about Gov. Mark Sanford using his bully pulpit to complain about their inaction may have another constitutional officer to contend with. Attorney General Henry McMaster is taking a Senate subcommittee to task for failing to approve a bill last week that would give the state grand jury the authority to investigate and prosecute environmental crimes.
Mr. McMaster states his case simply: "Currently, state prosecutors are virtually helpless to investigate and prosecute major environmental crimes using standard police techniques. By utilizing the state grand jury, prosecutors will be able to compel testimony and subpoena records, documents and evidence to investigate these complex white-collar crimes."
He noted that the grand jury has the power to compel testimony and to investigate crimes involving several jurisdictions. He has cited the difficulty that law enforcement has in investigating environmental crimes that include several jurisdictions, as they frequently do. Currently, environmental crimes often must be turned over to the U.S. attorney's office, which has to concentrate its resources on many other matters, including homeland security. Grand jury authority over environmental crimes has been supported by the last three attorneys general, one Democrat and two Republicans.
Mr. McMaster's arguments are persuasive, and the bill passed in the House of Representatives with strong bipartisan support.
Sen. Jakie Knotts, the main supporter in that body, is a former sheriff who cites the state's inability to pursue a pollution spill in his home county of Lexington as a reason for the expanded grand jury authority. The spill caused a fish kill, polluted a stream and shut down a water plant.
The state Chamber of Commerce asserts that the bill will chill economic development in South Carolina. Certainly, it could deter potential polluters from seeing South Carolina as willing to trade off environmental quality as a business incentive. South Carolina has had enough experience with industries that are willing to pollute the state's natural resources, then pack up and leave.
The Legislature should be willing to let business prospects know that South Carolina expects good corporate citizenship. That message should bolster the climate for economic development, at least for industries that care about the quality of life where they locate.
The Senate should move quickly to adopt the bill before the session ends.
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