Chamber draws fire
over bill Business leaders say law
targeting environmental crimes could hurt
development By SAMMY
FRETWELL Staff
Writer
S.C. Attorney General Henry McMaster and state Sen. Jake Knotts
blasted South Carolina’s most powerful business association Tuesday
for opposing a bill to more easily prosecute environmental
criminals.
With chances dwindling that the Legislature will act this year,
McMaster and Knotts took aim at the state Chamber of Commerce. The
two Republicans said the bill would bring to justice companies that
intentionally pollute the environment.
Chamber officials said the bill could chill economic development
and subject honest companies to overzealous prosecution.
The bill would give the state grand jury authority over
environmental crimes, which often are complex and difficult to
prove. It would allow the grand jury to subpoena records or
witnesses in the case of environmental crimes, an authority it does
not have now.
That leaves most environmental prosecutions to the U.S.
Attorney’s office, which doesn’t investigate every case. The S.C.
Department of Health and Environmental Control now has a case it
can’t prosecute because the state Grand Jury doesn’t have authority,
McMaster said.
Knotts, a conservative from Lexington who said he’s no “tree
hugger,” has been pushing the bill since a 2000 pollution spill
killed fish, shut down a water plant and tainted a creek system in
Lexington County. The company that polluted the water eventually was
prosecuted by the federal government, but McMaster and Knotts said
the prosecution could have been faster if the state had
jurisdiction.
At a hearing Tuesday, Knotts and McMaster urged a Senate
subcommittee to approve the bill before the legislative session ends
in two weeks. But the subcommittee did not vote, which McMaster said
is a blow to the bill’s chances. The bill has passed the House.
“The only people who oppose this are ... people who want to
protect the criminal element that would come into this state,”
McMaster said.
To make his point, Knotts last week formally opposed about a
dozen chamber-backed bills. He said he will remove his objections if
the chamber meets with McMaster on a compromise.
Chamber officials said they believe a bill acceptable to everyone
can be worked out during the 2005 legislative session.
“There needs to be a system, where it provides proper controls on
prosecutors,” chamber president Hunter Howard said.
Reach Fretwell at (803) 771-8537 or sfretwell@thestate.com. |