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- April 1991
-
-
- THE ENVIRONMENTAL PROTECTION FORUM
-
- By
-
- Michael A. O'Brien
- Assistant State's Attorney
- and
- Chief of the Economic Crimes Unit
- Office of the State Attorney, Orlando, Florida
-
-
- In recent years, environmental crime has received increased
- attention. The growing industrialization of our Nation, media
- focus on several serious environmental incidents, and a
- heightened public sensitivity to this type of offense has brought
- the environmental issue into the limelight.
-
- Coordinated efforts among law enforcement agencies, fire
- departments, and regulatory agencies have long been in place in
- some parts of the United States, particularly the Northeast and
- West Coast. Still, many jurisdictions do not have an organized
- approach to the detection, investigation, and prosecution of the
- environmental criminal.
-
- SHORTCOMINGS
-
- The lack of organization and communication among some
- agencies arose for a number of reasons. Historically,
- environmental crime was not an investigative priority. Few
- States enacted statutes that dealt adequately with environmental
- offenses, and typically, law enforcement agencies focused their
- attention on the more traditional crimes. Also, local district
- attorneys or States' attorneys offices handled so few
- environmental cases that no one individual gained sufficient
- expertise to prosecute the environmental offender. Moreover,
- judges who imposed minimal sanctions after a plea or conviction
- displayed a lack of knowledge as to the seriousness of
- environmental offenses and the costly effect of such crimes.
-
- Even regulatory agencies, while having considerable
- knowledge of environmental science and regulations, were
- unprepared. For the most part, environmental workers lacked
- basic knowledge of the investigative techniques and case
- preparation skills necessary to prosecute the environmental
- criminal successfully. And, in most jurisdictions, several
- agencies shared the responsibility for enforcing environmental
- regulations. Identifying just which Federal, State, or local
- agency had the responsibility for a particular environmental
- problem was sometimes difficult and usually frustrating.
-
- SOLUTION
-
- Environmental crime has no jurisdictional boundaries. It
- can occur anywhere, at any given time. Therefore, a broad
- spectrum of participants from law enforcement and other public
- service departments is needed for any program designed to combat
- the environmental criminal.
-
- To combat the environmental criminal, the Office of the
- State Attorney for the Ninth Judicial Circuit in the State of
- Florida organized the Central Florida Environmental Protection
- Forum. Previous efforts against environmental violators
- involving the office had been fragmented, and cooperative
- efforts between law enforcement and regulatory agencies were
- infrequent. By establishing the forum, organizers hoped to
- identify problems encountered in detecting, investigating, and
- prosecuting the environmental offender. They also wanted the
- forum to serve as a means for participants to gain an
- understanding of the different perspectives and capabilities of
- the agencies involved in the fight against environmental crime.
-
- Organizers of the forum gathered representatives from
- police agencies, fire departments, and environmental regulatory
- agencies at both the State and local levels. Also invited to
- join in the effort were local building inspectors, public health
- personnel, and sewer authorities. However, when organizing
- environmental forums, coordinators should not overlook agencies
- unique to a particular area, such as game and fish commissions,
- water management districts (a special taxing district in
- Florida), and coastal and marine patrols.
-
- FORUM'S PURPOSE
-
- The forum serves primarily as an information exchange. It
- is designed to instruct participants about the responsibilities
- and operations of the agencies involved in investigating and
- prosecuting all aspects of environmental crime, primarily
- through training sessions.
-
- Perhaps the greatest problem in training members of an
- environmental forum is the diverse nature of their skills and
- experience. Training must cover all aspects of environmental
- crime, yet remain interesting to all.
-
- TRAINING
-
- The Central Florida Environmental Protection Forum offers
- classes on State and Federal statutory law, chain of custody,
- and environmental evidence handling procedures. It also
- addresses the placarding and manifesting of hazardous waste, the
- requirements for investigating an environmental case, dealing
- with the criminal justice system, participating in a mock trial,
- and the proper response when contaminated by a hazardous
- substance.
-
- A thorough knowledge of State and Federal environmental
- laws is critical when dealing with environmental crime. Crimes
- of this nature are complex, technical, and differ in significant
- ways from other types of crime. Environmental statutes, as well
- as amendments, relevant definitions, defenses, and exceptions,
- may be spread over several volumes. And while normally no
- individual obtains permission to commit an offense, it is quite
- possible that a suspected environmental violator may claim an
- exception under a particular statute in order to be issued a
- permit from an environmental regulatory agency. For example, a
- local township may be pumping raw sewage into a nearby lake, but
- if a permit to do so has been issued by a regulatory agency,
- criminal prosecution probably will not be initiated.
-
- The training also incorporates a practical exercise staged
- in a simulated environmental crime scene. During this phase of
- instruction, firefighters learn that there is more to an
- environmental incident than their primary concern of containment
- and control. Police officers and regulatory workers learn how a
- fire department responds to a hazardous waste spill. In
- addition, information presented during this exercise that is so
- basic to one organization offers new insight to participants
- from other agencies. For example, firefighters can identify the
- senior fire officer on the scene by the color of helmet worn, a
- fact not readily known to police officers and regulatory
- workers.
-
- This practical training exercise exposes participants to
- the complexities of incident control. The shift of command can
- pose problems as control at the scene is passed from the fire
- department and its containment activities to the police
- department for investigation, and finally to the regulatory
- agency for clean up. In addition, the practical exercise
- affords the best means available for participants to learn about
- unique environmental problems, such as a contaminated corpse or
- corrosive evidence.
-
- Instructors for the training sessions are drawn from
- participating agencies. For instance, prosecutors teach law,
- police officers explain the proper way to investigate
- environmental crime, and regulatory workers provide information
- on environmental sciences. But, if other agencies can provide
- useful information, they should not be overlooked. Even if they
- cannot participate directly, they may be able to provide
- instructional materials. Outside instructors, as a norm,
- increase interest in the forum and generate higher attendance.
-
- BENEFITS
-
- Establishing an environmental forum produces immediate
- benefits. Perhaps the most important benefit of environmental
- training is that it gets the various agencies to work together.
- No longer are agencies faceless entities, but people trying to
- do their jobs professionally. Indeed, the forum allows those
- who work environmental crimes to meet their counterparts in
- other agencies, which facilitates cooperation. For example,
- regulatory workers now know who in law enforcement has knowledge
- of and experience in working environmental crimes. Or, police
- officers may meet more readily with prosecutors they know to
- determine if an environmental violation has occurred and whether
- a particular incident is criminal or civil in nature.
-
- Police officers may learn that the best place to send
- environmental crime evidence is not to a crime laboratory, but
- to a regulatory agency's laboratory. Questions regarding who is
- responsible for reviewing a particular environmental activity or
- which agency responds to an environmental incident no longer
- remain unanswered.
-
- MAINTAINING MOMENTUM
-
- The extent of participation by the various agencies varies
- considerably. Some agencies participate enthusiastically in
- forum activities, while others rarely appear for the sessions or
- drop out altogether. This is why it is important to continue to
- generate interest in the program. Agencies from other
- jurisdictions should be encouraged to join in the effort.
- Topics for instruction should be reviewed and updated, and new
- developments in environmental issues should be incorporated into
- the training.
-
- It is important that training be balanced so that one
- particular topic does not dominate the sessions. The training
- should be sensitive to the member agencies, particularly in
- their desire to cooperate but to maintain separate identities.
- For example, fire departments and regulatory agencies do not
- want their personnel "turned into cops." This practice will
- also preclude possible claims by future defendants that forum
- members, by virtue of their participation, have become agents
- for the State's attorney or a police department.
-
- CONCLUSION
-
- Detecting, investigating, and prosecuting the environmental
- criminal poses a complex and often difficult task to each agency
- that deals with environmental violations. However, the
- successful prosecution of the environmental offender is possible
- when there is cooperation among police, fire, and regulatory
- agencies. Such cooperation will not occur spontaneously, but
- must be fostered through the exchange of information and
- knowledge. Only then will advances be made to combat
- environmental crime.