Environmental Crimes Blog

Dartmouth Toxic Metals Superfund Research Program and the Callahan Mine Superfund Site

Here is a guest post from Brian Jenkins at BrainTrack.

The Dartmouth Toxic Metals Superfund Research Program, made up of scientists and graduate students from Dartmouth college and Dartmouth Medical School, investigates the effects of heavy metals on human and environmental health. Members of the program are currently working with the Mount Desert Island Biological Laboratory to study the effects of toxic metals on plant and animal life at the Callahan Mine Superfund site situated in Brooksville, Maine. Copper concentrations at the mine site are the highest in New England, and this heavy metal has been leaching into the local cove.

The Callahan Mining Company performed extensive mining at the site during the late 1960s and early 1970s, extracting rock containing copper, lead, zinc, and traces of silver from the open pit site. Approximately five million tons of waste rock containing contaminants was also removed from the mine and placed on the site.

The study is being conducted before, during, and after EPA's remediation work at the site. Members of the Dartmouth program will also monitor the success of EPA's cleanup efforts. EPA plans to begin phase one of the cleanup this spring.

The study places an emphasis on the effects copper has on the Killifish, a small species of fish that lives in nearby Goose Cove. Charles Wray, a staff scientist at the Mount Desert Island Biological Lab, stated, "the findings could provide valuable information about the effect of toxic metals on humans." He went on to say, "We have an opportunity to understand how copper is interacting on a whole population and we'll be able to transfer that information on how copper toxicity interacts in humans."

Bruce Stanton, Ph.D, Director of Dartmouth Toxic Metals Superfund Research Program, is working on the molecular level, evaluating how the copper interacts with proteins in molecules. The team of researchers are also looking to see if high concentrations of copper at the Callahan mine site have altered the DNA of fish in the adjacent waters of Goose Cove.

If you want to learn more about this and other Dartmouth Toxic Metals Superfund Research Program initiatives, visit the Program's website.

Brian Jenkins, a BrainTrack.com staff writer, contributes feature articles about a variety of different college and career-related topics.

Manslaughter Charge Explored in Gulf Spill

According to news reports yesterday, the USDOJ is considering manslaughter charges in the Gulf spill, along with possible perjury charges.  I got to wondering how the federal government would bring manslaughter charges, which are typically state law charges, against the companies.  I posed the question to the American Bar Association’s Environmental Enforcement and Crimes Committee.  The answers I got back were that the government could bring a manslaughter charge under the Assimilative Crimes Act, 18 U.S.C. § 13 (Laws of States adopted for areas within Federal jurisdiction) or under 18 U.S.C. § 1115 Misconduct or Neglect of Ship Officers. 

In the case of the Assimilative Crimes Act, 18 U.S.C. § 13, jurisdiction may be an issue (i.e. where exactly was the Deepwater Horizon mobile off-shore drilling unit located).  A case may be easier to make under 18 U.S.C. § 1115 Misconduct or Neglect of Ship Officers.  Under that statute:   

Every captain, engineer, pilot, or other person employed on any steamboat or vessel, by whose misconduct, negligence, or inattention to his duties on such vessel the life of any person is destroyed, and every owner, charterer, inspector, or other public officer, through whose fraud, neglect, connivance, misconduct, or violation of law the life of any person is destroyed, shall be fined under this title or imprisoned not more than ten years, or both.

When the owner or charterer of any steamboat or vessel is a corporation, any executive officer of such corporation, for the time being actually charged with the control and management of the operation, equipment, or navigation of such steamboat or vessel, who has knowingly and willfully caused or allowed such fraud, neglect, connivance, misconduct, or violation of law, by which the life of any person is destroyed, shall be fined under this title or imprisoned not more than ten years, or both.

18 U.S.C. § 1115 (emphasis added).  Here the question will be was the Deepwater Horizon mobile offshore drilling unit a vessel.  The answer is that it probably is a “vessel” for purposes of the statute.  The law defines a mobile off-shore drilling unit as “a vessel capable of engaging in drilling operations for the exploration or exploitation of subsea resources."  46 USC 2101(15a).  The Coast Guard also inspects and regulates mobile off-shore drilling unit as vessels.  Further, I am told, the mobile off-shore drilling unit is staffed similarly to how a vessel is crewed. 

What may also be of interest (but maybe only to the defense team) is the source of the story, attributed to “people familiar with the inquiry” who spoke “on condition of anonymity about the ongoing investigation.”  The USDOJ formally declined to comment.  The USDOJ recently changed its staffing on this investigation so it could better coordinate the civil and criminal investigations.

A special thanks to the ABA SEER EECC listserv for the research assist!! 

More later. 

As always, feel free to contact me via e-mail at walter.james@jamespllc.com.

WDJiii

How Are Environmental Crimes Cases Different?

I am often asked what is so special or different about an environmental crimes case.  There are a number of technical differences between what I would call “regular” crimes and environmental crimes and general civil enforcement matters and environmental crimes. 

My commentary usually goes like this:  An environmental crime is similar in some respects to a civil enforcement case in that an environmental crimes case can often be very paper intensive, given the myriad of reporting requirements under the environmental laws.  It can also be very complicated in that the environmental regulations can be complicated and convoluted.  Try explaining the “mixture rule” or the “derived from” rule.  Overlay that with the typical criminal issues of lying, cheating and stealing.  Then, you have an environmental crimes case.  It is, essentially, a civil environmental enforcement matter at the end of which someone may go to jail rather than just pay a fine.  That, and often times the only difference between an environmental civil enforcement matter and an environmental criminal matter is which gets to your door first, the civil inspector or the CID agent.

It is puzzling sometimes to figure out why some matters are criminal and some are civil.  You wonder.  I wonder.

More later. 

As always, feel free to contact me via e-mail at walter.james@jamespllc.com.

WDJiii