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