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- LAW, Page 54Battling Crimes Against Nature
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- The Exxon indictment spotlights a rapidly growing legal field
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- When the Exxon Valdez fouled Alaska's waters a year ago,
- Americans reacted with shock and indignation. Last week it was
- Exxon's turn to be shocked. U.S. Attorney General Dick
- Thornburgh announced that the company had been indicted on five
- criminal counts stemming from the March 1989 oil spill. That
- action, which reportedly followed the breakdown of a plea
- bargain that Alaskan officials opposed as too lenient, could
- cost Exxon $700 million in fines if the company is convicted.
- Said Thornburgh: "We intend to see that the laws are fully and
- strictly enforced."
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- Thornburgh's tough words seemed to signal that the Bush
- Administration, stung by charges of foot dragging on the
- environment, was moving to crack down on major polluters like
- Exxon. The company pronounced itself "disappointed" at the
- indictments and vowed to fight them in court. The prosecution
- may yet result in a settlement. But no matter what happens, the
- case will further complicate a gargantuan legal wrangle that
- already involves more than 150 civil complaints as well as the
- separate prosecution of tanker captain Joseph Hazelwood by the
- state of Alaska.
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- The Exxon indictment is only the latest example of a
- growing legal trend. In the past two decades, rising concerns
- over conservation, pollution and industrial accidents have
- crystallized into a large body of environmental regulations.
- "Congress and the states have created thousands of new laws
- governing the environment," says Washington lawyer Ridgway Hall,
- "and in each of the past four years the Justice Department has
- brought increasing numbers of environmental actions." As a
- result, the 20,000 attorneys who specialize in environmental law
- have become some of the most sought after professionals in the
- U.S. "Business is unbelievable," says Chicago lawyer Richard
- Kissel. "It's the largest explosion of legal work that I've
- seen."
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- One of the splashiest growth areas has been criminal
- environmental law. The Justice Department now has 20 full-time
- lawyers working on such prosecutions, backed up by U.S.
- attorneys and FBI agents across the nation, plus 50 criminal
- investigators at the Environmental Protection Agency. In seven
- years, the Justice Department's special environmental unit has
- obtained more than 400 settlements or convictions against
- individuals and corporations, yielding fines of $26 million and
- prison sentences totaling 270 years. Among the defendants:
- Ashland Oil, fined $2.25 million last year for the collapse of a
- storage tank near Pittsburgh that discharged more than 700,000
- gal. of diesel fuel into the Monongahela and Ohio rivers;
- Texaco, fined $750,000 in 1988 for failing to conduct important
- safety tests on a California off-shore drilling rig; and Ocean
- Spray Cranberries, fined $400,000 in 1988 for discharging acidic
- waste water from its processing plant in Middleboro, Mass.
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- Although the upsurge of prosecutions has naturally created a
- demand for top environmental defense attorneys, the biggest draw
- of all is corporate work. Gone are the days when environmental
- law was the lone province of conservationist lobby groups and
- government agencies. Today's environmental lawyer is more likely
- to wear a pinstripe suit and dispense advice across the company
- conference table. "The reason is simple," says Howard Learner
- of Business and Professional People for the Public Interest. "If
- you're in a real estate transaction, you want to know what's
- buried beneath the land and what's in the water supply."
- Preventive action, in short, has become the main focus of this
- growing branch of legal practice.
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- More than any other single factor, it is the federal
- Superfund act that gave environmental law its impetus. "Some
- have suggested that the statute was the public works act of the
- 1980s for lawyers," says Tulane University law professor Robert
- Kuehn. The complex legislation, which created a trust fund in
- the billions to treat hazardous waste sites, mandates that
- polluters should be held responsible for the costs of cleaning
- up. What keeps Superfund lawyers busy is the effort to determine
- exactly who should be found liable. For example, should it be
- the firm that discharged the waste, the current property owner,
- the banks that hold the mortgage or the insurers?
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- Proceedings under traditional statutes like the Clean Water
- Act also keep lawyers occupied. So does the heavy lobbying
- surrounding new legislation. Last week Senate leaders announced a
- delicate compromise on a new Clean Air Act to regulate car and
- factory emissions, but the measure will face tough going on the
- floor.
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- Legal business also flows from the environmental impact
- statements that are now necessary for virtually any major
- construction. Meanwhile, good old-fashioned conservationist
- causes, like saving trees and endangered animals, continue to
- spark hot legal disputes. Says Michael Anderson, an attorney for
- the Wilderness Society: "There has never been a time when legal
- action has been used more effectively than now." That may be
- good news for those seeking to put the law on the side of the
- environment. But it is even better news for those lawyers who
- are making big bucks from the booming trade.
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- -- By Alain L. Sanders. Reported by Jerome Cramer/Washington,
- with other bureaus.
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- GETTING TOUGH WITH POLLUTERS
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- ASHLAND OIL: One violation under the Clean Water Act; one
- violation under the Rivers and Harbors Act. Fine: $2.25 million.
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- TEXACO: Two violations under the Outer Continental Shelf
- Lands Act. Fine: $750,000.
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- OCEAN SPRAY CRANBERRIES: 21 violations under the Clean
- Water Act. Fine: $400,000.
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- EXXON: Accused of one violation under each of the
- following: the Clean Water Act, the Refuse Act, the Migratory
- Bird Treaty Act, the Ports and Waterways Act, the Dangerous
- Cargo Act. Potential fine: $700 million.
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