DEP Employees Liable for $6.5 Million in Damages

[DGC]

A while back we were discussing the permitting of drilling in the floodplains of Wyalusing and Muncy Creeks. Maybe the very understandable fear on the part of DEP employees of this kind of result helps explain how that happened.

http://www.philly.com/inquirer/local/20100311_Verdict_against_DEP_employees__actions_stirs_fears.html

If a DEP employee abuses his or her position I don't mind seeing them being taken to court. It just happens to be bad timing given the increasing demand to permit and monitor on the one hand, and staff cuts on the other.

 

[tomgamber]

Why didn't they just comply with the law and either pay or fight the citations rather than complaining to lawmakers. Sounds like they were trying to skirt the law in the first place.

 

[DGC]

Tom, we would need more details to answer that but in general if you have friends in important places you would tend to use them.

I can see the DEP guys getting ticked off about it and going beyond their ordinary due diligence to the point of being vindictive but that is conjecture. I think the article got revised and added some details on this aspect. But while it looks like DEP required a number of unreasonable actions from the company, there are bound to have been other avenues to pursue besides giving up and suing later.

According to the article, the DEP guys "individually violated its (the company's) constitutional right of due process and free speech." That, according to the article, is how they got around sovereign immunity protection, though that's kind of vague.

I'm hoping more details emerge.

 

[tomgamber]

So they were hoping for special treatment and cried "they're picking on me"... Hoping to get a return on the campaign donation they made to the officials they went crying to. If it were my duty to uphold the law and someone decided to skirt the system...they have just opened the door to more pressure.

If you didn't pay a speeding ticket, would you not incur more fines and interest and eventually more pressure by the courts to pay your penalty. Maybe we should sue the state police the next time they try to serve a bench warrant for some one who doesn't pay a fine because according to this ridiculous law suit they are "retaliating" against that individual.

 

[DGC]

I tend to agree but it's not clear--we don't know to what extent the company continued to violate environmental law during all this, and needing to put a stop to that, DEP may have been justified to put the screws to them, but in doing so, after the fact, look very much like violating due process rights when a jury looks at it. I presume that is the due process part. The free speech part I don't have a feel for at all.

Edit: Upside potential. If this company has figured out a way to get through to DEP via lawsuit, a community that drinks water and bathes should be able to do so as well if DEP does not enforce or permit properly. Just looking for a silver lining if the verdict holds up.

 

[scotto]

As they have been held personally liable, I believe this will make employees of DEP quick to give permits and slow to enforce. IMO, this this verdict puts our enviroment at great risk. I believe it MUST, SHOULD and will be overturned.

 

[Fishidiot]

DGC,
This is an excellent link and very thought provoking story. Thanks.
I agree that we need more info iot draw any solid conclusions. Stories like this tend to immediately get bent by viewers to comport with their own political views (which can be abundantly seen in the replies section). I'd be interested to hear JackM's take on this.

 

[scotto]

If these employees over-stepped or abused their power there should be penalties. These penalties should come from within the Department, not a jury, in the form of suspension, promotion and loss of jobs. I believe the DEP & business should actually work together to grow business while protecting the environment., an ideal that will never be realized.

 

[AlwaysWading]

Let's be honest here. This is nothing other than an example of how supposed power goes to the head of governmental employees.