AUGUSTA – Dawn Gallagher told a legislative committee that she prefers education over enforcement before winning the panel’s 12-0 vote of support Thursday to become commissioner of Maine’s Department of Environmental Protection.

“I view law enforcement as a tool of last resort,” the Hallowell resident, who would move to the DEP from a top Conservation Department post, told the Natural Resources Committee before its vote. In a lighter moment, Gallagher responded to a panelist’s query about her own environmental habits by saying she drives a four-cylinder, 1995 Chevy Cavalier that gets 40 miles per gallon.

With Thursday’s strong committee support, Gallagher is poised to win final Senate confirmation for the DEP post.

Earlier in the day, the Senate unanimously confirmed the appointment of George Lapointe for commissioner of the Department of Marine Resources. Lapointe was first named to head the department by former Gov. Angus King. Gallagher is also a King administration veteran, serving as a deputy commissioner and legal adviser for the state Conservation Department.

Some of her former Conservation Department associates described Gallagher as a well-qualified, hardworking and fair-minded.

“She does not view industry as bad,” said Ronald Lovaglio, who served as commissioner under King. Also speaking in favor of Gallagher’s nomination were representatives of the Maine Audubon Society, the Natural Resources Council of Maine and the Allagash Wilderness Waterway Advisory Council.

Gallagher said she was involved in the contentious debate over public access to the protected northern Maine Allagash region, an experience she said helped to prepare her to become top enforcer of laws to protect Maine land, water and air from pollution.

Among her top concerns now, she said, is administering the DEP without a funding increase, as Baldacci’s budget recommends for all state agencies. Gallagher also said she wants to put more emphasis on education and individual responsibility in protecting the environment.

She noted that Maine’s recycling rate has slipped to 42 percent from 50 percent a few years ago. Gallagher also cited figures showing that Mainers are driving more – while driving vehicles that are less fuel-efficient.

The only one to speak against her nomination was Jon Reisman, a former King administration aide who teaches environmental policy at the University of Maine at Machias.

Reisman, who was soundly defeated by Baldacci in the 1998 election for Maine’s 2nd District U.S. House seat, said Gallagher’s record reveals a partisan environmental stand that’s unduly critical of the Bush administration.

“She is more interested in reducing the stature of President Bush than in actually reducing emissions, more committed to protecting partisan propaganda points than actually protecting the environment,” said Reisman.