Head of DEP quits after deal alleged Gallagher accused of offering to swap favors with lawmaker

The commissioner of the Maine Department of Environmental Protection resigned Thursday amid allegations that she tried to arrange a deal with a lawmaker in exchange for support on key legislation.

Dawn Gallagher has been accused of offering to drop DEP action against International Paper for several code violations if Rep. Thomas Saviello, a Wilton independent and environmental manager at IP, agreed to support legislation on cleanup of the Androscoggin River.

The allegations come just weeks after Gallagher acknowledged that the DEP was wrong to conduct closed-door negotiations with IP and Rumford Paper Co. about the companies’ obligation to address pollution in the Androscoggin.

Last month, the state Attorney General’s Office said the water pollution agreements between the DEP and the paper mills were being investigated. The probe was looking into possible violations of the state’s Freedom of Access Act, said Charles Dow, a spokesman for Attorney General Steven Rowe.

Gov. John Baldacci said in a statement announcing Gallagher’s resignation that he and the commissioner agreed that the recent situations “could have been handled differently” and that the decisions created “adverse public reaction.”

“While Commissioner Gallagher has played a prominent role in my administration the last three years, making significant improvements in how DEP assists Maine communities, I believe these recent issues make a change timely,” Baldacci said. “For that reason, I am accepting Dawn’s resignation as commissioner, and I look forward to further using her expertise in another suitable position within my administration.”

Gallagher, who previously worked in the Department of Conservation, did not return phone calls seeking comment Thursday.

Details of Gallagher’s alleged offer to Saviello emerged after a report released earlier this week that accuses Saviello and Rep. Robert Daigle, R-Arundel, of using their political clout to influence decisions within the DEP. Both men serve on the Legislature’s Natural Resources Committee, which oversees the DEP.

The report from the Natural Resources Council of Maine accused the lawmakers of pressuring DEP officials to move staff around and to consolidate two pollution control programs, which the group viewed as weakening pollution enforcement.

The report also suggested Saviello was behind the DEP’s decision to drop enforcement action against IP for several violations found in the Jay plant, where he works.

But Saviello turned the focus on Gallagher, claiming she offered to drop the issue with IP if his employer would support a bill on the Androscoggin.

“It was very specific,” Saviello said Thursday of Gallagher’s offer. “It was in a meeting on the river. She came out of the clear blue at the beginning of the meeting and said if IP agrees … to the river legislation, she would not issue a notice of violation.”

Saviello said he turned Gallagher down.

“I was sitting in my chair thinking, ‘My God, that is not what we’re here about.’ I said, ‘If you have to send a notice of violation, send it.'” Saviello recounted. The DEP never sent the notice or a letter of warning to IP.

Gallagher was quoted in the Thursday edition of the Lewiston Sun Journal as saying, “There was no deal.” During an interview with the Bangor Daily News earlier this week, Gallagher also rebutted the environmental group’s suggestion that lawmakers could pressure the DEP to weaken regulations or enforcement.

Carefully weighing her words, Gallagher said legislators employed by regulated industries must strike a difficult balance. She would not comment specifically on Saviello’s interaction with her department but said she had heard others express concern about his involvement.

“I fully respect NRCM bringing to light an important issue of the role of legislators in department operations and how legislators are sometimes required to have two hats,” Gallagher said.

Representatives of several environmental groups critical of recent DEP decisions said they hoped the agency would emerge stronger.

Naomi Schalit, executive director of Maine Rivers, said several past and present DEP employees told her morale was extremely low. Some believe the department has become too politicized during Gallagher’s tenure, resulting in an exodus of strong employees, she said.

Schalit called on Baldacci to strengthen DEP leadership.

“In her role in the Department of Conservation, I was very impressed by her,” Schalit said. “I think [going to DEP] was the wrong move for her.”

Pete Didisheim, advocacy director for the Natural Resources Council of Maine, said his organization’s report only helped bring to light problems that had been simmering at the DEP for some time. Didisheim echoed Schalit’s comments on morale and a wave of resignations.

“It’s been our view for a while now that the DEP has not been well managed and has been in a state of disarray,” Didisheim said. “As a result, we believe this change of leadership has been necessary.”

Several DEP employees did not return phone calls seeking comment about Gallagher’s resignation and morale in the department.

DEP Deputy Commissioner David Littell will serve as interim commissioner, Baldacci’s office said.

The Associated Press contributed to this report.