PROTECTING THE DEP

David Littell, who was unanimously confirmed by the state Senate last month to head the Maine Department of Environmental Protection, is taking over the agency at a difficult time. The department has been plagued by charges that it worked too closely with paper companies and a state legislator, resulting in the departure of Dawn Gallagher, who ran the DEP for nearly three years. Given his quick decision to cancel water quality permits that were crafted with paper companies behind closed doors, he appears up to the task.

Mr. Littell’s rise – he was deputy commissioner – coincides with growing criticism of Rep. Tom Saviello, a member of the Legislature’s Natural Resources Committee, which oversees the DEP. The independent lawmaker is the environmental manager for the International Paper Co. mill in Jay. His dual role has prompted complaints from environmental groups that he interfered with the writing of DEP rules and their enforcement. Notes from DEP meetings show he even had suggestions on how individual DEP staff members should be reassigned.

Because of the controversy, Rep. Saviello asked the state’s Ethics Commission to look into the charges. Environmental groups may do the same. In the meantime, Rep. Saviello has temporarily given up his seat on the Natural Resources Committee.

Documents obtained by the Natural Resources Council of Maine and the Conservation Law Foundation show that former Commissioner Gallagher believed Rep. Saviello was trying to influence the DEP. The documents portray Rep. Saviello as an active promoter and defender of his company’s interests. Although those who participated have different memories of the events, it also appears that former DEP Commissioner Gallagher negotiated with Rep. Saviello to win his support for water quality standards on the Androscoggin River by dropping an enforcement action against IP.

There is a fine line between being pushy and violating the state’s conflict of interest and abuse of power rules. The Ethics Commission will determine whether Rep. Saviello crossed that line.

The DEP was also wrong to work privately with IP and another paper company, Rumford Paper, to write water quality agreements. The department also let Rumford Paper draft the agreement and keep all notes and documents throughout the process, a violation of the state’s Freedom of Access Act, according to the Attorney General’s Office.

As soon as he was named acting commissioner, Mr. Littell stopped this process and took back IP’s permit, promising to start over in a public forum.

The DEP will always be pressured by companies that believe it is too harsh and by environmental groups that believe it is too lenient. It is up to the Ethics Commission to determine if Rep. Saviello unduly influenced the department’s rules and their enforcement to the benefit of his company, or even himself in his role there. In the meantime, the DEP must evenhandedly enforce its rules and craft new ones based on scientific evidence, not outside pressure.