U.S. attorney defends environmental prosecutions

Tuesday, Feb. 15, 2000 | 11:18 a.m.

U.S. Attorney Kathryn Landreth, responding to criticism that her office does not make an effort to prosecute U.S. Forest Service cases, said environmental crimes are a continuing priority for her office.

"There has not been any lack of cooperation with the Forest Service," Landreth said. "All federal land management cases that are provable are vigorously pursued.

"In 1999 alone, our office brought nearly 700 criminal prosecutions. You do not get to that number by declining meritorious cases."

The group, Public Employees for Environmental Responsibility, or PEER, said the U.S. Attorney in Nevada is one of the least responsive such offices in the country when working Forest Service cases.

Former Humboldt-Toiyabe National Forest Supervisor Gloria Flora cited lack of cooperation from the U.S. attorney as part of her reason for resigning last fall.

Eric Wingerter, the national field director for PEER, said his group based its analysis of the U.S. attorney's performance on Forest Service cases on figures compiled by Syracuse University's Transactional Records Access Clearinghouse.

"These figures support Gloria Flora's frustration," Wingerter said. "The record of the U.S. attorney in Nevada suggests that environmental crimes go unpunished."

According to the analysis, Nevada's U.S. attorney ranks in the bottom quarter in terms of willingness to prosecute criminal complaints lodged by the Forest Service.

Landreth says that all Forest Service cases brought to her office are given lengthy reviews and are treated in a fashion that reflects careful examination of all of the facts of each particular case.

"Declinations in Forest Service cases have been based on insufficient evidence to prosecute, after a review of the evidence by the assistant United States attorney assigned to the case, a deputy chief, the criminal chief and/or a first assistant," Landreth said. "Following these three levels of review the reasons for a declination are communicated to the Forest Service."

Landreth added that while her office has worked diligently with the Forest Service, inadequate law enforcement procedures within the Forest Service have hampered the quality of the investigations.

For example, Landreth said, in one case a citation was issued by a Forest Service ranger to a citizen who also had 84 tons of clay seized by the ranger. The Forest Service ranger was on unpaid administrative leave at the time of the incident, meaning he lacked the legal authority to give the citation or seize the property.