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Bruce Benjamin Levy, Air Permit Fraud, Alaska 2012

Deadhorse, AK – Bruce Benjamin Levy, former President of TDX Power Inc., a subsidiary of the Tanadgusix Corporation, was convicted of environmental crimes in 2012 after illegally constructing a gas turbine facility in Deadhorse, Alaska, without securing necessary air permits. The case, a joint effort between the Environmental Protection Agency (EPA) and the Alaska Department of Environmental Conservation (DEC) – Environmental Crimes Unit, highlights a concerning pattern of disregard for environmental regulations in the remote oil and gas hub of the North Slope.

According to court documents, Levy knowingly proceeded with the construction of the stationary source – the gas turbine – at the TDX Power facility, circumventing the required permitting process from both state and federal agencies. This deliberate omission aimed to avoid scrutiny and potentially reduce operational costs, investigators allege. The Tanadgusix Corporation, the Alaska Native village corporation of St. Paul Island, established under the Alaska Native Claims Settlement Act of 1971, ultimately bore the responsibility for the subsidiary’s actions.

The investigation began following the receipt of credible information regarding the unpermitted construction. Environmental regulations require permits to ensure facilities operate within acceptable emission limits, protecting air quality and public health. By bypassing this process, TDX Power potentially exposed the surrounding environment and nearby communities to harmful pollutants. The remote location of Deadhorse, while presenting logistical challenges for monitoring, does not exempt companies from adhering to federal and state environmental laws.

On November 15, 2011, Levy was formally charged with two counts: failing to obtain permits, a violation of Alaska Statutes (AS) 46.14.120, 46.14.130 and 46.03.790, and unsworn falsification, a violation of AS 11.56.210. The unsworn falsification charge suggests potential misrepresentation of facts to regulatory bodies during the investigation. The DEC’s Environmental Crimes Unit played a crucial role in gathering evidence and building the case against Levy.

After several months, on April 4, 2012, Levy entered a guilty plea to both charges. The court sentenced him to a 12-month probationary period and ordered him to pay a $4,000 fine to the State of Alaska. While the financial penalty and probationary sentence represent a degree of accountability, critics argue that the punishment is lenient given the potential environmental impact of the unpermitted facility and the intentional nature of the violations.

This case serves as a reminder that even in remote locations like Deadhorse, environmental regulations are paramount. The EPA and DEC continue to work collaboratively to ensure compliance and hold individuals and corporations accountable for actions that threaten Alaska’s fragile environment. The long-term consequences of unpermitted emissions remain a concern, and ongoing monitoring may be necessary to assess any lasting damage.

Key Facts

  • Defendant: Bruce Benjamin Levy
  • Company: TDX Power Inc. (subsidiary of Tanadgusix Corporation)
  • Location: Deadhorse, Alaska
  • Year: 2012
  • Statutes Violated: AS 46.14.120, 46.14.130, 46.03.790, AS 11.56.210
  • Penalties: 12 months probation, $4,000 fine
  • Crime: Failure to obtain air permits for a gas turbine facility and unsworn falsification.

Source: EPA ECHO Enforcement Case Database

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