David Carr, Environmental Crime, NY 1989

Watertown, NY – David Carr, a former range maintenance foreman at Fort Drum, has had his 1988 conviction for environmental crimes affirmed by the U.S. Court of Appeals for the Second Circuit. The case, initially brought forth in March 1988, centered around the illegal dumping of hazardous waste on the Army post’s firing range, raising concerns about potential contamination and disregard for federal environmental regulations.

Carr was originally indicted on a staggering 43 counts, including 37 violations of the Clean Water Act, four violations of the Resource Conservation and Recovery Act (RCRA), and two counts related to failing to report the release of hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The indictment alleged that Carr negligently discharged pollutants and disposed of approximately 300 five-gallon containers of waste paints and solvents – materials used in maintaining the firing range targets – directly into or near a lagoon on the post.

The subsequent federal district court trial saw a split verdict. While jurors acquitted Carr on the majority of charges – the 37 Clean Water Act counts and the four RCRA counts – they found him guilty on the two CERCLA counts. This suggested the prosecution successfully demonstrated a failure to properly report the hazardous waste release, even if they couldn’t prove the direct illegal dumping itself to the degree required for the other charges. The jury’s decision hinged on establishing that Carr knowingly failed to fulfill his obligation to notify authorities about the environmental hazard.

On December 31, 1988, Carr received a sentence of 24 months probation and a $150 fine for the CERCLA violations. This relatively light sentence sparked some debate, with environmental groups arguing it didn’t adequately reflect the severity of potentially contaminating a significant area and disregarding federal laws designed to protect public health and the environment. The appeal sought to overturn the conviction, but the Second Circuit court upheld the lower court’s decision, solidifying Carr’s guilt.

Legal Statutes Violated

Carr’s actions violated several key federal environmental statutes:

• Clean Water Act (33 U.S.C. 1311(a) and 1319(c)(1)): Specifically, negligent discharge of pollutants into waters of the United States.
• Resource Conservation and Recovery Act (42 U.S.C. 6928(d)(2)(A)): Illegal disposal of hazardous waste without a required permit.
• Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9603(a) and (b)): Failure to report a release of hazardous waste to the appropriate authorities.

Key Facts

• Defendant: David Carr
• Location: Fort Drum, Watertown, New York
• Waste Type: Approximately 300 five-gallon containers of waste paint and solvents
• Charges: Initially 43 counts, ultimately convicted of 2 CERCLA violations.
• Sentence: 24 months probation and a $150 fine.
• Appeal: U.S. Court of Appeals for the Second Circuit affirmed the conviction in July 1989.

This case serves as a reminder of the ongoing challenges in enforcing environmental regulations, even within federal institutions. While the quantity of waste dumped may seem relatively small, the potential for long-term environmental damage and the importance of adhering to reporting requirements remain paramount. The GrimyTimes will continue to follow environmental crime cases and report on the pursuit of justice for ecological violations.

Source: EPA ECHO Enforcement Case Database

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