VICKSBURG, MS – John Cooke, an executive and part owner of M&S Petroleum Inc., was sentenced to 29 months in prison in October 1999 for a litany of environmental crimes committed at the Barrett Refinery south of Vicksburg, Mississippi. The case, brought by the Environmental Protection Agency (EPA), revealed a deliberate pattern of pollution, falsified reports, and abandonment of hazardous waste, endangering both the environment and public health.
Cooke and his co-conspirators operated the Barrett Refinery with blatant disregard for federal environmental regulations between April 1995 and May 1996. The EPA’s investigation uncovered unpermitted discharges of pollutants – including the acutely toxic carcinogen benzene – into the Mississippi River and Hatcher Bayou. Crucially, Cooke intentionally avoided conducting mandatory environmental testing at the refinery, and submitted false statements to the Mississippi Department of Environmental Quality to conceal the extent of the contamination. The scheme resulted in the illegal release of harmful substances into the air and waterways.
A Toxic Legacy
The scope of the environmental damage was considerable. Investigators discovered that over one million gallons of hazardous waste were abandoned at the refinery site, posing a long-term threat to the surrounding ecosystem. The illegal discharge of benzene and other pollutants directly impacted the Mississippi River and Hatcher Bayou, potentially affecting aquatic life and the drinking water supply for downstream communities. The motivation behind the criminal activity appeared to be cost-cutting measures, prioritizing profit over environmental responsibility.
Legal Violations and Penalties
A jury found Cooke guilty of one count of conspiracy, four counts of violating the Resource Conservation and Recovery Act (RCRA), two counts of violating the Clean Air Act, and three counts of making false statements. Specifically, Cooke violated 33 U.S.C. 1319(c)(2)(A) (Clean Water Act), 42 U.S.C. 7413(c)(2)(B) & 42 U.S.C. 7412(f)(4) (Clean Air Act), 18 U.S.C. 1001 (false statements), 42 U.S.C. 7412(c)(1) (RCRA), 42 U.S.C. 6928(d)(2)(A) (RCRA), and 18 U.S.C. 371 (conspiracy).
In addition to Cooke’s 29-month prison sentence and three years of supervised release, along with a $6,000 fine, the court imposed penalties on other parties involved. Barrett Refining was ordered to pay a $25,000 fine and serve 36 months probation. Part owner Donald Mullins received three years of supervised probation and 150 hours of community service. M&S Petroleum itself was fined $25,000 and placed on five years probation. The combined penalties underscore the severity of the environmental violations and the commitment of federal authorities to prosecute such offenses.
Key Facts
- Defendant: John Cooke, executive and part owner of M&S Petroleum Inc.
- Location: Barrett Refinery, Vicksburg, Mississippi
- Timeframe of Crimes: April 1995 – May 1996
- Pollutants Discharged: Benzene, and other hazardous substances into the Mississippi River and Hatcher Bayou
- Hazardous Waste Abandoned: Over one million gallons
- Sentence: Cooke received 29 months in prison, $6,000 fine, and 3 years supervised release.
- Company Penalties: Barrett Refining and M&S Petroleum each fined $25,000 and placed on probation.
This case serves as a stark reminder of the potential consequences of prioritizing profit over environmental compliance. The EPA continues to prioritize the investigation and prosecution of individuals and companies who knowingly endanger public health and the environment through illegal pollution practices.
Source: EPA ECHO Enforcement Case Database
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