HELENA, MT – Former Montana Department of Transportation (MDT) employees Lesley Gene Peterson and an accomplice, identified as Arthur, have been sentenced for illegally dumping fill material into protected wetlands during a 2001 highway reconstruction project. The case, brought by the Environmental Protection Agency (EPA) and culminating in a guilty plea in 2006, highlights a concerning disregard for environmental regulations and permitted limits.
According to court documents, Peterson, then District Construction Engineer, and Arthur, the Engineering Project Manager, directed the unauthorized placement of approximately 19,200 cubic yards of waste fill material into wetland areas adjacent to the highway construction site. This occurred between May 17th and June 12th, 2001, after the discovery of a natural spring saturated the existing roadbed. Rather than adhering to established environmental protocols, the pair opted for a quicker, but illegal, solution.
The illegal dumping exceeded the limitations set forth by a nationwide permit issued by the U.S. Army Corps of Engineers, which governs activities impacting wetlands. Investigators determined that Peterson and Arthur knowingly circumvented these regulations, prioritizing project expediency over environmental compliance. The EPA’s criminal enforcement action sought to hold the individuals accountable for the negligent violation of federal law.
On May 2, 2006, both defendants were formally charged with one count each of violating the Clean Water Act (CWA). Specifically, they were accused of violating 33 U.S.C. 1311(a), pertaining to effluent limitation violations, and 33 U.S.C. 1319(c)(1)(A), covering negligent violations of the CWA. Additionally, they were charged with making false statements under 18 U.S.C. 1001, suggesting attempts to conceal the extent of the illegal dumping.
Sentencing and Penalties
On July 13, 2006, Peterson and Arthur both entered guilty pleas to the charges. On October 26, 2006, the court handed down sentences of 12 months probation for each defendant, along with a $25 special assessment. Notably, no fines were imposed. Critics suggest the penalties are lenient given the volume of material illegally dumped and the potential environmental damage caused to the wetlands. The case underscores the ongoing challenges faced by federal agencies in securing meaningful penalties for environmental crimes.
Key Facts
- Defendant: Lesley Gene Peterson & Arthur
- State: Montana
- Year: 2007 (Case resolved in 2007 following 2006 sentencing)
- Crime: Clean Water Act Violation – illegal dumping of fill material into wetlands.
- Statutes Violated: 18 U.S.C. 1001, 33 U.S.C. 1311(a), 33 U.S.C. 1319(c)(1)(A)
- Volume of Material Dumped: Approximately 19,200 cubic yards
- Penalty: 12 months probation and $25 special assessment per defendant.
The GrimyTimes will continue to follow developments in environmental crime cases and report on the effectiveness of enforcement efforts.
Source: EPA ECHO Enforcement Case Database
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