Lesley Gene Peterson, Wetland Violation, Montana 2001

Helena, MT – Former Montana Department of Transportation (MDT) officials Lesley Gene Peterson and an accomplice, Arthur, were sentenced in October 2006 following a guilty plea to violating the Clean Water Act (CWA). The case, stemming from a 2001 highway reconstruction project, highlights a deliberate disregard for environmental regulations and permitted limits regarding wetland preservation.

According to court documents, during the reconstruction, crews encountered a natural spring that saturated approximately 19,200 cubic yards of existing roadbed material, rendering it unusable. Rather than adhering to environmental protocols, Peterson, then District Construction Engineer, and Arthur, the Engineering Project Manager, directed the illegal dumping of this “waste filled material” into adjacent wetland areas. This occurred between May 17th and June 12th, 2001.

The illicit dumping significantly exceeded the allowable limits stipulated in the nationwide permit issued by the U.S. Army Corps of Engineers. The permit, designed to minimize environmental impact, was effectively ignored as the MDT officials prioritized expediency over compliance. Investigators found evidence suggesting a calculated decision to bypass proper disposal methods and utilize the wetlands as an unauthorized dumping ground, effectively altering the landscape and potentially damaging the delicate ecosystem.

The pair were formally charged in May 2006 with one count each of violating the Clean Water Act, specifically 33 U.S.C. 1311(a) – pertaining to effluent limitation violations – and 33 U.S.C. 1319(c)(1)(A) – addressing negligent violations of the CWA. They subsequently pled guilty to the charges in July 2006. Notably, the investigation also revealed a violation of 18 U.S.C. 1001, relating to false statements made in connection with the project.

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Key Facts

Defendant: Lesley Gene Peterson and Arthur
Location: Montana
Year of Offense: 2001
Crime: Illegal dumping of waste material into protected wetlands.
Laws Violated: 33 U.S.C. 1311(a), 33 U.S.C. 1319(c)(1)(A), 18 U.S.C. 1001
Penalty: 12 months probation and a $25 special assessment per defendant. No fines were imposed.

The sentencing, handed down on October 26, 2006, was relatively lenient – 12 months of probation and a $25 special assessment for each defendant. The lack of substantial fines has drawn criticism from environmental advocacy groups, who argue that the penalty does not adequately reflect the severity of the ecological damage and the deliberate nature of the violation. GrimyTimes is continuing to investigate whether other individuals within MDT were aware of, or complicit in, the illegal dumping.

This case serves as a stark reminder of the importance of diligent oversight and strict adherence to environmental regulations, even within governmental agencies. The ease with which protected wetlands were exploited raises questions about the effectiveness of current enforcement mechanisms and the need for increased accountability for those entrusted with safeguarding the environment.

Source: EPA ECHO Enforcement Case Database

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