Michael Joe Clark, Anhydrous Ammonia Theft, West Virginia 2008

Chelyan, WV – Michael Joe Clark was sentenced to over three years in federal prison for the theft of anhydrous ammonia, a key ingredient in the illicit manufacture of methamphetamine. The case, originating in March 2008, highlights the persistent link between environmental crimes and the production of illegal narcotics, according to investigators.

On February 27, 2008, Clark, along with unidentified accomplices, allegedly stole anhydrous ammonia from a location near Chelyan, West Virginia. Anhydrous ammonia is a hazardous substance commonly used as an agricultural fertilizer, but its volatile chemical properties make it a crucial component in “shake and bake” methamphetamine labs – a particularly dangerous and unstable method of drug production. The theft triggered an investigation by the Environmental Protection Agency’s (EPA) Criminal Investigation Division, in conjunction with federal and state law enforcement agencies.

The EPA’s involvement stems from the Resource Conservation and Recovery Act (RCRA), a federal law governing the management of hazardous waste. The theft of anhydrous ammonia, even with the primary intent of drug production, constitutes a violation of RCRA because it involves the unlawful handling and potential release of a regulated substance. The investigation quickly revealed that Clark’s actions not only posed a significant environmental risk – a large release of anhydrous ammonia could be catastrophic – but also directly fueled the methamphetamine trade in the region.

Clark was indicted on March 25, 2008, facing two federal charges: a violation of 21 U.S.C. 864(a)(1), pertaining to the use of chemicals to manufacture a controlled substance, and a violation of 42 U.S.C. 7413(c)(4), which addresses the unlawful disposal of hazardous waste under RCRA. Rather than contest the charges, Clark entered a guilty plea on September 19, 2008, accepting responsibility for his role in the crime.

During sentencing, Judge Irene Berger imposed a 37-month prison term, followed by a 36-month period of supervised probation. Clark was also ordered to pay $8,816 in restitution to cover the costs associated with the investigation and any environmental remediation efforts. Federal authorities emphasized that the sentence sends a clear message that those who steal hazardous materials for illegal drug production will face serious consequences.

“This case demonstrates our commitment to dismantling the entire criminal enterprise surrounding methamphetamine production,” stated a spokesperson for the EPA’s Criminal Investigation Division. “We will continue to work with our partners to target not only the drug traffickers themselves, but also those who provide the essential ingredients that enable their operations.” The investigation remains open as authorities continue to identify and prosecute Clark’s accomplices.

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Key Facts

Defendant: Michael Joe Clark
Location: Chelyan, West Virginia
Year: 2008
Crime: Theft of anhydrous ammonia for methamphetamine production
Statutes Violated: 21 U.S.C. 864(a)(1) & 42 U.S.C. 7413(c)(4)
Sentence: 37 months incarceration, 36 months probation, $8,816 restitution
Agencies Involved: EPA Criminal Investigation Division, Federal and State Law Enforcement

Source: EPA ECHO Enforcement Case Database

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