A coalition of eight Alabama environmental groups say this summer's bribery trial of a prominent attorney and a coal company executive showed that changes are needed at the state's environmental agency and the appointed board that oversees it.
The groups sent a letter to Gov. Kay Ivey this week, asking her to investigate the Alabama Environmental Management Commission's role in opposing efforts by the U.S. Environmental Protection Agency to clean up a Superfund site in north Birmingham, and determine whether or not changes are needed on the commission.
The groups asked that Ivey determine what role the current commissioners played in opposing the clean up and to ask for the resignations of any commissioners who may have behaved inappropriately.
"We've got to have a culture change in the state," said Cindy Lowry, executive director of the Alabama Rivers Alliance, one of the groups who signed the letter.
"This agency is sort of the poster child for this culture of influence by large corporate interests over the public interest and in this case over environmental health and public health."
The letter was signed by the Alabama Rivers Alliance, Gasp, Black Warrior Riverkeeper, Cahaba Riverkeeper, the Cahaba River Society, Tennessee Riverkeeper, the Friends of Locust Fork, and Friends of Hurricane Creek.
The AEMC is a board that oversees the Alabama Department of Environmental Management, appoints ADEM's director and votes on new environmental rules and regulations to be implemented by ADEM. Its members are appointed by the governor to six-year terms at staggered intervals, and must be confirmed by the Alabama Senate.
Three of the commissioners' terms will end in September, and another seat is still vacant after Scott Phillips resigned in 2017.
Trial brings issues to light
Earlier this summer, former Balch and Bingham attorney Joel Gilbert and Drummond Company Vice President David Roberson were each convicted of conspiracy, bribery, money laundering and honest services wire fraud for their roles in an elaborate enterprise devised to oppose fast-tracking the north Birmingham Superfund site cleanup and expanding it to the neighboring city of Tarrant.
Commission chairman Lanier Brown testified during the trial and then-commissioner Scott Phillips was revealed as a consultant who helped the defendants plan their opposition of the cleanup.
During testimony and exhibits at the trial, it was revealed that Phillips had provided advance copies of a presentation from environmental group Gasp to Gilbert, who was representing Drummond. Gilbert then sent talking points for the commissioners to use as Gasp made its presentation advocating for the cleanup.
Lowry said that's not how the AEMC is supposed to work.
"The public, or a citizens group like Gasp, has to request to speak 14 days in advance to get their voices heard by the commission," Lowry said. "And yet the corporate interests have an open door. They were talking behind the scenes and providing talking points on the public's presentations that are given in advance.
"This is the kind of culture we're talking about. The deference is always to the corporate interest and that's not an even playing field."
Gasp executive director Michael Hansen said this an opportunity for Ivey to distance herself from the corporate interests that have wielded heavy influence in the state.
"We know that Gov. Ivey has taken $35,000 in campaign contributions from Drummond Co. since the scandal broke last year," Hansen said via email. "This is an opportunity for her to prove to her constituents across the state of Alabama that she is not beholden to big money special interests and that she is an independent woman who is willing to stand up to the corrupt power brokers holding Alabama back."
Ivey's press secretary Daniel Sparkman re-issued an earlier statement from the Governor's office responding to environmental groups calling for the firing or resignation of ADEM Director Lance LeFleur.
"The governor does not appoint the Director of ADEM, although Governor Ivey does have several key upcoming appointments to the Alabama Environmental Management Commission, which selects the director," Sparkman said. "Governor Ivey will take into account all of the information and actions regarding this situation when making those appointments."
Sparkman did not address AL.com's questions as to whether the governor believes the AEMC acted appropriately in their opposition to the Superfund clean up, which is ongoing.
The AEMC is scheduled to meet this Friday in Montgomery for the first time since the verdict was reached.
"This is not a difficult request we're making," Hansen said. "All we're asking is that the governor ensure that the Environmental Management Commission is looking out for the environment, not those who would (and do) pollute it."