ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Thursday, October 3, 1996              TAG: 9610030025
SECTION: VIRGINIA                 PAGE: C-3  EDITION: METRO 
DATELINE: RICHMOND


U.S., STATE SPAR IN POLLUTION CASE

Virginia has refused a request by federal environmental regulators to drop its pollution lawsuit against Smithfield Foods Inc.

W. Michael McCabe, regional head of the U.S. Environmental Protection Agency, wanted the state to join a concerted effort against the Isle of Wight County meatpacker for fouling the Pagan River with hog wastes and nutrients.

In a Sept. 19 letter to Thomas C. Hopkins, director of the Virginia Department of Environmental Quality, McCabe accused Gov. George Allen's administration of seeking fewer and weaker penalties against polluters and blocking federal enforcement of environmental laws.

The Smithfield Foods case was cited as an example.

McCabe said the state filed its civil lawsuit against the company Aug. 30, days after learning that federal lawyers were preparing a criminal case.

``It appears to EPA that the commonwealth responded as it has in the past, i.e., as soon as DEQ was informed that EPA intended to initiate enforcement measures, a quick action was taken by the commonwealth in an attempt to block the federal process,'' McCabe wrote.

The federal government is barred from taking legal action where a state pursues a polluter.

T. March Bell, deputy director of the state agency, denied McCabe's claims.

- Associated Press


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