February 6, 2006
Open door policy | David Littell takes over as commissioner of the Department of Environmental Protection with the goal of restoring trust in the agency
By Jess Kilby
David Littell has just inherited one of the toughest jobs in the state. As the newly appointed commissioner of the Maine Department of Environmental Protection, Littell's first priority is to regain the public's trust in an agency battered by controversy. To do so, he must show that the department is operating free from the influence of special interests by ensuring his staff is conducting its business in a completely transparent manner.
Fortunately, Littell was hired for his proven ability to do just this. The former attorney, 38, was deputy commissioner of the DEP from 2003 until his appointment as acting commissioner on December 22. Outgoing commissioner Dawn Gallagher resigned that day in the midst of an investigation by the state Attorney General's office that ultimately concluded her office had violated Maine's Freedom of Access Act by holding private talks with Rumford Paper Co.
Littell says he intends to reaffirm the DEP's "long tradition of open access" by setting the right tone "from the top." "We should not be keeping any secrets except in the very narrow field of proprietary business information," he says, "which is not something we deal with on a regular basis here."
A 1992 graduate of Harvard Law School, Littell came to state government after 11 years as an attorney at Pierce Atwood in Portland. He quickly gained a reputation as a straightforward public servant who privileges science over politics in making DEP decisions.
That reputation was solidified early last December, when he yanked a wastewater discharge permit Gallagher had granted to International Paper for its Jay mill three months earlier. Citing data provided by IP in its permit application, Littell claimed the paper company was already releasing a much lower level of toxins into the Androscoggin River than the five-year permit allowed. The DEP is now conducting a "very detailed review," Littell says, to determine whether IP can come into compliance earlier than originally planned with the state's desired limits on phosphorous and organic waste discharge.
Balancing the state's environmental and economic interests in Maine's politically charged climate will be Littell's greatest challenge. The heavily polluted Androscoggin is emblematic of this struggle: While the river that inspired the 1972 passage of the federal Clean Water Act is in better shape than it was 34 years ago, years of back-and-forth with the paper companies over discharge permits have left the Androscoggin's water quality below Class C, the lowest national standard for rivers.
But Littell insists that Maine's economy need not suffer as the state pushes forward with its environmental goals. "Good environmental protection and good economic development go hand in hand," he says. "If you look at the states in the union and the nations of the developing and developed world, those fortunate enough to have strong economies also have strong environmental protections in place. Where the opposite is true, they've usually wreaked havoc on their environment."
And Littell is unflinching in the face of the political pressure that has upset this balance in the past. "Although I can guarantee that every legislator will be unhappy with some decision I'll make," he says, "at the end of my time here I'm quite confident that, taken my record as a whole, by and large it will be perceived that I've done an excellent job running the department."
"You can't keep them all happy," he adds, "and it's not our job to do so. Our job is to apply the laws that are passed."
Fortunately, Littell was hired for his proven ability to do just this. The former attorney, 38, was deputy commissioner of the DEP from 2003 until his appointment as acting commissioner on December 22. Outgoing commissioner Dawn Gallagher resigned that day in the midst of an investigation by the state Attorney General's office that ultimately concluded her office had violated Maine's Freedom of Access Act by holding private talks with Rumford Paper Co.
Littell says he intends to reaffirm the DEP's "long tradition of open access" by setting the right tone "from the top." "We should not be keeping any secrets except in the very narrow field of proprietary business information," he says, "which is not something we deal with on a regular basis here."
A 1992 graduate of Harvard Law School, Littell came to state government after 11 years as an attorney at Pierce Atwood in Portland. He quickly gained a reputation as a straightforward public servant who privileges science over politics in making DEP decisions.
That reputation was solidified early last December, when he yanked a wastewater discharge permit Gallagher had granted to International Paper for its Jay mill three months earlier. Citing data provided by IP in its permit application, Littell claimed the paper company was already releasing a much lower level of toxins into the Androscoggin River than the five-year permit allowed. The DEP is now conducting a "very detailed review," Littell says, to determine whether IP can come into compliance earlier than originally planned with the state's desired limits on phosphorous and organic waste discharge.
Balancing the state's environmental and economic interests in Maine's politically charged climate will be Littell's greatest challenge. The heavily polluted Androscoggin is emblematic of this struggle: While the river that inspired the 1972 passage of the federal Clean Water Act is in better shape than it was 34 years ago, years of back-and-forth with the paper companies over discharge permits have left the Androscoggin's water quality below Class C, the lowest national standard for rivers.
But Littell insists that Maine's economy need not suffer as the state pushes forward with its environmental goals. "Good environmental protection and good economic development go hand in hand," he says. "If you look at the states in the union and the nations of the developing and developed world, those fortunate enough to have strong economies also have strong environmental protections in place. Where the opposite is true, they've usually wreaked havoc on their environment."
And Littell is unflinching in the face of the political pressure that has upset this balance in the past. "Although I can guarantee that every legislator will be unhappy with some decision I'll make," he says, "at the end of my time here I'm quite confident that, taken my record as a whole, by and large it will be perceived that I've done an excellent job running the department."
"You can't keep them all happy," he adds, "and it's not our job to do so. Our job is to apply the laws that are passed."
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