Environmental Law

USEPA Cover-Up?

By Walter James

The Associated Press is reporting this morning that congressional investigators are looking into the accounting practices at the USEPA which have helped mask how much the Bush administration has slashed penalties against polluters.  The Government Accountability Office (?GAO?) report which is to be released today (Tuesday, October 21, 2008) finds that the USEPA has overstated its enforcement of environmental violations by including fines that may never be paid when it tallies penalties.  In its defense, the USEPA officials say that is the way the USEPA has always reported fines, including before President Bush took office.

Enforcement fines levied by the USEPA decreased from $240,600,000.00 in 1998 to $137,700,000.00 in 2007.  This comes as no surprise to those practicing in the environmental enforcement arena.  The USEPA is currently undermanned in the number of criminal investigators mandated by statute.  The AP also reports that Michigan Congressman John Dingell, who requested the GAO investigation, accuses the USEPA of trying to cover up its enforcement record. 

From my perspective, there is no cover up of the enforcement record; rather, there has been a decided and conscious lack of emphasis on environmental enforcement, both civil and criminal.  As evidence, just look at the number of criminal investigation agents in the CID (as compared to the statutorily mandated levels).  This, coupled with a heighted awareness of environmental issues in the private sector, can also factor into the decrease.

Is the GAO report accurate?  If you just stick with the numbers, yes.  The important aspect, though, is what conclusion should be drawn from the numbers.

More later.

As always, feel free to contact me by e-mail with any questions at walter.james@jamespllc.com.

WDJiii

Full post as published by Environmental Crimes Blog on October 21, 2008 (boomark / email).