Environmental Law

More CWA Enforcement Promised?

By Walter James

On October 15, 2009, Lisa P. Jackson, the USEPA Administrator, announced that the USEPA is stepping up its enforcement efforts under the CWA.  Dubbed the ?Clean Water Action Enforcement Plan,? the USEPA claims it is revamping its compliance and enforcement program to improve the protection of the country?s water quality, raise the bar in federal and state performance and enhance public transparency.  The announcement was made during an appearance at a House Transportation and Infrastructure Committee hearing.

The plan outlined by Ms. Jackson supposedly strengthens the way the USEPA addresses ?the water pollution challenges of this century? which include pollution caused by such numerous and dispersed sources as ?concentrated animal feeding operations, sewer overflows, contaminated water that flows from industrial facilities, construction sites, and runoff from urban streets.?

Specific elements of the plan include: 

Development of more comprehensive approaches to ensure enforcement is targeted to the most serious violations and the most significant sources of pollution.

Working with the state agencies to ensure greater consistency with respect to compliance and water quality.

Working with the states agencies to ensure that states are issuing protective permits and taking enforcement to achieve compliance and remove economic incentives to violate the law.

The use of cutting edge information technology to collect, analyze and use information in new, more efficient ways. 

This announcement follows up on Ms. Jackson directive of July 2008 to the USEPA?s OECA to come up with a plan to respond to data demonstrating that the nation?s water quality was unacceptably low in many parts of the country.

More later.

As always, feel free to contact me via e-mail at walter.james@jamespllc.com.

Full post as published by Environmental Crimes Blog on October 16, 2009 (boomark / email).