Thursday, February 16, 2012

EPA Fails to Defend Clean Water Act by Judson Parker

The U.S. Environmental Protection Agency’s “see-no-evil” posture on federal law barring appointment of state permit issuers with recent financial ties to regulated industry has effectively gutted the Clean Water Act's key anti-conflict safeguard, according to a group of environmental advocacy organizations.


The organizations, Public Employees for Environmental Responsibility (PEER), the Florida Clean Water Network, and the Androscoggin River Alliance, say EPA is ignoring blatant violations of this important protection and thereby encourages states to violate it, pointing to two recent cases: In Florida, EPA has dithered for nearly a year without action. In Maine, the administrator resigned due to a parallel state law which has since been weakened while EPA stayed silent.


The federal Clean Water Act bars appointment of any state decision-maker on pollution discharge permits who “has during the previous two years received a significant portion of his income directly or indirectly from permit holders or applicants for a permit.” Nonetheless, at least two states have recently done just that. Both conflicted environmental nominees were confirmed and then challenged by environmental groups; one was ousted and one remains but in both cases EPA remained on the sideline.

Nearly a year ago, on February 23, 2011, PEER and Florida Clean Water Network filed a legal complaint with EPA that Herschel Vinyard, Florida’s environmental secretary, and another top appointee should be legally barred from issuing water pollution permits due to Vinyard’s prior employment on behalf of shipyards. The groups even submitted Vinyard’s sworn filings that he had worked for a regulated industry immediately prior to his appointment as Secretary of the Department of Environmental Protection (DEP). 


In the ensuing months, EPA has issued three status letters, each more noncommittal than its predecessor.  The last letter from EPA Regional Administrator Gwendolyn Keyes-Fleming on January 19, 2012 states:


“We are continuing to evaluate the information included with your letter, and the significant issues raised by that information. In light of the significant issues raised, we are coordinating our response on the matter with appropriate staff and management, both within the EPA Region 4 and offices in EPA’s Headquarters.”
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