January 30, 2003
The Honorable Christine Todd Whitman Dear Administrator Whitman: I have just become aware of the results from the Environmental Protection Agency’s (EPA) Enforcement and Compliance Program for FY 2002. The numbers show an extremely disturbing trend towards weaker enforcement over the last two years in almost every category of measurement. Enclosure I provides information on some of the key categories and the numbers which the enforcement program uses to measure its accomplishments. For example, the amount of judicial penalties for violations of our environmental laws fell dramatically by more then 45% between FY 2001 and FY 2002. The amount of criminal penalties collected fell by more than 34%. Only in the category of administrative penalties collected was there an increase of 8% but the total for FY 2002 is still 12% below the year FY 2000. However, administrative penalty order complaints and administrative compliance orders issued have shown a steady decline. Private party commitments to clean up Superfund sites have also fallen sharply with a decline of almost 53% between FY 01 and FY 02. This precipitous decline in commitments by responsible parties to clean up Superfund sites comes as the Superfund Trust Fund is virtually depleted, the President opposes reauthorization of the Superfund taxes, and the Administration’s budget requests do not provide adequate funding for sites ready to go to clean up construction. I also understand that many cases, including more than 40 Clean Water Act civil cases, which were referred to the Justice Department have been formally or informally withdrawn or are not being actively prosecuted by the Justice Department. Please provide a list identifying all such cases and the reasons for inaction. The enforcement program is critical to the effectiveness and fairness of our environmental laws. The public health of our citizens cannot be fully protected or the environment cleaned up if the EPA, and the Justice Department, do not provide strong and effective enforcement of our clean air, clean water, and toxic waste laws and regulations. Similarly, companies that comply with our environmental laws are competitively disadvantaged if the EPA fails to enforce against those who are in violation of the laws. Almost 20 years ago, in the first two years of President Reagan’s Administration, enforcement of the environmental laws came to a virtual halt. That pathetic performance played a role in the ultimate resignation and removal of the Administrator and 20 senior officials at the EPA. I strongly urge you to take immediate action to reverse this significant downward trend and expeditiously prosecute and penalize those who violate our nation’s environmental laws. Sincerely,
cc: The Honorable W. J. "Billy" Tauzin, Chairman The Honorable Thomas
Sansonetti, Assistant Attorney General
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