FY 2000 Actual Performance:

Performance Measure: % of Affirmative Civil Environmental Cases Successfully Resolved (NOTE: Prior year actuals have been corrected to reflect the most recent and accurate data available.)

Target: Not Projected Actual: 93%

Discussion: The Department had many notable successes in affirmative cases in 2000. We reached a record settlement in the amount of $19 million of Clean Air Act violations at 14 facilities leading to a reduction in volatile organic compounds, carbon monoxide, nitrogen oxide, and dangerous microscopic "particulate matter." Another important case involving air pollution will lead to reduced emissions of volatile organics when crude and refined petroleum products are loaded onto ships. This case included a $6 million fine and the establishment of a health clinic to treat respiratory problems. The Department began a major initiative to bring 29 coal-burning power plants into compliance with clean air standards. The plants emit tens of millions of tons of sulfur dioxide, nitrogen oxides, and particulates because they have not installed the best available control technologies to reduce emissions. With the State of Texas we brought a Clean Water Act suit against an oil pipeline operator for pipeline leaks in 16 states. This case resulted in a $30 million fine and corrective actions to detect and prevent future leaks.

Public Benefit: The Department’s successes ensured pollution control deficiencies were corrected, emissions into the air and water were reduced, leaks and abandoned wastes were cleaned up, and solid and hazardous wastes were properly disposed. These cases led to specific improvements in the quality of the environment of the United States and to the health and safety of its citizens.

FY 2001 Performance Plan Evaluation: In accordance with Department guidance, targeted levels of performance are not projected for this indicator.

Performance Measure: Costs Avoided and $ Awarded in Civil Environmental Cases

Actual: $2.1 billion awarded and $1.8 billion avoided

Discussion: The Department successfully represented a wide range of government agencies in suits that challenged environmental and public land policies and programs and in cases seeking money from the government. In addition to defending millions in claims against the federal fisc, we defended the Navy's ability to renew leases for naval bases in San Diego, and the Army's efforts to safely dispose of aging chemical weapons in the Tooele facility at the Desert Chemical Depot in Utah. Losses in these cases would have cost the government millions of dollars. The Department secured tribal water rights in Arizona for Indian tribes with whom we have a trust relationship. We defended a challenge to the reintroduction of gray wolves in the Yellowstone area, and we continued efforts to restore the Everglades through eminent domain proceedings. We obtained a final decree in a 20-year old Supreme Court original action in which we successfully defended our claim to submerged lands along the Arctic Ocean coast of Alaska. The decree resolves United States' ownership along with more than $1.7 billion in oil and lease revenues plus interest. Under the Comprehensive Environmental Response, Compensation and Liability Act, the Department secured agreements from responsible parties to perform clean up work (estimated at $503 million) at Superfund sites around the country and $149 million to reimburse the Superfund for the government's costs of cleaning other sites.

Public Benefit: The Department’s efforts to defend government programs, to obtain compliance with environmental statutes, to win civil penalties, and to recoup federal funds spent to abate environmental contamination demonstrated that America's environmental laws will be strictly enforced. Polluters who break environmental laws will not be allowed to gain an unfair economic advantage over law-abiding companies. The environment and public health and safety are improved by greater voluntary compliance with environmental and natural resource laws.

FY 2001 Performance Plan Evaluation: In accordance with Department guidance, targeted levels of performance are not projected for this indicator.

The Department will work closely with client agencies to develop enforcement strategies specifically targeted to achieve widespread deterrence and encourage effective compliance across industry sectors that are major sources of pollution. DOJ will also defend the operating programs, permitting decisions and regulations of the federal agencies with specific focus on defending a wide range of cases including: the largest and most complex Comprehensive Environmental Response, Compensation and Liabilities Act defensive matters for which potential liability is estimated in the billions of dollars; ongoing defense of the Army’s $15 billion Chemical Demilitarization Program for destroying the nation’s stockpile of chemical weapons as mandated by Congress and an International Chemical Weapons Convention; and handling new litigation challenges to federal programs. The Department will also focus on pursuing land and water claims on behalf of tribes to resolve centuries old disputes. The Department will litigate to protect tribal regulatory, adjudicatory, and tax jurisdiction; establish and protect treaty-based hunting and fishing rights; and deter and remediate pollution problems on Indian lands.

Crosscutting Activities:

The Environment Division, FBI and U.S. Attorneys are working collectively with federal agencies including the EPA, Departments of Agriculture and the Interior, and state and local governments to strengthen enforcement of environmental laws and statutes and to preserve public lands, natural resources, and tribal sovereignty.

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STRATEGIC OBJECTIVE 3.3: ANTITRUST Promote competition in the United States economy through enforcement of, improvements to, and education about antitrust law and principals.