Reviving Pollution Enforcement at the EPA
The strength of pollution regulation in the U.S. relies on enforcement, and the agency in charge is falling down on the job.
Citizens need to know how to engage with their state and federal environmental enforcement agencies to effectively demand responses to pollution. Anti-pollution laws – Clean Water Act (CWA); Safe Drinking Water Act (SDWA); Clean Air Act (CAA); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); and Resource Conservation and Recovery Act (RCRA) – mean little unless the responsible agencies fairly implement and diligently enforce them.
The enforcement system is complex, with states handling much and the federal government often “backstopping” the states. This patchwork resulted from how the national laws evolved. Back in the 1960s and 1970s, when highly-varying state laws proved inadequate to protect the environment, then new federal regulations and minimum standards were put in place. States were allowed to have more protective standards than those minimum standards if they chose to. To this day, enforcement of many, but not all, parts of the CWA, SDWA, CAA, RCRA and FIFRA, as well as their connected state laws and regulations, is a state function.
The enforcement agencies at both of those levels of government often need prodding and “watchdogging.” Thankfully Congress anticipated that, as shown by the fact that most of the Acts have special “citizen suit” provisions that provide affected people with a direct path to Court to obtain enforcement when the agencies falter
Florida Pollution Enforcement Reports
Since 2004, PEER has examined Florida Department of Environmental Protection (DEP) files to assess pollution enforcement. In a state heavily reliant on its natural beauty for tourism revenue, it has fallen far short of acceptable pollution levels primarily in its waterways and wastewater management.
Despite pledges to strengthen pollution enforcement, Florida state records show declines in virtually all meaningful measures. Notably, violations and significant noncompliance with pollution limits are growing while major enforcement actions are declining. Read the Reports»