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Log inEPA Enforcement Is Faulted
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EPA Enforcement Is Faulted
by Outspoken on Tue Jul 08, 2008 8:48 am
EPA Enforcement Is Faulted
Agency Official Cites Narrow Reading of Clean Water Act
By Juliet Eilperin
Washington Post Staff Writer
An official administration guidance document on wetlands policy is undermining enforcement of the Clean Water Act, said a March 4 memo written by the Environmental Protection Agency's chief enforcement officer.
The memo by Granta Y. Nakayama, EPA's assistant administrator for enforcement and compliance assurance, was obtained by the advocacy group Greenpeace and released yesterday by two House Democratic committee chairmen. It highlights the confusion that has afflicted federal wetlands protections since a 2006 Supreme Court decision.
That 5 to 4 decision, known as Rapanos v. United States, held that the Army Corps of Engineers had exceeded its authority when it denied two Michigan developers permits to build on wetlands, but the court split on where the Corps should have drawn the line on what areas deserve protection.
A plurality made of up Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr. proposed an across-the-board reduction in the Corps' regulatory role, but Justice Anthony M. Kennedy -- who cast the deciding vote -- called for a case-by-case approach in deciding how the government should proceed. That left the ruling open to interpretation.
In his memo to Benjamin Grumbles, EPA's assistant administrator for water, Nakayama wrote that the document the agency issued in June 2007 to guide regulators' decisions under the Rapanos decision is having "a significant impact on enforcement." Nakayama and his staff concluded that between July 2006 and December 2007, EPA's regional offices had decided not to pursue potential Clean Water Act violations in 304 cases "because of jurisdictional uncertainty."
Much of the controversy centers on what sort of waterway and accompanying wetlands should qualify for protection. The administration's guidance instructs federal officials to focus on the "relevant reach" of a tributary, which translates into a single segment of a stream. In the memo, Nakayama argued that this definition "isolates the small tributary" and "ignores longstanding scientific ecosystem and watershed protection principles critical to meeting the goals" of the Clean Water Act.
Chairmen Henry A. Waxman (D-Calif.) of the House Government Oversight and Reform Committee and James L. Oberstar (D-Minn.) of the Transportation and Infrastructure Committee sent a letter yesterday to EPA Administrator Stephen L. Johnson saying they have "grave concerns" about the way the agency is implementing the Clean Water Act.
http://www.washingtonpost.com/wp-dyn/content/article/2008/07/07/AR2008070702418.html?wpisrc=newsletter
Agency Official Cites Narrow Reading of Clean Water Act
By Juliet Eilperin
Washington Post Staff Writer
An official administration guidance document on wetlands policy is undermining enforcement of the Clean Water Act, said a March 4 memo written by the Environmental Protection Agency's chief enforcement officer.
The memo by Granta Y. Nakayama, EPA's assistant administrator for enforcement and compliance assurance, was obtained by the advocacy group Greenpeace and released yesterday by two House Democratic committee chairmen. It highlights the confusion that has afflicted federal wetlands protections since a 2006 Supreme Court decision.
That 5 to 4 decision, known as Rapanos v. United States, held that the Army Corps of Engineers had exceeded its authority when it denied two Michigan developers permits to build on wetlands, but the court split on where the Corps should have drawn the line on what areas deserve protection.
A plurality made of up Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr. proposed an across-the-board reduction in the Corps' regulatory role, but Justice Anthony M. Kennedy -- who cast the deciding vote -- called for a case-by-case approach in deciding how the government should proceed. That left the ruling open to interpretation.
In his memo to Benjamin Grumbles, EPA's assistant administrator for water, Nakayama wrote that the document the agency issued in June 2007 to guide regulators' decisions under the Rapanos decision is having "a significant impact on enforcement." Nakayama and his staff concluded that between July 2006 and December 2007, EPA's regional offices had decided not to pursue potential Clean Water Act violations in 304 cases "because of jurisdictional uncertainty."
Much of the controversy centers on what sort of waterway and accompanying wetlands should qualify for protection. The administration's guidance instructs federal officials to focus on the "relevant reach" of a tributary, which translates into a single segment of a stream. In the memo, Nakayama argued that this definition "isolates the small tributary" and "ignores longstanding scientific ecosystem and watershed protection principles critical to meeting the goals" of the Clean Water Act.
Chairmen Henry A. Waxman (D-Calif.) of the House Government Oversight and Reform Committee and James L. Oberstar (D-Minn.) of the Transportation and Infrastructure Committee sent a letter yesterday to EPA Administrator Stephen L. Johnson saying they have "grave concerns" about the way the agency is implementing the Clean Water Act.
http://www.washingtonpost.com/wp-dyn/content/article/2008/07/07/AR2008070702418.html?wpisrc=newsletter
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