[CPEO-MEF] NAAG letter re Section 8149

[Pauline Simon <cpeo@cpeo.org>]

<------ Original Message Follows ------>
From: "Dan Miller" <dan.miller@state.co.us>
Subject: NAAG letter re Section 8149

[This letter was posted to the listserve by Dan Miller]

"I thought you might want to post this letter that was sent today."

NATIONAL ASSOCIATION OF ATTORNEYS GENERAL
750 FIRST STREET NE  SUITE 1100
WASHINGTON, DC   20002
(202) 326-6054
(202) 408-6999

CHRISTINE T. MILLIKEN   PRESIDENT
Executive Director      CHRISTINE O. GREGOIRE
General Counsel Attorney General of Washington 
        
October 28, 1999

PRESIDENT-ELECT
ANDREW KETTERER
Attorney General of Maine

VICE PRESIDENT
CARLA J. STOVALL
Attorney General of Kansas

IMMEDIATE PAST PRESIDENT
MIKE MOORE
Attorney General of Mississippi


The Honorable Trent Lott
Majority Leader
United States Senate
The Capitol, S-230
Washington, D.C.  20510-1601

The Honorable Thomas Daschle
Minority Leader
United States Senate
The Capitol, S-221
Washington, D.C.  20510-7010

The Honorable J. Dennis Hastert
Speaker
United States House of Representatives
The Capitol, H-232
Washington, D.C.  20515-6501

The Honorable Richard Gephardt
Minority Leader
United States House of Representatives
The Capitol, H-204
Washington, D.C.  20515-6502

Re:  Section 8145, Defense Appropriations Legislation

Dear Senators Lott and Daschle; and Representatives Hastert and Gephardt:

We write to express our concern with a provision of the fiscal year 2000
Defense Appropriations bill.  Section 8149 appears to be intended to prevent
funds in the appropriations bill from being used to pay any penalty imposed
under an environmental law.  While the language of this provision is somewhat
ambiguous, such an interpretation by the federal government could operate as a
de facto repeal of the Federal Facility Compliance Act for the Department of
Defense.  We believe this would have an adverse impact of federal facilities'
compliance with state and federal environmental laws, and we urge you to work
for the repeal of section 8149.

The federal government is, and has long been, the nation's largest polluter.  
Federal agencies have pushed the doctrine of sovereign immunity to avoid having
to comply with the mandates of state and federal environmental laws.  For
decades now, states have worked hard to ensure that federal agencies were
subject to the same environmental laws as private parties.  In 1992, the states
succeeded in obtaining passage of the Federal Facility Compliance Act.  


October 28, 1999
Page Two


This Act clarified the existing waiver of sovereign immunity in the Resource
Conservation and Recovery Act, and subjected federal agencies to state-imposed
penalties for violating state hazardous waste laws.  In 1996, Congress approved
a similar clarification in the Safe Drinking Water Act.  The threat of penalty
liability has had a powerful deterrent effect, resulting in improved federal
agency compliance with hazardous waste laws.  

States have been responsible in exercising their authority under the Federal
Facility Compliance Act.  The amount of penalties assessed against federal
agencies in any given year has been modest.  In addition, States often allow
federal agencies to perform "supplemental environmental projects" in lieu of
paying cash penalties.  In these cases, the federal dollars directly fund
environmental improvements that would not otherwise have occurred.   Compliance
generally results in pollution prevention, which helps to conserve taxpayers'
dollars. 

Section 8149 could be interpreted by federal agencies to strip States of the
power to penalize the Department of Defense in the coming year.  In so doing,
such an interpretation    would place federal facilities above the law, further
eroding public confidence in government.  As described above, Section 8149
would impair a valuable tool that States have used responsibly and effectively
to improve federal agencies' compliance with State hazardous waste laws. 
Again, we urge you to work to repeal this section as expeditiously as possible.

Sincerely,



Attorney General of Washington
Christine Gregoire
President, NAAG

Attorney General of Colardo
Ken Salazar

Attorney General of Idaho
Alan G. Lance   

Attorney General of Ohio
Betty  D. Montgomery

cc:     Senator Ted Stevens     
Chairman
Committee on Appropriations     

Senator Robert C. Byrd
Ranking Member
Committee on Appropriations

Senator George V. Voinovich     
Member
Committee on Environment and Public Works

Senator Max S. Baucus
Ranking Member 
Committee on Environment and Public Works

Senator John Warner
Chairman
Committee on Armed Services

Senator Carl Levin
Ranking Member
Committee on Armed Services

Representative C. W. Young
Chairman
Committee on Appropriations     

Representative David R. Obey,
Ranking Member
Committee on Appropriations

Representative Bob Stump
Chairman
Committee on Armed Services

Representative Ike Skelton
Ranking Member
Committee on Armed Services

Representative W. J. Tauzin
Chairman
Committee on Commerce

Representative John D. Dingell
Ranking Member
Committee on Commerce

<------ End Of Original Message -------> 

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