[CPEO-MEF] Comment on 8149

[Lenny Siegel <lsiegel@cpeo.org>]

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This reply came from a contractor who provides support for defense
environmental programs:

Lenny, 

Am responding to your posting of the LA Times article.  While your lead
in to quoting the article correctly states that paying fines and
penalties will require specific authorization by Congress, the article
itself makes no mention of that fact.  It implies that somehow the
federal government will be immune from penalties by state or federal
regulators.  The Wash Post article yesterday gives a more accurate
assessment of the impact on the language in the act.  I have seen on
your list server some potential benefits posted by DOD employees, but
notice that they have not been addressed by you or other credible
activists.  

I think that you will agree that if the federal agencies fail to comply
with environmental laws and regulations, the resultant fines and
penalties represent a waste of government resources that could be spent
on other, more important public business.  For those who manage
environmental programs, it becomes very difficult to justify to the
hierarchy of the program and budget process, why they failed to do
whatever that resulted in fines and penalties.  Further, Congress does
not take kindly to such failures to comply.  The Congress also can serve
as a potential counter-balance to excessive regulation that is not in
the national interest.  My final point would be that the need for
specific authorization to pay penalties has been the practice at DOD
CERCLA regulated sites for many years.  Has Congress ever failed to
authorize the payment of those penalties?

Your sanctioning of a misleading article does nothing to improve the
debate, as many (including me) hold you in high regard as a voice of
reason among activists.  Frankly, there is a more important evil that
the Congressional language illustrates.  That is the ability of members
of Congress to insert language into bills for pork or pet issues at the
last minute that would never be approved if debated on the floor of the
House or Senate. Thanks.

-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 222B View St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/968-1126
lsiegel@cpeo.org
http://www.cpeo.org



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