Federal Environmental Enforcement: Environmental Organizations Letter Requesting Congress Increased Funding for the United States Environmental Protection Agency

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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Twenty-seven environmental organizations transmitted a July 12th letter to the Chair and Ranking Members of the relevant Senate and U.S. House of Representatives Appropriations Subcommittees with jurisdiction over the United States Environmental Protection Agency (“EPA”).

The organizations executing the letter include:

Air Alliance Houston

Maryland League of Conservation Voters

Center for Biological Diversity

National Environmental Law Center

Chesapeake Bay Foundation

National Parks & Conservation Association

Chesapeake Climate Action Network

National Resources Defense Council

Clean Air Council

Ohio Environmental Council

Clean Water Action

Patuxent Riverkeeper

Clean Wisconsin

Prairie Rivers Network

Conservation Law Foundation

Sierra Club

Earthjustice

Southern Environmental Law Center

Environment America

Suncoast Waterkeeper

Environmental Defense Fund

Tampa Bay Waterkeeper

Environmental Integrity Project

Utah Physicians for a Healthy Environment

Environmental Law & Policy Center

Western Organization of Resource Councils

League of Conservation Voters

 

The organizations request funding for EPA’s compliance monitoring and enforcement programs at levels that they indicate were proposed in the Biden Administration’s budget for the 2023 fiscal year.

They argue in support of the request that adjusted for inflation:

. . . EPA enforcement expenditures fell 10% between 2020 and 2022, and have fallen 23.6% since 2012.

This is argued to have resulted in the loss of 20% of EPA’s workforce. More than 600 scientists, engineers, attorneys, investigators, and support staff are stated to have been lost between 2012 and 2022.

The letter further argues that enforcement activity has “declined dramatically” in almost every category between the 2017 and 2021 fiscal years. It is further stated that in those four years:

. . . the number of inspections, criminal investigations, enforcement actions initiated or concluded, and criminal penalties fell at least 50% compared to the annual average between 2002 and 2016, while civil penalties declined 36%.

The organizations argue that the result of current enforcement leaves EPA less able to “protect communities of color and working-class neighborhoods already disproportionately harmed by pollution.”

A copy of the letter can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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