DEBATE CONTINUES

[Lenny Siegel <lsiegel@igc.org>]

SUPERFUND DEBATE CONTINUES

Now that the environmental provisions of the Defense Reform Act have 
been kept out of the Defense Authorization Act, it's time to take 
stock. There is an ongoing debate in DC on Superfund Reauthorization. 
Though major environmental groups and networks of community activists 
take part in that debate, they don't come to the table with the full 
weight of political support - or even the awareness - of people from 
most of the communities affected by the Superfund law.

Even under the more orderly consultative process to which we have now 
returned, it is still likely that legislation will go too far in 
reducing the preference for treatment and in expanding the use of land 
use restrictions as a substitute for cleanup. It's not clear whether 
provisions on state authorities will protect citizens in states with 
weak and/or racist environmental regulatory programs. Public 
participation provisions are likely to improve, but bureaucratic 
obstacles are likely to remain.

Similarly, with even less public participation, numerous states are 
reconsidering their statutes governing the cleanup of hazardous waste.

In addition, there is serious legislation pending that would strengthen 
the ability of states to enforce environmental laws against federal 
facilities. Notably, Representative Dan Schaefer (R-Colorado) has 
introduced H.R. 1194 and H.R. 1995 to insert waivers of sovereign 
immunity into the Clean Water Act and the Superfund law. This would 
clarify that the federal government - the sovereign - is not immune 
from state environmental laws in those areas.

Lenny Siegel