| From: | VICKY PETERS <HWPETEVL@dolsmtp.dol.state.co.us> |
| Date: | 17 Jul 1997 08:42:19 |
| Reply: | cpeo-military |
| Subject: | State AG's Support H.R. 1994 and H.R. 1995 State AG's Support H.R. 1994 and H.R. 1995 |
STATE ATTORNEYS GENERAL A Communication From the Chief Legal Officers Of the Following States July 10, 1997 Honorable Thomas J. Bliley, Jr. Chairman, House Committee on Commerce 2241 Rayburn House Office Building Washington, DC 20515 Honorable John Dingell Ranking Minority Member 2322 Rayburn House Office Building Washington, DC 20515 Re: Waiver of Sovereign Immunity by the Federal Government in Clean Water Act and Comprehensive Environmental Response, Compensation, and Liability Act Dear Chairman Bliley and Representative Dingell: We write to express our support for H.R. 1194 and H.R. 1195, sponsored by Representative Dan Schaefer, which would strengthen the existing sovereign immunity waivers in the Clean Water Act (CWA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), respectively. The proposed language mirrors that of the Federal Facility Compliance Act of 1992 and the Safe Drinking Water Act Amendments of 1996, which were passed by the Committee. H.R. 1195 also would ensure that states would not forfeit their independent enforcement authorities when they enter into cleanup agreements with federal agencies. In 1990, the National Governors' Association and the National Association of Attorneys General Task Force on Federal Facilities published "From Crisis to Commitment: Environmental Cleanup and Compliance at Federal Facilities." In this report, states identified the federal government as the worst polluter in the nation, explained how a lack of independent enforcement authority contributes to federal agency noncompliance, and recommended, among other things, that Congress "amend applicable federal laws to clearly waive federal sovereign immunity from the application and enforcement of federal and state environmental laws." The National Association of Attorneys General strongly supports this position. Although CERCLA and the CWA currently contain sovereign immunity waivers, they do not include the detailed, explicit language that appears necessary to avoid litigation with the federal government and to withstand judicial scrutiny by the courts. The language proposed by Mr. Schaefer would eliminate this uncertainty that leads to wasteful and costly litigation, delays in cleanup, and failed enforcement efforts against federal agencies. Passage of the bills would help to ensure that the federal government complies with environmental laws to the same extent as private parties. In addition, the bills would assist in avoiding the unfunded mandates created when the federal government inappropriately manages waste streams and then, abandons the waste sites within state borders. To ensure that the federal government is not treated differently than private parties, H.R. 1195 would preclude states from imposing more stringent standards upon federal facilities than upon private parties. This is fully consistent with states' practices and intentions, and we do not oppose this provision. H.R. 1195, which would clarify that the state and federal governments can coordinate their cleanup activities without risking a loss of enforcement authorities, also would encourage better integration of federal facility cleanups with state environmental requirements. A court decision several years ago raised questions as to whether states could potentially compromise their independent enforcement authority if they entered into agreements with the federal government to coordinate cleanup of a site. This legislation would facilitate coordinated response and prioritization, which is particularly important at large, complex federal facilities. There are those who question whether, given budget deficits, it is feasible to require the federal government to comply with environmental laws to the same extent as private parties. We believe that it is feasible and fair to do so. Gaining control over environmental cleanup and compliance at federal facilities in absolutely critical to protecting the public health and safety of our citizens and communities, to restoring much-needed confidence in the federal government, and to preserving the fundamental tenets of federalism. Bringing federal agencies into environmental compliance requires a significant, national, long-term commitment. Precious time, money and personnel should be devoted to environmental protection, not to debating and litigating the government's duty to comply. We urge Congress to take another important step toward federal accountability and real cleanup progress by passing H.R. 1194 and H.R. 1195 as soon as possible. If you or your staff have any questions, please feel free to contact us or Lynne Ross, our Association's Legislative Director, who can be reached at 202-326-6054. Thank you for your consideration of our views. Sincerely, Gale Norton Attorney General of Colorado Christine Gregoire Attorney General of Washington Chair, Environmental Legislative Subcommittee Bill Pryor Attorney General of Alabama Bruce Botelho Attorney General of Alaska Grant Woods Attorney General of Arizona Daniel Lungren Attorney General of California Richard Blumenthal Attorney General Connecticut M. Jane Brady Attorney General of Delaware Robert Butterworth Attorney General of Florida Calvin Holloway Attorney General of Guam Margery Bronster Attorney General of Hawaii Alan Lance Attorney General of Idaho Jim Ryan Attorney General of Illinois Jeff Modisett Attorney General of Indiana Tom Miller Atttorney General of Iowa Andrew Ketterer Attorney General of Maine J. Joseph Curran Attorney General of Maryland Scott Harshbarger Attorney General of Massachusetts Frank Kelley Attorney General of Michigan Hubert Humphrey Attorney General of Minnesota Joseph Mazurek Attorney General of Montana Frankie Sue Del Papa Attorney General of Nevada Phillip McLaughlin Attorney General of New Hampshire Peter Verniero Attorney General of New Jersey Tom Udall Attorney General of New Mexico Dennis Vacco Attorney General of New York Michael Easley Attorney General of North Carolina Betty Montgomery Attorney General of Ohio Drew Edmondson Attorney General of Oklahoma Hardy Myers Attorney General of Oregon Mike Fisher Attorney General of Pennsylvania Mark Barnett Attorney General of South Dakota John Knox Walkup Attorney General of Tennessee Dan Morales Attorney General of Texas Jan Graham Attorney General of Utah William Sorrell Attorney Gerneral of Vermont Richard Cullen Attorney General of Virginia Darrell McGraw Attorney General of West Virginia James Doyle Attorney General of Wisconsin cc: Rep. Bud Shuster, Chair Rep. James L. Oberstar, Ranking Minority Member Transportation & Infrastructure Committee Rep. Sherwood L. Boehlert, Chair Rep. Robert A. Borski, Ranking Minority Member Water Resources & Environment Subcommittee A facilitation service provided by the National Association of Attorneys General. 750 First Street, NE Suite 1100 Washington, D.C. 20002 phone: (202) 326-6000 fax: (202) 408-7014_ | |
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