Clean Water Act

[Vicky Peters <hwpetevl@dolsmtp.dol.state.co.us>]

please post.  Concerned citizens should contact their senators and
urge them to co-sponsor this bill.  The current sponsors anticipate
introducing the bill within the next few days.
 
>Date: Wed, 17 Mar 1999 15:46:02 -0700
>From: Richard Gupton <Richard_Gupton@coverdell.senate.gov>
>To: vicky.peters@state.co.us
>Subject: Dear Colleague
 
 
                               March 16, 1999
 
 
     Dear Colleague:
 
     It has been over twenty-six years since Congress enacted the Clean
     Water Act.  This important legislation has been an effective tool in
     improving the quality of our nation's rivers, lakes, and streams.
     Over that period of time, however, states have not had the ability to
     impose certain fines and penalties against federal agencies for
     violations of the Clean Water Act.  Not only does this double standard
     violate the most basic tenets of government accountability, but it
     also leaves vulnerable citizens living on or near federal sites where
     environmental violations have occurred.

     Under common law, in order for the federal government to be sued, it 
     must first waive its sovereign immunity.  The governing legal standard
     stipulates that, if there is any question as to whether and to what
     extent the federal government has waived its sovereign immunity,
     courts must rule in favor of the federal government.  Our legislation
     waives such immunity unequivocally.
 
     It is important that all federal agencies be held to the same
     environmental compliance standards as everyone else.  Without
     enforceable waivers of sovereign immunity in the Clean Water Act,
     people living near federal sites where violations have occurred will
     continue to receive a lower level of environmental protection.  If you
     are interested in cosponsoring this legislation, please contact Laura
     O'Neill at 224-3643 or Johnny Broussard at 224-4623.
 
 
 
                                    Sincerely,
 
 
 
                Paul Coverdell                         John Breaux