RE: [CPEO-MEF] Restriction on Fines

[vicky.peters@state.co.us]

I agree with the concerns voiced in this message.  However, I would point
out that the language is actually more detrimental than indicated in the 
Delahunt letter as it also precludes States from assessing penalties, and 
it precludes both States and EPA from assessing, not just "punitive 
penalties", i.e., penalties for past violations, but also "coercive 
penalties" which are used to "coerce" the offending party into doing the 
right thing, like complying with a permit or court-ordered injunction.

Thus, in some respects, this language puts enforcers, state and federal 
alike, in a weaker position than they were in prior to the clarifications 
of sovereign immunity in RCRA and the Safe Drinking Water Act.  We have 
taken a gigantic step backwards.



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