[CPEO-MEF] States oppose new "8149"

[Lenny Siegel <lsiegel@cpeo.org>]

Leaders of three multi-state associations have sent a letter to the
ranking members of the U.S. Senate Appropriations Committee opposing
what appears to be a proposal to extend and modify Section 8149,
inserted in the fiscal year 2000 Defense Appropriations Bill by
Committee Chairman Ted Stevens (R-Alaska). On May 18, 2000 Nevada
governor Kenny Guinn (on behalf of the National Governors' Association),
Indiana State Senator Beverly Gard (for the National Conference of State
Legislatures), and Attorneys General Christine Gregoire of Washington
and Ken Salazar of Colorado (representing the National Association of
Attorneys General) wrote Stevens and Senator Robert Byrd (D-WV).

The state officials explained, "The language proposed would prohibit
payment of large fines and penalties for violations of environmental
laws at military installations from funds appropriated in the bill
unless authorized by Congress. Such a proposal has the unfortunate
effect of interjecting the legislature into what should be an
independent system of law enforcement operated by the states and other
environmental regulators. This approach to environmental regulation
undermines the ability of states to use the threat of penalties as a
means of forcing federal facilities to take responsibility for the
environmental consequences of their operations.

"The fact that this language applies only large penalties is of little
comfort. The federal government is the nation's largest polluter and
military installations are a major contributor to that pollution. The
threat of significant penalties can only be an effective deterrent to
environmental violations where the penalty may be potentially
proportional to the cost of compliance. A requirement for Congressional
approval of penalties of a certain size unduly limits the ability of
states to use this threat to effectively regulate the Department of
Defense."

-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 222B View St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/968-1126
lsiegel@cpeo.org
http://www.cpeo.org


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