Allard Bill re. Federal CERCLA Compliance

[CPEO <cpeo@cpeo.org>]

NEWS RELEASE
Colorado Department of Law
Attorney General Ken Salazar
1525 Sherman Street - 5th Floor
Denver, Colorado  80203


FOR IMMEDIATE RELEASE                                   CONTACT:  Ken Lane
April 16, 1999                                                                 
303-866-5632



OWENS AND SALAZAR ASK ALLARD FOR HELP IN FORCING FEDS TO COMPLY WITH
ENVIRONMENTAL LAWS

        
        Governor Bill Owens and Attorney General Ken Salazar have asked
Senator Wayne Allard to re-introduce his bill that would make federal
agencies comply with environmental laws to the same extent as private
parties.

        In a joint letter, Owens and Salazar requested that the senator
again introduce his bill to clarify the waiver of sovereign immunity in
the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), also known as the superfund law.  That bill would close
loopholes currently relied upon by federal agencies to avoid enforcement
under existing environmental laws.

        'Although CERCLA currently contains a sovereign immunity waiver,
it does not include the detailed, explicit language that is necessary to
avoid litigation with the federal government and to withstand judicial
scrutiny by the courts.  The language proposed in your bill would
eliminate uncertainty that leads to wasteful and costly litigation, delays
in cleanup, and failed enforcement efforts against federal agencies,' the
governor and attorney general wrote.

        Rocky Flats and Rocky Mountain Arsenal are two of the most
polluted sites in the country and bracket the Denver metropolitan area.  
Other federal facilities posing environmental challenges to the state are
the Air Force Academy, Lowry Air Force Base and the Lowry Bombing Range.

        "We tell private industry that responsible environmental
stewardship is a cost of doing business in this day and age," Salazar
said.  "The federal government needs to heed its own words.  
Contamination is no less dangerous when it is caused by a federal agency."

                                  M O R E

        The concept of sovereign immunity derives from the ancient premise
that "the king can do no wrong".  The principle prevents a government from
being sued unless it has first agreed to subject itself to such law suits.  
Only Congress can waive the federal government's sovereign immunity and it
must do so unambiguously.

        The letter from Owens and Salazar references a resolution recently
sponsored by Salazar and passed unanimously by the National Association of
Attorneys General calling for clarification of the waivers of sovereign
immunity in the Clean Air Act, Clean Water Act, and CERCLA.


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