Felony prosecutions...
To my surprise the government has finally persecuted a company for environmental infractions. The Mcwane pipe manufacturing facility has been ordered to pay $4.5 million and been charged with 2 felony count. Was this just a case of dumb business men, or is the EPA really trying to crackdown on offenders? Here's the juicy details of the issue This is the first federal criminal prosecution of its kind, said Thomas V. Skinner, EPAs acting Assistant Administrator for Enforcement and Compliance Assurance. Tyler knowingly failed to secure required air permits when it undertook construction, and it attempted to conceal its actions. That type of conduct will not be tolerated.This prosecution and resulting agreement send a strong message to those in industry of their responsibility to uphold the laws that protect the public health and environment of their community, Assistant Attorney General for the Environment and Natural Resources Division Thomas L. Sansonetti said. If they seek to cover up operations at their facilities to try to avoid the cost of the technology required by law to protect the environment, they will be held responsible to the fullest extent possible.The U.S. Attorney's Office aggressively enforces environmental laws in East Texas, said U.S. Attorney Matthew Orwig. Corporate polluters should beware when it comes to the environment, taking shortcuts is a bad, long-term decision. We will continue to investigate and prosecute anyone who violates the Clean Air Act or the Clean Water Act.
The offenders are one of the biggest companies and their industry, but charges have only come to one of their facilities. I do think this will serve as a deterrent, but it could probably be more effective if the penalties were greater. That way it would make a much bigger splash and really ruffle some more feathers.
posted by Anonymous @ 11:33 AM
2 Comments:
In Praise of Self
Who says what about whom? Let's take a look.
“The U.S. Attorney's Office aggressively enforces environmental laws in East Texas,” said U.S. Attorney Matthew Orwig.
Environmental Protection Agency (EPA) Regional Administrator Richard E. Greene said, “...I am pleased that EPA...has been able to use the effective enforcement tools provided by the Clean Air Act to protect human health and the environment while ensuring a level playing field for industry.”
Oh, and best of all:
“This is the first federal criminal prosecution of its kind,” said Thomas V. Skinner, EPA’s acting Assistant Administrator for Enforcement and Compliance Assurance.
This was on the EPA National News web site.
For a more practical perspective:
The Act would have required that pollution from the new cupola be controlled using the best available control technology. Instead, Tyler Pipe concealed the construction of the new cupola from the TCEQ and connected its new cupola to the existing pollution control device, a water scrubber designed and built in the 1960's.
So they are required to use a specific type of technology. (Pure command and control regulation, there.) Obviously, they felt that the old technology was the "best" for them, simply because it was cheaper. The manufacturers of the newer technology thought that theirs was the best, because it would give them money. Who is right?
My sister works at a lab down in Salt lake that test samples for violations of dumping toxic chemicals. They test at least 2-3 different types if spills every week, but we the public never hear of them. Often it is minor spills inot the sewers and the news rarely if ever reports on it. The company is fined and few actually know that they dumped stuff. But since my sister has to work nearly 60 hour work weeks obviously the deterent isnt strong enough. Public bradishings may be far more affective than simple fine that few notice. But hey as long as the EPA can say they fined X and are catching more and more polluters they will pat themsleves on the abck and consider they are doing a good job.
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